Linked by Thom Holwerda on Mon 9th Feb 2009 20:55 UTC, submitted by poundsmack
Law and Order The legal case between Apple and Psystar has just taken another, very small turn. Psystar gained a small victory over Apple today, because U.S. District Court Judge William Alsup allowed Psystar to modify its counter-suit against Apple, after he had dismissed the original counter-suit. However, something more interesting came out of this ruling: the judge hinted at what would happen if Psystar were to win.
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RE: If Pystar win...
by darknexus on Tue 10th Feb 2009 03:32 UTC in reply to "If Pystar win..."
darknexus
Member since:
2008-07-15

And on the point of OEM, I can't see how Pystar could win this case without there being implications for Microsoft's OEM program because effectively it does the same thing, ties a piece of software to a specific piece of hardware. Surely a ruling in Pystar's favour here would eventually mean I can install my OEM Windows on whatever box I see fit?

Different situations. OEM Windows is only licensed for one computer, but Microsoft isn't telling you what computer you must install it on. You get one install of an OEM license, you can pick whatever computer you wish to be that install. If it's OEM restore disks you're talking about, that's the OEM tying that restore disk to the hardware. That's not Microsoft's doing, that's the OEM.
Apple, by contrast, says in their eula that you may not install OS X onto non-Apple hardware. They're telling you flat out what hardware on which you can and cannot install OS X, and they are contending that breaking or hacking around this limitation is unlawful.
Quite a bit of difference there.

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RE[2]: If Pystar win...
by mrhasbean on Tue 10th Feb 2009 21:14 in reply to "RE: If Pystar win..."
mrhasbean Member since:
2006-04-03

Different situations. OEM Windows is only licensed for one computer, but Microsoft isn't telling you what computer you must install it on. You get one install of an OEM license, you can pick whatever computer you wish to be that install. If it's OEM restore disks you're talking about, that's the OEM tying that restore disk to the hardware. That's not Microsoft's doing, that's the OEM.


OEM meaning Original Equipment Manufacturer - so THEY determine what computer it goes on. You have no choice what computer to install it on. You cannot legally purchase an OEM license with a computer and install it on a different computer. In fact if you are the M in the OEM bit you are expected by Microsoft to remove the label from the license agreement and attach it to the case of the computer before it is supplied to the customer. It then contravenes Microsoft's license agreement to install that license on another computer or transfer that label (and therefore license) to another computer. Further, and major component upgrade to that computer nullifies that license. I can see no difference here.

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