Linked by Thom Holwerda on Wed 13th May 2009 09:53 UTC
Two weekends ago, Apple accused Psystar of withholding information in the ongoing lawsuit between the two companies, and the Cupertino company asked the judge to order Psystar to reveal said information. Psystar replied, explaining that some documents simply did not exist, and some were lost during a move of offices. Apparently, judge Alsup wasn't impressed with the defence, and sided with Apple.
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RE: This is not about Apple, but about EULAs
by Bobthearch on Thu 14th May 2009 05:15
in reply to "This is not about Apple, but about EULAs"
Member since:2006-01-27
An EULA is NOT the same things as a signed contract, and any portions of the EULA that counter current laws are not binding.
Does Apple have the legal right to restrict which hardware it's software products can be installed on?
Now that is the crux of the issue, and IMO Apple has no such right.
RE[2]: This is not about Apple, but about EULAs
by ssa2204 on Thu 14th May 2009 08:11
in reply to "RE: This is not about Apple, but about EULAs"
Member since:2006-04-22
An EULA is NOT the same things as a signed contract, and any portions of the EULA that counter current laws are not binding.
Does Apple have the legal right to restrict which hardware it's software products can be installed on?
Now that is the crux of the issue, and IMO Apple has no such right.
Does Apple have the legal right to restrict which hardware it's software products can be installed on?
Now that is the crux of the issue, and IMO Apple has no such right.
And Apple also has the right to NOT sell the OS. Think about it. They also have the right to put in some draconian security measures in the future to insure that OSX can only be installed on Apple hardware. Now who wins then? I am by no means an Apple user, and I certainly do have some strong opinions regarding Apple and OSX. But the fact is Pystar is just a leech of a company, hoping to build a business model off of another company's work. Pystar does have the right to innovate for themselves, find their own product, and market that.
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Member since:
2006-10-11
And this is the crux of the matter. Pystar are using a RETAIL product as though it is an OEM product because is is priced like an OEM product [...] "
Good Lord, Apple and pricing are completely contingent factors in this issue -- the crux of the matter is if a party of a contract is allowed to unilaterally change the beforehand agreed upon conditions of a contract by positing a post-agreement addendum to the contract.
The seriousness of this issue obviously stretches far beyond any single agent or product, so forget Apple and OS X and look at the issue at hand..