Linked by Thom Holwerda on Wed 20th May 2009 13:27 UTC
Hardware, Embedded Systems Hot on the heels of the Russians, we have another clone maker popping up, this time in fish & chips country: Freedom PC. "Powerful and versatile, environmentally friendly yet inexpensive computer systems compatible with any and all of the main operating systems: Mac OS X, Linux or Windows. So YOU can decide which one to use for what YOU want to do. And we give you a choice of models, too - from the low priced and good looking office machine, the ideal choice for business, to the high powered, sleek, gaming media centre. All, with the operating system of your choice pre-installed - or none at all - at prices accessible to all." They offer various models pre-installed with Windows, Linux, or Mac OS X.
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RE[5]: Comment by darknexus
by kaiwai on Thu 21st May 2009 06:35 UTC in reply to "RE[4]: Comment by darknexus"
kaiwai
Member since:
2005-07-06

I would suggest that each of the cases that you listed above would have to be looked at separately. While they may seem similar on the surface in that they all limit what you can do with the software after you buy it, there are also some very different circumstances to consider in all the above cases.

So any decision made in regards to not allowing a user to install a legitimately purchased, complete copy of Mac OS X on non Apple branded hardware would not be a precedent to throw out the rest of the EULA however similar they may seem on the surface. The other circumstances specific to each clause must be considered as well. Throwing out all such clauses because fault is found in one would be throwing the baby out with the bath water.

I'm not going to argue one way or another on what is acceptable, that is for a judge to decide. But I would prefer to make it crystal clear that all of these issues are separate and the only issue being decided in the Apple vs. Psystar case is whether or not is acceptable to install a legally purchased, complete version of Mac OS X on non Apple hardware and then resell it. Bring up anything else is just a strawman argument.


Who said anything about throwing out the 'baby with the bath water' - you need to take a reading class because I specifically bought up two scenarios which are exactly the same as restricting what hardware one can load the software onto. How is upgrades and academic licence restrictions ANY DIFFERENT to restricting what hardware someone can load Mac OS X onto? either put up or shut up.

As for your quip of "Bring up anything else is just a strawman argument" is a load of bullcrap - you're simply stating that because you don't want to address the issue, line by line, subject by subject, statement by statement. You want to be able to scream to high heavens with none of your content being dare questioned. What is worse is your pathetic strawman argument claiming that people like me want to do away with EULA and yet provide NO EVIDENCE to prove it.

This isn't a separate issue; everything is linked and related to everything else; you may like to have an isolated one track mind by the world doesn't operate like your mind does; one event acts as a precedent to another action, one judgement is used as a precedent to another - stop living in this lalala land where there are no repocusions by decisions and actions of others; that everything some how occur in isolation.

Edited 2009-05-21 06:38 UTC

Reply Parent Score: 1

RE[6]: Comment by darknexus
by Thom_Holwerda on Thu 21st May 2009 06:57 in reply to "RE[5]: Comment by darknexus"
Thom_Holwerda Member since:
2005-06-29

Upgrade license cases might indeed be similar to Apple's hardware restriction clause - but that doesn't invalidate in any way the assertion that Apple's clause is unlawful. I don't think that was your point, Kaiwai, but I can see how others might thinks it was.

And in that case, it most certainly would be a strawman. No matter how overused and bland that term has become ;) .

Reply Parent Score: 1

RE[6]: Comment by darknexus
by Gunderwo on Thu 21st May 2009 07:11 in reply to "RE[5]: Comment by darknexus"
Gunderwo Member since:
2006-01-03

Calm down buddy. Maybe you should look a little deeper before you start getting all worked up. But seeing as how you're a little too jumpy for that allow me to explain in more detail.

Student Copies: Student copies are sold as such. The box clearly states that the copy is for students only and then there is generally some sort of documentation indicating what constitutes a student. Hence student copies aren't determined by some clause in a EULA, the box itself tells you you must be a student to use it. Also, In order to determine the legality of charging a different amount of money to different people the courts would have to decide if there are any sort of constitutional rights being violated by segmenting a market by your educational status. Precedents such as charging different amounts for seniors or children may be brought up. All the above are unique circumstances to the case of selling student copies.

Upgrade copies: One would need to ask how is the software determining that there is an existing installation. Is it using software detection? Has a user done something to circumvent or fake an old copy? Is altering software to satisfy the condition acceptable? See a whole another *SEPARATE* set of circumstances.

So yes these 2 arguments you have brought forth are not *EXACTLY* the same. I have just listed several circumstances that are different for both and I likely have only scratched the surface. So yes, if you would like to believe that because one clause in the EULA being overturned would also mean that other similar clauses will be null and void then you are "throwing the baby out with the bath water." And trying to bring up these other similar but not exactly the same examples is making a straw man argument because those cases really have nothing to do with the case that is being discussed.

Sorry I wasn't clear enough Kawai, you generally seem to be pretty good at thinking things through but apparently you're a little off tonight because to anyone with a modicum of logic would understand that these are not identical cases.

Edited 2009-05-21 07:15 UTC

Reply Parent Score: 3