Linked by Thom Holwerda on Mon 5th Oct 2009 21:45 UTC, submitted by JayDee
Hardware, Embedded Systems Just when you thought you saw it all. So, we all know about Psystar, the two lawsuits between them and Apple, and all the other stuff that's been regurgitated about ten million times on OSNews alone. Well, that little company has taken its business to the next level - by announcing an OEM licensing program.
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RE[6]: Oh no..
by wirespot on Wed 7th Oct 2009 07:22 UTC in reply to "RE[5]: Oh no.."
wirespot
Member since:
2006-06-21

I don't think you understand copywrite law nor this case.


That's a laugh.

OK, how about we turn over to someone who analysed the premise of this case carefully?
http://www.groklaw.net/article.php?story=2009081716312060

It even refers to a relevant case. And no, it's not the one most people around here seem to refer to (Vernor vs Autodesk). Why? Read the article to find out why.

MDY vs Blizzard has everything I keep saying Psystar vs Apple has. It has DMCA. It has copyright law. But noo, what do I know, I'm "ignorant and indoctrinated", to quote Thom.

Get it through your thick heads: EULAs used to be solely about click-through shrink-wrap contracts, yes. But the companies got smarter. They've pulled in copyright and DMCA. Software that is no longer sold but licensed. This changes things. How: we'll see when Apple vs Psystar is over. In the meantime, MDY vs Blizzard should give you and idea.

Reply Parent Score: 2

RE[7]: Oh no..
by Laurence on Wed 7th Oct 2009 07:44 in reply to "RE[6]: Oh no.."
Laurence Member since:
2007-03-26

That's a laugh.

OK, how about we turn over to someone who analysed the premise of this case carefully?
http://www.groklaw.net/article.php?story=2009081716312060

It even refers to a relevant case. And no, it's not the one most people around here seem to refer to (Vernor vs Autodesk). Why? Read the article to find out why.

MDY vs Blizzard has everything I keep saying Psystar vs Apple has. It has DMCA. It has copyright law. But noo, what do I know, I'm "ignorant and indoctrinated", to quote Thom.

Get it through your thick heads: EULAs used to be solely about click-through shrink-wrap contracts, yes. But the companies got smarter. They've pulled in copyright and DMCA. Software that is no longer sold but licensed. This changes things. How: we'll see when Apple vs Psystar is over. In the meantime, MDY vs Blizzard should give you and idea.


WoW is a subscription based purchase rather than a one off payment such as OS X. Thus Blizzard can dictate additional contractual agreements users have to agree to prior to purchase but Apple can't.

So I don't see those cases as "identical" as you or the article suggests.

But I will have another - more in depth - read through in case my initial analysis was unfair.

However, the fact still remains that (as far as I've seen published) there have been more case studies one in court defending Psystar than there have been defending Apple.

But like a lot of legal Proceedings based on legal grey areas - the only reliable case study will be the outcome of that specific case itself.

Reply Parent Score: 2

RE[7]: Oh no..
by alcibiades on Sat 10th Oct 2009 17:35 in reply to "RE[6]: Oh no.."
alcibiades Member since:
2005-10-12

The issue between the two cases is this.

In the case of Psystar, what is being argued against is that the owner of a copy, or Psystar as his agent, performed an installation. In doing so they made copies. However, they were granted the right to make those copies under Title 17 S117 because it was essential to make those copies to use the software of which they owned a copy with a machine.

In no way can it be argued that it is necessary to install Glider to use the Warcraft packages with a machine. So the essential difference is that the conduct of a Hackintosher is protected under copyright law, and is thus not a copyright violation.

This means that even if you get sued for installing OSX on the 'wrong' kind of machine, you will get sued for breaking a civil contract, not for violation of copyright law. Which is much, much more serious and a criminal not simply civil matter.

Reply Parent Score: 2