What Is the Issue in the Psystar Case?
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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RE: Comment by lurch_mojoff
by Soulbender on Mon 9th Mar 2009 09:16 UTC 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

Soulbender Member since:
2005-08-18

The point is that its only valid if the customer can tell that difference prior to purchase. The EULA is usually not shown when you purchase the product.

Reply Parent Score: 2

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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

Thom_Holwerda Member since:
2005-06-29

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.


Yes, and that game I bought for my PC tells me I need Windows in order to play the game. Does that mean I'm not allowed to install it under WINE?

What you are referring to are the system requirements. They have absolutely NOTHING to do with the EULA.

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gcbirzan Member since:
2009-03-09

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.


So if I buy a mouse whose label says I need Microsoft Windows XP or newer for it to work, am I not allowed to use it on anything else? Mindboggling, as this is effectively tying, since a company is forcing me to use the products of another company to use theirs.

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