Apple's worldwide markketshare is a rounding error so it doesnt matter if they support atom or not. Windows supports and that's the deciding factor; Apple doesnt own the PC market Microsoft does
Apple's worldwide markketshare is a rounding error so it doesnt matter if they support atom or not. Windows supports and that's the deciding factor; Apple doesnt own the PC market Microsoft does
This seems in-line with the way Apple keeps disabling Pre synching in iTunes.
I feel vaguely concerned by this, but I guess Apple's within their rights to stamp out pirates. Running Mac OS on non-Apple hardware strikes at the heart of Apple's business model, so I guess they can't just ingore it.
IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLES RETURN POLICY FOUND AT http://www.apple.com/legal/ sales_policies/.http://www.apple.com/legal/sales_policies/
You have a legal right to a refund if you do not agree to the license in the US.
That is not what fair use means. Fair use deals with copies made for "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."
http://www.copyright.gov/title17/92chap1.html#107
That's a whole different matter, because punishment is relative to many circumstances. There are many things involved, like if you did it because you did not know, or you did it o purpose, and if it is civic or criminal matter, or many, many things.
But, there are two things that it is important to bear in mind:
1. How easy or how difficult it is to break the law does not make it legal.
If you put a hundred locks in your front door or if you put ten locks, it does not matter. If a burglar breaks in it, it has to be punished. Even if you left the door opened.
2. The enforcement of the law and the law are two different matters.
Just the fact, that is very expensive, or practically impossible to catch you, it does not make you innocent.
Well, if by lock, you mean something to prevent operation, it is legal to open it. Sega v. Accolade. If the lock qualifies for DMCA protection, then it would be illegal.
My bold.
So its ok for apple to synthetically limit their software because it costs less than windows? Argument makes no sense.
People are installing retail osx discs onto their pcs, not the restore discs, which would be more akin to the oem license of windows (close enough).
Apple's EULA violates Fair Use: An end-user's right to use a copyrighted product in any non-infringing, non-brand-damaging way.
The thing is, it is exactly the same EULA idea. You cannot install this OEM license in other machine that is not these one. (Although you might, but illegally.)
You cannot install this Mac OS X on other machine that is not Apple. (Although you might but illegally).
So, what Apple does restricting Mac OS X on Apple hardware, has being done in the Windows industry for years with OEM licenses, which are the majority of licenses Microsoft sells.
Heard of any case where someone returning MacOS X after disagreeing with the license didn't get a refund?
From the same link:
Note that, as an exception, you may return Apple branded software within the 14-day return period, and not be subject to a restocking fee, if you do not agree to the licensing terms, provided you do not retain any copies, including copies stored on a computer or other device. However, if your software includes a license that you can read before you break the seal or sticker on the software media packaging, you may not return the software once you break the software media packaging seal or sticker.
It says "return", not "exchange", so I assume you get your money back.
This is called "tying" and it has questionable legality, particularly in European Union countries. If an EULA contains illegal clauses such as this, it makes it legally invalid.
If, in violation of a EULA or SLA, you install that bit of software, you have committed copyright infringement.
That is not what fair use means. Fair use deals with copies made for "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."
http://www.copyright.gov/title17/92chap1.html#107
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Sort of, but your knowledge of Windows OEM licensing is a little off. Windows OEM licenses actually have two EULAs, one for the seller and one for the purchaser.So, what Apple does restricting Mac OS X on Apple hardware, has being done in the Windows industry for years with OEM licenses, which are the majority of licenses Microsoft sells.
This seems in-line with the way Apple keeps disabling Pre synching in iTunes.
I feel vaguely concerned by this, but I guess Apple's within their rights to stamp out pirates. Running Mac OS on non-Apple hardware strikes at the heart of Apple's business model, so I guess they can't just ignore it.
I paid for it. Clive at Five, pleased to meet you.
I grow tired of this whole "Apple is evil for only letting me put OS X on Apple branded hardware" argument.
- You can only play XBox 360 games on an XBox 360. How is that fair but allowing OS X only on Apple hardware unfair?
- You can only play PS3 games on a PS3. How is that fair but allowing OS X only on Apple hardware unfair?
- You can only play Wii games on a Wii. How is that fair but allowing OS X only on Apple hardware unfair?
- You can only play N64 games on a N64. How is that fair but allowing OS X only on Apple hardware unfair?
- You can only play blu-ray discs in a blu-ray licensed player. How is that fair but allowing OS X only on Apple hardware unfair?
- This list can go on and on forever
This thread is VERY funny because the justifications people come up with for why the EULA doesn't apply to them are insane. I bet some of you could convince yourselves that you are superman if you tried hard enough. Pathetic.
First the EULA are not contracts!
Nope clicking through a bunch of garbage implies nothing.
And you see that as legally binding? The fact is nothing is negotiated and no exchange or barter took place so there is no contract.
Show me where there is a LEGALLY binding contract. The problem is EULA are contracts in the way most states or the federal government would define them. Even if they where to be some how considered legal as a concept you still have documents that would be declared illegal anyways due to their content.
The reality is companies are loosing right and left with respect to these so called EULA. The latest is Autodesk a huge company that sunk a lot of money into trying to prevent resale of it's software. Look it up if you want, the decision came down a few months ago. Like wise the record companies lost one last year with respect to the resale of CDs. The right of first sale has been established for a very long time and can not be taken away with a simple EULA. That is only one component of an EULA that creates legal trouble for companies.
Then look at Apples attack on Pystar. They have pretty much ignored their own EULA and have instead tried to twist copyright law to their favor. Why? Well maybe they fear the judge taking the EULA to the outhouse and whipping his ass with it.
Respecting contracts is fair and accepted, when both parties agree to the the fair and legal terms. This is not at all what we are talking about here. It is obvious that the EULA are not legal and clicking a button or opening a shrink wrapped package is not agreeing to any thing. The obvious problem with the shrinked wrapped EULA agreement is that you can't even read the thing with out agreeing to it. In any event I be interested in any law or fragment of law that validates this idea that a contract can be agreed to by clicking on a button.
Dave
If you think you are the majority, you are insane. If you think the thousands upon thousands who have downloaded the OSx86 torrents all purchased copies, I have a bridge to sell you in New York.
Originally Posted by hitekalex
This is called "tying" and it has questionable legality, particularly in European Union countries. If an EULA contains illegal clauses such as this, it makes it legally invalid.
Absolute garbage - show me the evidence that this is the case otherwise you are just spouting rubbish.
Absolute garbage - show me the evidence that this is the case otherwise you are just spouting rubbish.
That's not the point. Law enforcement and law are two different matters. Difficulties in catching you, or even the impossibility, does not make an act legal.
What about the protection encryption you have to violate in oder to use int on non-Apple hardware? It is the same principle on DVDs, Playstations, and so on.
Tell me how can you circumvent the encryption keys without making it piracy?
It is a terrible sample. Because, even as crazy as it might seem to you. This laws, where you can force people only to buy a car and drive it only on a determined territory is used in many countries around the world.
I believe you are just trying to justify your Hackintosh, however, repeating yourself over and over "I am not making something wrong" does not change facts.