Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
Apple Numerous irrelevant issues and feelings about them are ventilated in comments on the case. However, there are only two important issues. One is what the law is, the other is what we think the law should be.
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Comment by lurch_mojoff
by lurch_mojoff on Mon 9th Mar 2009 09:07 UTC
lurch_mojoff
Member since:
2007-05-12

I have a question here.

...Or it might be labelled as upgrade only.

Why would a sticker on the box make you consider it an "upgrade" version, but a clause in the EULA won't? What is the difference? What are the legal, or at least moral, grounds on which that makes sense?

Reply Score: 1

RE: Comment by lurch_mojoff
by Soulbender on Mon 9th Mar 2009 09:16 in reply to "Comment by lurch_mojoff"
Soulbender Member since:
2005-08-18

Why would a sticker on the box make you consider it an "upgrade" version, but a clause in the EULA won't?


Because the sticker is clearly visible prior to purchase while the EULA is not. Therefore, the customer is fully aware of the limitations and the "upgrade" limitation is not a post-sale restriction.

Reply Parent Score: 5

lurch_mojoff Member since:
2007-05-12

That's a fair point, but the presence of something "clearly visible prior to purchase" is not what makes an upgrade version and upgrade version. Rather, it's the respective clause in the respective EULA. The sticker is just what helps buyers distinguish between the different versions of the product on the shelf.

Reply Parent Score: 2

RE[2]: Comment by lurch_mojoff
by rhavyn on Mon 9th Mar 2009 16:41 in reply to "RE: Comment by lurch_mojoff"
rhavyn Member since:
2005-07-06

"Why would a sticker on the box make you consider it an "upgrade" version, but a clause in the EULA won't?


Because the sticker is clearly visible prior to purchase while the EULA is not. Therefore, the customer is fully aware of the limitations and the "upgrade" limitation is not a post-sale restriction.
"

You realize that the outside of the box says you need an Apple Macintosh computer to install OS X, right? If labeling on the outside of the box is the hurdle to convince you Psystar is in the wrong, Apple already met it.

Reply Parent Score: 2

RE: Comment by lurch_mojoff
by sagum on Mon 9th Mar 2009 15:54 in reply to "Comment by lurch_mojoff"
sagum Member since:
2006-01-23

I have a question here.
"...Or it might be labelled as upgrade only.

Why would a sticker on the box make you consider it an "upgrade" version, but a clause in the EULA won't? What is the difference? What are the legal, or at least moral, grounds on which that makes sense?
"

Generally, like the article said, an 'Upgrade' version checks for previous installations of the software.

If you've got software already installed, then you've already agreed to an ELUA, and that is what the article is trying to simplify the fact of.

Reply Parent Score: 1