Linked by Thom Holwerda on Wed 8th Sep 2010 22:09 UTC
Hardware, Embedded Systems There's this hole here at OSNews, a hole left when Psystar was dealt a devastating blow by Apple's legal team. That whole saga provided a nice steady stream of news articles that's been dried up for a while. However, Psystar was not the only clone maker out there - what happened to Quo Computer, that clone maker with an actual real-world store front? They're still here, and just launched a new product.
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RE[3]: Good luck...
by tupp on Thu 9th Sep 2010 06:06 UTC in reply to "RE[2]: Good luck..."
tupp
Member since:
2006-11-12

Except that Apple sells OS X only for Apple customers that have bought Apple products.

That point is irrelevant. Anyone buying a boxed version of OSX is an Apple customer.

Furthermore, Apple sells OSX openly, and Apple sets its price.


It was never intended for clone makers to buy and users installing it on a clone are breaking the EULA.

Again, two irrelevant points.

The manufacturer's intentions are meaningless the moment the product is sold. Chevrolet never intended for it's pick-up trucks to be modified, but, nonetheless, Chevrolet can do nothing to prevent this: http://www.4x4truckstrailers.com/wp-content/uploads/2009/04/jacked-... The person who bought the truck is free to do with it as he/she sees fit.

Also, an EULA is just a declaration by the manufacturer. No part of an EULA is law, and, often, provisions in EULAs are ruled invalid.


I know, I know, big whoop right? Some people do obey laws I guess...

Please name the government statute that one is violating by installing OSX on a non-Apple computer.


And even if Apple gets the money for the OS X disc they are still possibly losing money on the sell of an actual Apple Mac.

Apple sets the price for the retail box. If Apples sets it too low, who's fault is that?

Secondly, How could Apple be losing money by selling extra copies of OSX?

Reply Parent Score: 5

RE[4]: Good luck...
by NeoX on Thu 9th Sep 2010 19:49 in reply to "RE[3]: Good luck..."
NeoX Member since:
2006-02-19


That point is irrelevant. Anyone buying a boxed version of OSX is an Apple customer.

Furthermore, Apple sells OSX openly, and Apple sets its price.


No it is not irrelevant. Sorry for not being clearer, but I meant that Apple sells OS X for APPLE MAC CUSTOMERS. It is in the EULA that you are only to install it on a genuine Apple Macintosh Computer.


The manufacturer's intentions are meaningless the moment the product is sold. Chevrolet never intended for it's pick-up trucks to be modified, but, nonetheless, Chevrolet can do nothing to prevent this: http://www.4x4truckstrailers.com/wp-content/uploads/2009/04/jacked-... The person who bought the truck is free to do with it as he/she sees fit.

Also, an EULA is just a declaration by the manufacturer. No part of an EULA is law, and, often, provisions in EULAs are ruled invalid.

No your example is totally irrelevant. You are comparing a vehicle to a computer and or software. Hardly the same thing. Apple has a right to say who can and cannot use their software and on what hardware they can install it on. If you don't like it you don't have to buy it.


Please name the government statute that one is violating by installing OSX on a non-Apple computer.


Sorry, LAW was the wrong word. More like contract. An EULA is a contract between parties and as much as I think they suck, that does not make it invalid.


Apple sets the price for the retail box. If Apples sets it too low, who's fault is that?

Secondly, How could Apple be losing money by selling extra copies of OSX?


You missed my point entirely. By selling only the OS X disc to someone that is buying a clone, they are POSSIBLY losing the sale of a Mac to go with it. Without clones you would have to buy a Mac if you wanted to run OS X.

Reply Parent Score: 1

RE[5]: Good luck...
by Thom_Holwerda on Thu 9th Sep 2010 19:59 in reply to "RE[4]: Good luck..."
Thom_Holwerda Member since:
2005-06-29

If you don't like it you don't have to buy it.


Wrong. If they don't want me installing it on a non-Apple labelled PC, then THEY should not sell it to me.

Reply Parent Score: 3

RE[5]: Good luck...
by pbassjunk on Fri 10th Sep 2010 19:20 in reply to "RE[4]: Good luck..."
pbassjunk Member since:
2009-09-20

No, the example is completely sound. Whether you are buying a truck or a piece of software/hardware, you are entering into a financial transaction between 2 or more parties which has any number government-backed guarantees (and any derivative transactions): resale, reasonable expectation of performance/usage, minimal warranty, etc.

When you purchase a copy of OSX (I've personally purchased 4 - all for the same computer.. long story), whether or not Apple could possibly lose a hardware sale is irrelevant. Sure, they could be 'missing out' on a sale of an iMac/Pro to someone who would buy a Quo/Psystar, but that doesn't invalidate my transaction buying OSX, nor does it validate a lost sale to Apple.

I own a PC. I also own a Hyundai Tucson. I prefer OSX to Windows. I also prefer the sound I get from a Ford car CD player. I buy OSX from the local comp shop. I also buy a Ford CD player from a local car shop...

Hyundai can't stop me from installing that Ford player in my Hyundai car. Ford can't stop me from installing it in my non-Ford car. The same goes for OSX. Just because it's not a physical product doesn't diminish the rights of the purchaser.

Additionally, buying only a Ford CD player doesn't mean Ford lost a sale of a car. The only thing you can assert is that Ford sold a CD player. Suppose I prefer an Apple wireless keyboard (another readily available Apple product to anyone who wants to $$$ it) over Logitech or Microsoft and want to use it with Windows.. this also doesn't mean Apple missed out on a sale of a Mac.

*lost revenue from a lost sale is simple accounting CYA hyperbole to explain away almost anything a shareholder or board wouldn't like hearing. Buying a Hyundai after test driving a Ford doesn't mean Ford lost that sale, even though accounting would want you to believe it. No transaction ever occurred. The only way Ford does lose a sale is 1) after the transaction, and 2) the transaction is nullified. Again, the same situation applies to Apple*


**obviously none of this applies if you stole the car radio, you pirated OSX, or bought a GM :-) **

Reply Parent Score: 1