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People easily forget the fact that Authorized Mac Clones from Motorola nearly destroyed Apple back in the 90s.

Yeah, all that innovation that Apple seemed to lack under Gil's "leadership". I think Moto sold only a few clones - PowerComputing and Umacs sold the lion's share of the clones. I still have my Supermac C600 with a G3 card. The thing is awesome.
 
Which is exactly the same thing. So not only are they breaking the law selling this to you, they're lying about it to try to differentiate their lawbreaking from the guys who were sued.

Let's get this straight....

For the 1,00th time, they are NOT breaking a LAW. They are violating Apple's wishes as Apple has expressed them in a EULA. The EULA is a contract. Some say in invalid, unenforceable contract but in no way is it a "law". Laws are what governments write, contracts are what people and companies write.

The question about if the EULA is valid hinges on if both parties ever agreed to it. Contracts are only valid after both parties agree to be bound by it's terms. There is some question if an Apple customer has the option not to agree to a EULA. We can argue this point but if it this is a law or not.
 
Any modification of software or hardware to get OS X to run on hardware not intended to do so, is by definition a hackintosh.

People easily forget the fact that Authorized Mac Clones from Motorola nearly destroyed Apple back in the 90s.

Bogus,

In the year of 1995, the clones sold a couple of hundred thousand clones vs. 4 million Macs. Apple nearly died because it was terribly run, it had no future, and OS 7 was a crock of ****.
 
Let's get this straight....

For the 1,00th time, they are NOT breaking a LAW. They are violating Apple's wishes as Apple has expressed them in a EULA. The EULA is a contract. Some say in invalid, unenforceable contract but in no way is it a "law". Laws are what governments write, contracts are what people and companies write.

The question about if the EULA is valid hinges on if both parties ever agreed to it. Contracts are only valid after both parties agree to be bound by it's terms. There is some question if an Apple customer has the option not to agree to a EULA. We can argue this point but if it this is a law or not.

Absolutely correct. But even after both parties agreed on the contract, there still is the question whether the contract complies with applicable laws. Or in simpler words: Apple says you are not allowed to install OS X on non-Apple hardware. You agree to this. And yet, a court of law might some day decide that these terms are ILLEGAL and that you are, by all means, entitled to install OS X on whatever hardware you like.

This might not happen in the USA, but it could happen in Europe.

Other than that: If this guy sells just an EFI dongle, probably based on Open Source software, that allows the native installation of OS X Leopard, Apple can cry havoc as long as they want and cannot make this machine disappear. They can sue him for trademark issues (as Apple has been repeatedly AND SUCCESSFULLY sued by The Beatles for using Apple as their trademark), but that's the worst he can expect.

If I sell you a computer with Open Source software on it that allows the installation of an unpatched OS X Leopard retail box, Apple's legal department can do NOTHING to stop me from doing. At least they can do nothing legal.

By the way, Apple still have not sued the German Mac cloner and also not the Russian Mac cloner. Use your imagination why that might be.
 
Ah. That explains why my OSX box only says "Piece of Plastic" on the outside. Because that's all I bought. ;)

Apple is selling OSX. When you purchase a retail copy, you are buying the Operating System.......

it's quite clearly marked on the outside of the package that what you're buying is subject to a license:

"Important: Use of this product is subject to acceptance of the software license agreements(s) included in this package. Don't steal software."


.....I'm not sure why so many people think it's all right that Apple try and restrict how and where you use your property that you've paid for.....

for the same reason you can't make and sell copies of "your property".....apple has only sold you a license to use it in certain ways and not in other ways.
 
Yes they are breaking the LAW, they are NOT including the OS X box or DVD.

Which makes me wonder how they can include OS X on the machines.

Must be all the family packs they bought, buy one copy and they are good to load it on 5k machines and sell them. :rolleyes:
 
Absolutely correct. But even after both parties agreed on the contract, there still is the question whether the contract complies with applicable laws. Or in simpler words: Apple says you are not allowed to install OS X on non-Apple hardware. You agree to this. And yet, a court of law might some day decide that these terms are ILLEGAL and that you are, by all means, entitled to install OS X on whatever hardware you like.
True. However in the case of Apple we can clear this up right off the bat. Judge Allsup (in the Psystar case) already ruled that Apple can sell their operating system in the method that they choose. He also added that customers knowingly buy OSX with the understanding that it is not to be used on non-Apple hardware (whatever that may be - thats based on Apple's branding). So we can end the EULA arguments since they are pretty much moot anyway. Businesses are also held to much higher standards and should not be reselling products without the owners permission. Businesses are much different bests that consumers.

This might not happen in the USA, but it could happen in Europe.
I doubt it. Software is still sold in other countries - and all software is licensed to a degree.


Other than that: If this guy sells just an EFI dongle, probably based on Open Source software, that allows the native installation of OS X Leopard, Apple can cry havoc as long as they want and cannot make this machine disappear. They can sue him for trademark issues (as Apple has been repeatedly AND SUCCESSFULLY sued by The Beatles for using Apple as their trademark), but that's the worst he can expect.

1) The Beatles trademarks were over the name of the company which Apple now owns the rights to - they essentially won that case. It was over the NAME, not the other trademarked and patented parts of OSX. The two cases are not applicable to each other.

2) They are illegally distributing OSX since they do not posses an OEM licensing agreement with Apple. It does not change how OSX is licensed to anybody. Not to mention that this company is not even providing the retails disc (which still doesn't make it legal). I am not 100% sure of this, but I believe Apple's usage of EFI involves encryption (which is the basis of the Psystar suit - DMCA charges).

If I sell you a computer with Open Source software on it that allows the installation of an unpatched OS X Leopard retail box, Apple's legal department can do NOTHING to stop me from doing. At least they can do nothing legal.

Are you sure of that??? I am very sure that I cannot distribute open source software that allows me to install upgrade copies of Windows that overcomes the upgrade paths that they require.

By the way, Apple still have not sued the German Mac cloner and also not the Russian Mac cloner. Use your imagination why that might be.

Thats meaningless. It took months before Apple sued Psystar. Companies go for months before suing all the time. It has nothing to do with the validity of said suit. Psystar started selling their hackintoshes in April 2008. It wasn't until July that Apple sued Psystar. Filing lawsuits is a time consuming process when businesses are concerned. Thats the way the law works.


ETA: Just so that we are on the same page here, shrink wrap licenses (or the ones that you have to click through) have various degrees of legality depending on the jurisdiction, but have largely been upheld.

From Wikipedia
The term shrink-wrap license refers colloquially to any software license agreement which is enclosed within a software package and is inaccessible to the customer until after purchase. Typically, the license agreement is printed on paper included inside the boxed software. It may also be presented to the user on-screen during installation, in which case the license is sometimes referred to as a click-wrap license. The inability of the customer to review the license agreement before purchasing the software has caused such licenses to run afoul of legal challenges in some cases.
Whether shrink-wrap licenses are legally binding differs between jurisdictions, though a majority of jurisdictions hold such licenses to be enforceable. At particular issue is the difference in opinion between the courts in Klocek v. Gateway and Brower v. Gateway. Both cases involved a shrink-wrapped license document provided by the online vendor of a computer system. The terms of the shrink-wrapped license were not provided at the time of purchase, but were rather included with the shipped product as a printed document. The license required the customer to return the product within a limited time frame if the license was not agreed to. In Brower, the Supreme Court of New York ruled that the terms of the shrink-wrapped license document were enforceable because the customer's assent was evident by its failure to return the merchandise within the 30 days specified by the document. The U.S. District Court of Kansas in Klocek ruled that the contract of sale was complete at the time of the transaction, and the additional shipped terms contained in a document similar to that in Brower did not constitute a contract, because the customer never agreed to them when the contract of sale was completed.
Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.

We should point out a couple of things in this case:
1) Apple's SLA is readily available before purchase (Here is Apple's) so it isn't necessarily click though or shrink-wrapped...
2) The legality or illegality of hackintoshes goes far beyond EULA's or SLA's. Its not accurate to say that hackintoshes are legal if Apple's SLA is rendered illegal.
3) If there was any legality to hackintoshes, we would have seen them already by the likes of Dell, HP or other PC vendors who have long desired to sell Apple's OS but have not.
 
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