So the best possible outcome of this escapade would be to legally end EULAs which would be a great thing. Some EULAs go so far as to disallow you to resell the software or to post negative reviews or performance information about the software. It would be great to finally have a legal judgement declaring EULAs 100% non-binding.
Unfortunately I doubt these people or their lawyers are skilled enough to win this one.
I doubt EULAs will ever be 100% non-binding, but it would at least be nice to have some sort of legal standard according to which it is possible to determine whether individual clauses are void.
Yeah, key topic, I vote we all donate to some sort of fund to build an island on which Psystar, the Opera guys and SCO can go to live. Preferably with no outward internet.
"So the best possible outcome of this escapade would be to legally end EULAs which would be a great thing. Some EULAs go so far as to disallow you to resell the software or to post negative reviews or performance information about the software."
1. That won't happen
2. This case is about many thing, but EULAs are actually pretty low down on the list
3. Just because a clause is in an EULA, it doesn't mean it's enforceable. Individual terms can be deemed unfair and not enforeable.
EULA is another name for terms and conditions. Everything comes with T&Cs, some with clauses which will be unfair but never tested in court. Imagine a world where T&C's were banned - not going to happen is it?
This is not a major case. It's just one company sueing another for losses. It happens all the time.
Has anyone ever read one? Seeing some of the comments here makes me think I've broken at least a handful of the terms.
Reminds me of an old Onion story about an unassuming middle class man who unleashed a devastating virus upon the world's PCs, on investigation it turned out it was triggered by clicking "No, I do not agree" on a EULA.
"What is the current position on the running of OSX on non-Apple hardware, both legally and technically?"
OS X runs just fine on non-Apple hardware, although it's against the terms of the EULA. Apple tends to be pretty relaxed about this sort of thing (although don't expect any technical support from them, obviously). Selling a Hackintosh with OS X installed is an entirely different matter, of course. Expect a letter from Apple Legal if you do this.
If only Pystar could make money out of news stories and flame wars - then they would have a great business plan. As it is, they are doom to die horribly.
If you buy OS X and hack to run on a homegrown box, Apple doesn't really care. You bought OS X for $129 (or $29 this time around, yay!), which they wouldn't have gotten otherwise. You probably got it to tinker around with, test drive, poke around here and there ... remember, Woz and Jobs started off selling to hobbyists. They're cool with it, but don't, of course, expect much help from customer support or a genius bar.
Now, if you do that and start reselling the computers, then they got issues. Their cost of doing business will escalate as people call in for support. Their reputation drops as the quality is iffy, and Apple has built their reputation for quality goods; it's a large part of what keeps them profitable even in this consumer market. And the people you're selling to are far more likely to be people who would buy a Mac, thus cutting under their profit. And just how much are you returning to Apple for each copy of OS X sold?
Different cases. One is being a hobbyist, the other is using the OS in a way that is against the EULA and undermines Apple's business.(And this from a pro-business libertarian, I'll have you know.)
While the lawyers may discover the "scorching heat" during the discovery phase, they will enjoy average temperatures of 70°F (21°C) during the trial phase in January.
Attorneys may be troglodytes unable to appreciate subtleties such as "weather", but I welcome them to the peninsula just the same. Spend up that Cupertino money while you're here.
Accusations that Psystar is being bankrolled by a third party with ulterior motives seem flimsy with the timing of recent events. Best of luck to psystar. You may not win, but hopefully your actions will encourage others to read EULAs before they purchase an — overlord, sorry, OS.
Apple 13.3" MacBook Pro Notebook (2.26GHz Intel Core 2 Duo Mobile, 2GB DDR3, 160GB HDD, DVD±RW DL, Mac OS X v10.5 Leopard, 13.3" LCD)
Apple MacBook Notebook (2.4GHz Intel Core 2 Duo Mobile, 2GB DDR3, 250GB HDD, DVD±RW DL, Mac OS X v10.6 Snow Leopard, 13.3" LCD)
Apple iMac All-In-One Desktop (3.06GHz Intel Core 2 Duo, 4GB DDR2, 1TB, DVD+-RW DL, Mac OS X v10.5 Snow Leopard, 27" LCD)
Apple iMac All-In-One Desktop (3.06GHz Intel Core 2 Duo, 4GB DDR2, 500GB, DVD+-RW DL, Mac OS X v10.5 Snow Leopard, 21.5" LCD)
Apple 13.3" MacBook Air Notebook (1.6GHz Intel Core 2 Duo Mobile, 2GB DDR3, 120GB HDD, Mac OS X v10.5 Leopard, 13.3" LCD)
Hackintosher emerges from bankruptcy
Anonymous Coward
Escape plans? #
Posted Tuesday 11th August 2009 23:40 GMT
I note the hacking-tosser has expanded to Guatemala. Are they planning to relocate there in hopes of avoiding legalities?
Please keep us updated with how many people actually show up to support them. Maybe other popular folks like the SCO execs can put in an appearance.
Mad Hacker
Too bad they are probably inept #
Posted Wednesday 12th August 2009 07:47 GMT
So the best possible outcome of this escapade would be to legally end EULAs which would be a great thing. Some EULAs go so far as to disallow you to resell the software or to post negative reviews or performance information about the software. It would be great to finally have a legal judgement declaring EULAs 100% non-binding.
Unfortunately I doubt these people or their lawyers are skilled enough to win this one.
Anonymous Coward
Bottom feeders #
Posted Wednesday 12th August 2009 07:47 GMT
Cue predictable outrage from entitletards.
Anonymous Coward
cue predictable #
Posted Wednesday 12th August 2009 09:02 GMT
comments from peoplewhothinkitsfunnytoputtardsafterawordtards.
Anonymous Coward
Where are we now? #
Posted Wednesday 12th August 2009 09:02 GMT
What is the current position on the running of OSX on non-Apple hardware, both legally and technically?
Anonymous Coward
@Bottom Feeders #
Posted Wednesday 12th August 2009 09:02 GMT
What's your name Andrewtard Orlowskitard?
Thomas 18
You can buy our car... #
Posted Wednesday 12th August 2009 09:02 GMT
but if you lift the bonnet we are going to arrest you.
ThomH
@Mad Hacker #
Posted Wednesday 12th August 2009 09:02 GMT
I doubt EULAs will ever be 100% non-binding, but it would at least be nice to have some sort of legal standard according to which it is possible to determine whether individual clauses are void.
Yeah, key topic, I vote we all donate to some sort of fund to build an island on which Psystar, the Opera guys and SCO can go to live. Preferably with no outward internet.
Anonymous Coward
Not a big deal #
Posted Wednesday 12th August 2009 09:57 GMT
"So the best possible outcome of this escapade would be to legally end EULAs which would be a great thing. Some EULAs go so far as to disallow you to resell the software or to post negative reviews or performance information about the software."
1. That won't happen
2. This case is about many thing, but EULAs are actually pretty low down on the list
3. Just because a clause is in an EULA, it doesn't mean it's enforceable. Individual terms can be deemed unfair and not enforeable.
EULA is another name for terms and conditions. Everything comes with T&Cs, some with clauses which will be unfair but never tested in court. Imagine a world where T&C's were banned - not going to happen is it?
This is not a major case. It's just one company sueing another for losses. It happens all the time.
Anonymous Coward
EULAs... #
Posted Wednesday 12th August 2009 11:29 GMT
Has anyone ever read one? Seeing some of the comments here makes me think I've broken at least a handful of the terms.
Reminds me of an old Onion story about an unassuming middle class man who unleashed a devastating virus upon the world's PCs, on investigation it turned out it was triggered by clicking "No, I do not agree" on a EULA.
AC for obvious reasons.
Anonymous Coward
EULAs...has anyone ever read one? #
Posted Wednesday 12th August 2009 11:48 GMT
Hey, I may be a married'w'kids, Appletard, but even I have a life!
Anonymous Coward
OS X on non-supported hardware #
Posted Wednesday 12th August 2009 11:54 GMT
"What is the current position on the running of OSX on non-Apple hardware, both legally and technically?"
OS X runs just fine on non-Apple hardware, although it's against the terms of the EULA. Apple tends to be pretty relaxed about this sort of thing (although don't expect any technical support from them, obviously). Selling a Hackintosh with OS X installed is an entirely different matter, of course. Expect a letter from Apple Legal if you do this.
steogede
If only... #
Posted Wednesday 12th August 2009 13:17 GMT
If only Pystar could make money out of news stories and flame wars - then they would have a great business plan. As it is, they are doom to die horribly.
Richard 102
Think about it #
Posted Wednesday 12th August 2009 13:17 GMT
If you buy OS X and hack to run on a homegrown box, Apple doesn't really care. You bought OS X for $129 (or $29 this time around, yay!), which they wouldn't have gotten otherwise. You probably got it to tinker around with, test drive, poke around here and there ... remember, Woz and Jobs started off selling to hobbyists. They're cool with it, but don't, of course, expect much help from customer support or a genius bar.
Now, if you do that and start reselling the computers, then they got issues. Their cost of doing business will escalate as people call in for support. Their reputation drops as the quality is iffy, and Apple has built their reputation for quality goods; it's a large part of what keeps them profitable even in this consumer market. And the people you're selling to are far more likely to be people who would buy a Mac, thus cutting under their profit. And just how much are you returning to Apple for each copy of OS X sold?
Different cases. One is being a hobbyist, the other is using the OS in a way that is against the EULA and undermines Apple's business.(And this from a pro-business libertarian, I'll have you know.)
Matthew 2
FL Heat #
Posted Wednesday 12th August 2009 14:33 GMT
While the lawyers may discover the "scorching heat" during the discovery phase, they will enjoy average temperatures of 70°F (21°C) during the trial phase in January.
Attorneys may be troglodytes unable to appreciate subtleties such as "weather", but I welcome them to the peninsula just the same. Spend up that Cupertino money while you're here.
Accusations that Psystar is being bankrolled by a third party with ulterior motives seem flimsy with the timing of recent events. Best of luck to psystar. You may not win, but hopefully your actions will encourage others to read EULAs before they purchase an — overlord, sorry, OS.