The problem is that Apple dictates what YOU can do with it AFTER you purchase it. First Sale Doctrine traditionally says that once you buy something, you own it and can do what you want with it, and the courts have upheld the idea that this applies to software as well. Psystar needs to prove that Apple isn't allowed to make those kinds of restrictions in its EULA, which will effectively render its use of OSX fully legal.
The thing is, this is exactly the argument Blizzard used against Glider - as part of the EULA, if you use the software in a manner that goes against the Terms of Service, the copying that is done into RAM is unauthorized and therefore copyright infringement. Blizz's argument was adopted by the court, so I'm surprised they're trying this since there is precedent going the other way (and AZ and CA are even in the same appeals circuit!)
here's the catch. by law, Microsoft can tell you how you can use Windows. they just choose to be more open than restrictive. but that is there right
@RedGhost. you are incorrect. the courts currently side with the companies by stating that an EULA can be in the box and is enforceable if the buyer installs the software. it does not have to be on some outer wrapper and readable before the box is open.
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Its Apple's OS, they can do whatever and restrict whoever the hell they want with it
you dont like Apples prices, suck it up and get a PC
The problem is that Apple dictates what YOU can do with it AFTER you purchase it. First Sale Doctrine traditionally says that once you buy something, you own it and can do what you want with it, and the courts have upheld the idea that this applies to software as well. Psystar needs to prove that Apple isn't allowed to make those kinds of restrictions in its EULA, which will effectively render its use of OSX fully legal.
The thing is, this is exactly the argument Blizzard used against Glider - as part of the EULA, if you use the software in a manner that goes against the Terms of Service, the copying that is done into RAM is unauthorized and therefore copyright infringement. Blizz's argument was adopted by the court, so I'm surprised they're trying this since there is precedent going the other way (and AZ and CA are even in the same appeals circuit!)
-p-
here's the catch. by law, Microsoft can tell you how you can use Windows. they just choose to be more open than restrictive. but that is there right
@RedGhost. you are incorrect. the courts currently side with the companies by stating that an EULA can be in the box and is enforceable if the buyer installs the software. it does not have to be on some outer wrapper and readable before the box is open.