1. When you hand over money and receive a box with MacOS X 10.6, you haven't bought anything yet - the sale is subject to your acceptance of the license. You can refuse to accept the license and return the software and get your money back, or accept the license and the purchase of a box is now final, or do nothing and hold a box that you don't own
And EULAs haven't been tested in court? Google for "ProCD vs. Zeidenberg".
I am not a lawyer, so anyone may correct any errors I make. I concede copyright law is evolving and especially software is an evolving area.
Re: ProCD v Zeidenberg
This is how I read this case. ProCD collected telephone numbers from public sources and thus the database itself was not subject to copyright protection per se. In order to protect their effort, the collecting process, ProCD placed a license agreement that you must accept when you start the program in which you agree not to disseminate the database, or roughly something like that. Zeidenberg, not wanting to collect the phone numbers, used the ProCD database on the web and charged for access. Zeidenberg believing that since the database itself was not copyrighted material, he was free to do as he wished. The court said that while the database itself was not copyrighted, that Zeidenberg had agreed to the license agreement upon starting the program.
While this is an interesting case, I do not believe this example will apply to the Psystar case and thus will not be used as precedent. Lawyers, Y or N?
Again, I am not a lawyer, but my reading of some of these cases makes me think the courts value equity more than they value technicality, within reason. Thus, while the database was not protected, the court did not allow Zeidenberg to use the work of ProCD for Zeidenberg's profit.
Much has been made of Apple's not attacking individuals for violation of the EULA. This is just an opinion, but if Apple sued me, I would ask for a jury trial and I would make the point that I purchased the software and by virtue of the money I invested, I should be free to use it on any hardware I wished. I am betting that I could find a friendly jury to rule in my favor. I don't think Apple would want to establish that legal precedent. They should just take the money.
If Apple can uphold their EULA in the Psystar suit, then they can continue to frighten individuals into thinking that OS X can only be run on Intel chips shipped by Apple Computer.