Linked by David Adams on Mon 3rd Oct 2011 17:33 UTC, submitted by Adurbe
Legal Apple has the right to continue restricting its operating systems to its own hardware thanks to a decision handed down by the Ninth Circuit Court of Appeals on Wednesday. Circuit Judge Mary Schroeder wrote in her opinion that Apple's Mac OS X licensing agreement was indeed enforceable against Psystar, which had sold non-Mac computers with Mac OS X installed.
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RE[5]: It's their OS
by jimmy1971 on Tue 4th Oct 2011 22:35 UTC in reply to "RE[4]: It's their OS"
jimmy1971
Member since:
2009-08-27

rhavyn...if tupp is correct, that the Supreme Court has already overturned EULA's, then it is doubtful that this Appeals Court judge is the final arbiter on EULA's.

In short, it's doubtful to me that one lousy judgement by a man who wears a wig and and a gown for a living can overturn what has already been established in other cases. It can also not be said outright that EULA's rule the universe, as you seem to be saying.

I have no doubt you are accurately quoting the language of the judgement...I think you're just a little too much in awe of this one ruling.

Reply Parent Score: 1

RE[6]: It's their OS
by rhavyn on Wed 5th Oct 2011 02:27 in reply to "RE[5]: It's their OS"
rhavyn Member since:
2005-07-06

I have no doubt you are accurately quoting the language of the judgement...I think you're just a little too much in awe of this one ruling.


Why don't you go actually read the ruling and count how references to precedent are there. If you read my quote you can already see the reference to the case which created the three prong test for deciding if a copyrighted work was licensed or not. This isnt one ruling, this is all established law in the US. The only people who debate it are geeks on Internet sites. Do you honestly believe tupp is accurate and that an appeals court judge just doesnt know copyright law? Or do you think maybe hes just actually wrong and EULAs are actually valid?

Psystar never had a shot at winning this case and there simply is no US precedent anywhere that indicates that, on their face, EULAs are invalid. If you want to assert otherwise, post a link to an appeals court judgment showing it.

Reply Parent Score: 2