Linked by Thom Holwerda on Wed 14th Jan 2009 20:55 UTC
Apple It appears that Apple is not just going after Psystar when it comes to running Mac OS X on non-Apple branded computers. Wired's gadget blog was running a story, accompanied by a video, demonstrating how to install Mac OS X on a non-Apple netbook. After Apple contacted Wired, the website took down the video.
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Comment by Bernhard
by Bernhard on Thu 15th Jan 2009 10:30 UTC
Bernhard
Member since:
2008-11-12

In the first contract, you bought a copy of the software. Not a box, not a CD, a copy of the software. You have the right to resell this, repackage this, break it up (the software) into components and resell them piecemeal. To do this you will not have to enter into the EULA.

The second contract is the the EULA which you enter into when you click through. Its independent of the sales contract. This may or may not be binding, in particular, the clause which forbids you to install on non-Apple hardware may or may not be finding. This also may or may not be a license.

But the sale by which you acquired your copy was a sale, it was not a license. Read Softman.


Do you think Apple's lawyers are too stupid to make their License bulletproof? This is, again, covered in the EULA as "You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself." By installing OSX on whatever machine, you have to agree to that license. There is no way around it as long as the license is not invalidated by law.

Why would it be the death of Macs? Macs would be as competitive as they are now. The hardware would still be exquisitely selected, far better quality than the average beige box, and perfectly integrated with the OS, which is something no migrating of what in effect would be a Porsche engine into an old Lada could possibly achieve.


Oh, please! Apple hardware is EXACTLY the same as in the beige box. They use Intel CPUs, nvidia chipsets, ATI graphics cards, just to name a few. Wired and Psystar would not have been able to run OSX on non-Apple hardware if it were any different.

Reply Score: 3

RE: Comment by Bernhard
by No it isnt on Thu 15th Jan 2009 11:51 in reply to "Comment by Bernhard"
No it isnt Member since:
2005-11-14

Why would they need to make the EULA bulletproof? All they need to do, is to have enough lawyers to make a breach too expensive. The EULA is certainly not valid in my country (a contract "signed" by opening a box I've bought? I don't think so), but Apple still sells their software and their computers here.

Reply Parent Score: 2

RE[2]: Comment by Bernhard
by Bernhard on Thu 15th Jan 2009 12:36 in reply to "RE: Comment by Bernhard"
Bernhard Member since:
2008-11-12

Why would they need to make the EULA bulletproof? All they need to do, is to have enough lawyers to make a breach too expensive. The EULA is certainly not valid in my country (a contract "signed" by opening a box I've bought? I don't think so), but Apple still sells their software and their computers here.


That may or may not be. But it sure is valid in the US of A, or they wouldn't have bothered writing it in the first place, would they?

And if it is, Apple may not be able to sue you (or threat to do so) if you install OSX to a "Hackintosh" but they sure can do so to someone who does it in the US.

(Which is true for both the Wired staff and Psystar)

Reply Parent Score: 1

RE[2]: Comment by Bernhard
by DrillSgt on Thu 15th Jan 2009 15:44 in reply to "RE: Comment by Bernhard"
DrillSgt Member since:
2005-12-02

"Why would they need to make the EULA bulletproof? All they need to do, is to have enough lawyers to make a breach too expensive. The EULA is certainly not valid in my country (a contract "signed" by opening a box I've bought? I don't think so), but Apple still sells their software and their computers here."

Well, you do not agree to the EULA by opening the box. You agree to the EULA when you click the Accept or OK button on the license dialog when the question asks you to. That has already been deemed enforceable in many countries, the whole click through signing.

Reply Parent Score: 2

RE: Comment by Bernhard
by alcibiades on Thu 15th Jan 2009 13:44 in reply to "Comment by Bernhard"
alcibiades Member since:
2005-10-12

You need to reread Softman, carefully. You buy a copy, and until you install, you have not entered into a license.

And I guess irony about Porsche engines is wasted on OSNews....

Reply Parent Score: 2