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atszyman

macrumors 68020
Sep 16, 2003
2,437
16
The Dallas 'burbs
i guess it's safe to say that if you have to debate whether something is illegal or not, it's more than likely illegal.

however it just makes me a little upset that if i personally built a pieced together, part by part, mac pro in my own tower, with the same parts as the mac pro, it would be illegal to use it with OS X

oh well,

so much for DIY

If you built it with the same parts as a Mac Pro I'd bet it costs quite a bit more than a Mac Pro since you'd have to by the MB from Apple (I'm guessing their not cheap) along with the case and other bits that Apple is the exclusive vendor for. You could get the HD, RAM, and Video card from 3rd parties, and while you'd save a bit on the RAM, my guess would be that the premiums paid to get the MB along with forgoing the discounts Apple would not be offset by this savings which you can also achieve by buying with the minimum amount of RAM and buying 3rd party for expansion.

Not to mention that it would probably be legal at that point since the case MB and some other bits would be "Apple Labeled."
 

cathul

macrumors member
May 5, 2008
60
0
Has anyone challenged Apple's AGB? Do you have links to prove your claim?

I'm not saying you're wrong - I'm asking for something more than an anonymous poster on Teh Internets™.

No, not Apple, but Microsoft.

Germans Federal Supreme Court made judgement in 2000 that Microsoft isn't allowed to sell their OEM versions of Windows with bundled hardware only as stated in their EULA at that time.
As a result everybody could buy an OEM version of windows no matter if they also bought the corresponding hardware or not.

BGH, Urteil v. 06.07.2000, Az. I ZR 244/97, CuR 2000, 651 (OEM-Urteil)
(this is the file number of the german federal supreme court).

According to this judgement lawyers in germany say that every part of an EULA that limits your end users rights unilaterally after you bought the subject (no matter if software or another good) is void.

I guess in the USA you would call this file a test case for EULA enforment, not?
 

RedTomato

macrumors 601
Mar 4, 2005
4,155
442
.. London ..
i guess it's safe to say that if you have to debate whether something is illegal or not, it's more than likely illegal

No. There are many things in life that require close inspection and debate as to whether they are legal or illegal.

Checking if a proposed building meets building codes is a remarkably complex thing, for one example. Another is filling in your taxes. There's much debate over where certain things fall on the scale of legality.

Many things in civil (not criminal) law are also unclear. Some countries do not allow the sale to the public of breath-alcohol analysers, meaning that it is difficult to know if you are over the driving limit or not.

There is an arguement that governments actively do not want laws that are too clear - it is useful to have the population in a permanent state of confusion over where exactly the line is. Especially with regard to things like protesting, and standing up to the police / civil authorities.

Life is complicated :)
 
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