apfhex said:
You think so?
All retail versions of any Mac OS (both before and after Mac OS X was released) are classified as upgrades. The fact that you don't need to have an OS (at all) on your hard drive doesn't change this fact. What you are upgrading is the original OS that came on your Mac, and your Mac is your license key for running the OS.
IIRC the only version of OS X that required a previous version installed was 10.1, which was a "free" upgrade to 10.0 users. Of course you could buy a full retail version of 10.1 as well.
Which was still an upgrade to what ever OS was originally running on the system you installed 10.1 on. The fact that it didn't require a previous version on the hard drive, again, doesn't change the nature of what Apple was selling... an upgrade to the original OS that came with your Apple computer.
And there were upgrade versions (that required a previous version of Mac OS X) sold for 10.2, 10.3 and 10.4. Apple doesn't make many of these and most end up bundled with hardware that still has the previous OS. But Apple does let retailers sell Apple's over stock of these.
I'm pretty sure it's been debated whether or not some EULA's are actually legally binding. At any rate, I would say it's Fair Use to install it on non-Apple hardware if you want to for personal use, though officially it remains illegal and discussion on how to do it might not be permitted by MacRumors rules (but I'm no mod *shrugs*).
It has been... in court.
No, it is not
fair use to run Mac OS X on non-Apple hardware. Infact, it would most likely count as a violation of the Digital Millennium Act here in the US as you are breaking the license key of the software by hacking it to run on non-Apple hardware.
And Apple isn't the only company to do this... the version of Windows that comes with every PC is tied to that PC. You do not have the right to move that copy of Windows to any other hardware, even if that hardware dies and you need a new PC. The license to use that version of Windows lives and dies with the hardware it was sold with.
On this I have first hand experience (have had to deal with Microsoft's lawyers on this type of matter once). In the case of Microsoft, if they find that you have broken the license restrictions on something like this, they will sue you (for a lot of money). I heard of Apple doing the same, but so far they have not been nearly as quick to prosecute.
Of course now that we have people hacking their software (something we didn't have to worry about before), I wouldn't be surprised if they become very aggressive about this.
And the law doesn't let you rationalize. Stealing is stealing. If you are stealing a $129.00 operating system (by downloading it or installing it on non-Apple hardware), why would you thing the law would protect you any more than if you tried to walk out of an Apple Store with a boxed version of Mac OS X without paying for it?