Linked by Thom Holwerda on Thu 26th Nov 2009 21:53 UTC
Legal We've got some progress in the other legal case Apple is involved in. The California case, Apple vs. Psystar, is more or less a done deal, but the Florida case, Psystar vs. Apple, is only just beginning. As it promised it would do, Apple has now asked the court in California to either dismiss the Florida case, or transfer it to California. Apple is also asking for a permanent injuction against Psystar. Through this motion, we also gain some juicy insight into Psystar's sales projections - and more interestingly, how many machines the clone maker actually sold.
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cycoj
Member since:
2007-11-04

Sure, Apple won 1 case, but the case in Floriduh could likely go the other way, knowing Floriduh's legal system. That's probably why they want California to rule on it.

Further though, will this affect the company in Germany that was/is in the business of clones? I believe that the ruling wouldn't be so easily decided since Apple tends to work from a U.S. point of view on everything.


I think Apple will have much it more difficulty trying to stop PearPC (I think that was their name?). The validity of EULAs in Germany is very doubtful. Apart from the way of agreeing to the EULA which is highly suspect under German law, EULAs are also considered to be an "unfair" contract. Essentially they don't give the person who bought the software anything above what he could do without the EULA (installing the software is what you are allowed by law). Therefore EULAs are onesided and the law essentially says that nobody would agree to such a contract. AFAIK, software in Germany is considered sold not licensed. I think there was even a court case where MS tried to prevent the resell of OEM licences but did not succeed.

This is the reason why I thought the whole "software being sold will kill FOSS" argument (especially from PJ) was rubbish. If this was the case a lot of companies would have taken advantage of it in Germany, but instead FOSS is arguably stronger in Germany than in the US.

IANAL though, this is all what I gather from reading about the topic in Germany.


In the end, it all comes down to how much potential there is to hurt the company. Whether you like the company or not, your product could be the next to be used against your wishes. So, in a way, this is a look at how any of us might react.

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