German Mac clone company thinks Germany doesn't have laws
By Nilay Patel 
posted February 6th 2009 3:36PM
posted February 6th 2009 3:36PM
We're never going to get tired of the insane legal theories would-be Mac clone companies trot out to try and circumvent incredibly basic copyright and contract law concepts -- like Psystar claiming Apple has a monopoly on its own products -- and today we've got German cloners HyperMeganet, who'll sell you a 3.2GHz Core i7 Blu-ray-equipped PearC tower with Mac OS X preinstalled for €2,408 ($3,111). According to the wonderfully-named Hypermeganet, German law requires EULAs to be available for review before purchase, so Apple can't enforce its license restrictions since the Mac OS X EULA isn't printed on the outside of the box. Leaving aside the fact that the OS X installer displays the EULA on-screen and that you have to click "Agree" before installing, we'd just like to point out that all of Apple's license agreements are available for your leisurely perusal before purchase right here -- including the German OS X license, which we're damn sure Apple's foreign counsel has made sure is valid and applicable in that country. Oops. We'll see how long Hypermeganet can keep itself out of trouble -- seriously, when will these companies learn that all they're doing is hurting the homebrew OS X hacking scene by tempting Apple into locking down their systems even harder?[Via TUAW]
Read - Spiegel Online article about PearC
Read - PearC website
nein, nein...da ist nichts los mit apple benutzer in amerika, sondern mit allen diesen firmen, die immer denken die koennen technologien von anderen firmen klauen. hier liebt man apple und alle apple produkten(iphone etc) sehr, da die sehr gut sind. also, schluss mit deiner apple und amerika hasserei.
Hold on let me ring a Whaamulance for all the babies throwing their toys out of the pram, about Apple having a monopoly ( FFS they don't!!! ) and how they cant buy OX 10 and just whack it on a PC. OMFG, grow the 'ck up. It's not at all wrong or should be challenged. It's Apples software and they can do what they like with it ( within the law ). If you don't like it then you problem is with the law not Apple, dumb asses. But why the hell would a court say "not you MUST allow your property to work on ANY computer". Yeah sure, OK, like that is right or will ever happen.
I'm no expert, but since OS X needs to be hacked to run on a PC then does this mean nothing by "German law requires EULAs to be available for review before purchase, so Apple can't enforce its license restrictions since the Mac OS X EULA isn't printed on the outside of the box." It's someone else's IP so altering it without permission surely must break a law in Germany.
Anyways, this will go the same way as Psystar. Go on for ages, and way too much money spent to come to an obvious conclusion. Busted.
You have no clue about the topic...
You don't need to do anything with OS X to make it run on a pc... you just have to emulate the EFI (BIOS) to make the software believe its a mac... thus you don't hack or alter the software.
Apples just scared releasing their OS to the wider public, because the sales wouldn't rise but stagnate. Nobody would go and buy OS X for their PC anyway. Going from a working workstation to a crippled workstation is not something people tend to do. Maybe if more applications would work people would be willing to give it a try.
But right now, they're just saving their face by keeping it legally Apple hardware only.
huurrr duurrr... I dont "hack" and I have Leopard - vanilla (meaning perfectly retail) running on my quad core gigabyte board with 8gb ram. gb2/ebaums
@Snige
Given the language in your post and the tone - I believe you are the one that needs the whaambulance!
how about forced sale... Apple sell OSX boxes, but they are not authorized to work on whatever hardware you want... hum... I believe in many countries this is called forced sales and is strictly prohibited...
The reason this is prohibited is that it hurts the competition, which is exactly what apple does with other hardware maker. Do You know many competitors from Apple Inc, running the OSX software... I don't...
Microsoft did the same linking the "sale" of internet explorer to windows, and was condemned in Europe. Hopefully, one day there will be less lobbying in the US, not allowing the corporation to decide everything for you. How about kill the trust agreement made by the majors with DVD zoning, as a next step...
The courst isn't saying "apple must allow OSX to be run on other devices", they are saying that apple cannot prevent OSX being run on other compatible devices.
Do I detect a slight hint of bias in this article?
slight hint? lol .. its not slight at all .. its pretty full on - thats the way Nilay likes to play... he's pretty protective over his fuzzy wuzzy cutesy apple bear *aww*
So what if the EULA is on Apples's web site.
If I don't have a computer, do you mean I have to buy a computer so I can go online to read the Apple EULA before I buy a HyperMeganet?
Wait...isn't Bill Gates meant to buy these guy's out?
On a more serious note when is Apple going to realize that clearly the reason Hackintosh's and the OSX86 project exist is because people want OSX, but not a Mac.
They're not exactly hurting for cash yet but surely they must realize how much revenue they could get from this...selling OS's for clone's has gotten MS quite a tidy sum.
Somebody obviously hasn't made his homework on Germany's take on the EULA...
I can't believe how many mac apologists you have on staff, engadget. I feel the popular consensus is that Apple works hard to lock down OS-X so that they can charge extortionary prices for hardware that, aside from that EFI bootloader, is abundant, cheap and in no way unique. It may be their right. It may be legal. But it is not cool.
I think your definition of "in no way unique" may need some tweaking. Unless you can show me who else makes an aluminum iMac. Or anything like a Mac Pro with its full-case multi-zone fan system. Also, your definition of "extortionary prices" are way off. Anybody who has done direct feature-for-feature comparisons can tell you that.
Also, "it's not cool" isn't an argument that holds up in court.
@Zak; Ever heard of Lian-Li; http://www.lian-li.com/v2/en/product/product06.php?pr_index=258&cl_index=1&sc_index=25&ss_index=61&g=d
And? I don't see separate sensors for each fan, all independently speed-sensitive based on temperature, not to mention the fact that the Mac Pro case is entirely aluminum. Or does that not count as unique in your book? Comparing that Lian-Li case to the Mac Pro is a joke.
Lian-Li is aluminum (Every damn case of them is Aluminum, that's why they're known for it since 20 years) and most importantly, parts of it are still hand made to perfection. And for your information, the build quality is quite a notch higher as that of any mac. If you'd take your head of your behind, you would go and read the information I posted in that link and educate yourself.
Anyone who has any contact with Lian-Li cases could tell you, that they are one of the most superior cases (build quality and solution wise). And that's not bias.
That particular case I linked you costs you $700 or 450EUR. Let's not mention the modifications they offer you to every of their cases.
People say you get what you pay for and they're right.
$700 just for the case? And people have the balls to say Apple is a ripoff? Yes that case is a joke compared to the Mac Pro's case. I notice you didn't respond regarding the individual variable speed temperature sensitive fans in the Mac Pro, probably because the Lian-Li case doesn't have them. I did go to the link you posted, and that's where I learned that you're delusional if you think it's better than the Mac Pro's case. Seriously.
You get what you pay for? Really? If you believe that about those cases, then I have a bridge to sell you. Also, I would like you to prove this statement: "the build quality is quite a notch higher as that of any mac". Because that's pure bullshit. Apple spends real money on R&D, unlike most other hardware companies. Your ignorance regarding Macs and the engineering that goes into them isn't really surprising though, Apple haters are usually pretty ignorant about Apple.
All Apple has to do is put a one word on the box for Snow Leopard that says "upgrade."
Also, I don't have one handy right now, but I thought it already stated on the Leopard box that the software inside was "not for use on non Apple-branded computers." Even if it doesn't, those two things would lock out this business model instantly.
It's an agreement on the box, that can be read before purchase and is implicitly agreed to by making that purchase. Big hairy deal if they get away with this for Leopard but it won't be happening any more regardless.
Finally, if these guys are pre-installing Leopard, then they are effectively dis-allowing the consumer form making that decision and more or less committing fraud by doing so. It's like selling a defective baby carriage after removing the sticker that says it's defective. That's generally illegal everywhere.
You can't legally instruct someone on how to use a product after they buy it, unless it's a controlled substance a EULA is a contract even choosing to break it is not illegal although Apple could sue you for it and seek damages.
Good luck to them my Hackintosh runs ery nicely thank you.
Ok, can somebody PLEASE clear this up?!? A lot of what some of the comments say make sense. Maybe the EULA is null if purchased in grand ol' Germ. Nilays post was too black and white (mostly Apple white)
I need closure. Is this legal there?
Eula is a place in Germany, does that help any ?
Is Eula a nice place? How are housing prices? My guess? Over inflated!
Breaking a EULA is not illegal, it's a contract like sports players break to move teams, you can't be imprisoned for breaking a contract but Apple can sue you for damages it the court upholds that the contract is legal. It's often why many software makers don't go to court as EULAs are often ruled to be not legally binding. What consitutes a legally binding contract is legally different in nearly every western country.
Hey, its the EU, they are so nutty about monopolies (even those that do not exist) that they might allow this.
Yes stupid Europeans stand up to corporations what are we thinking ?
Those nasty germans being law abiding citizens is disgusting, I hope Apple are going to use their cash supply to buy Germany and rename it Steve's Orchard
If no-one found the legal loopholes surrounding BIOS then we'd all still be using IBM PCs, that was great for the market and IBM didn't seem to be too damaged by it .
The more market share Apple wins the worse this is going to get, OS X for Pcs (without an Apple logo) is just around the corner.
MAC sucks! I'll just stick with a good linux distro. Why pay for something that is free?
From Apple's refund and return policy:
http://a248.e.akamai.net/7/248/2041/1456/store.apple.com/Catalog/US/Images/salespolicies.html#topic-20
Please note that Apple does not permit the return of or offer refunds for the following products:
...
* Opened software (Note that you may return software after rejecting the licensing terms, provided the software is not installed on a computer. However, if your software includes a license that you can read before you break the seal or sticker on the software media packaging, you may not return the software once you break the software media packaging seal or sticker.)
Of course Apple is aware that they could make some money sublicensing the OS, or making it available to run on other hardware. There was an entire project, the Common Hardware Reference Platform, dedicated to making this possible in the mid-90s at Apple. Steve killed it off (as well as Mac clones from Power Computing, Motorola and others) pretty much the day he arrived back at Apple.
I wasn't aware that Mac OS X had successfully been installed on Core i7 hardware. It's unlikely that PearC is legit. I think that if you order, your money will be gone.
Still, it's yet another sign for Apple to get their act together and start thinking about their customers. Who are they to keep Core i7 from us? Who are they to say we don't want matte screens, FireWire, Netbooks?
How is Apple keeping you from Core i7, matte screens, FireWire, and Netbooks? You can get all that stuff online and Apple won't even know about it.
@RJMajestic: sure I could get all those, but not FROM Apple, which is what I meant.
Seriously, who cares? It's another tin-pot company that won't make a dent in Apple's business because a) no one will have heard of them and b) their products aren't exactly interesting. If they start making MacBook-like laptops with OS X installed at half the price, then things might get serious but right now they are targeting desktops that few people seem to have any interest in buying these days.
Wake me up when someone like HP or Lenovo start making OS X-based laptops and then we'll have something interesting to talk about.
Just because you are not interested in desktop computers, doesn't mean everyone on the planet shares your opinion.
There are people who need raw processing power and for them, those "cheap mac clones" offer vastly more juice than even the best MacPro for a fraction of the price.
Oh but then I forgot, they don't look as shiny. What happened to the design principle: Form follows function? I ask that myself everytime i boot that stupid iMac at university which doesn't even have an external display connector, and performs worse than my laptop which roughly cost half of that oh-so-shiny piece of aluminium.. Just my 2 cents
Are you seriously suggesting that these things are going to be faster than a Mac Pro? All these PCs contain is a C2D or desktop i7 processor. Under no circumstances are they going to trouble a Mac Pro with Xeon processors. Go away, you silly person.
I admit that not everyone wants a laptop but it is quite clear that the majority do and the desktop market continues to shrink as they become less and less necessary. Further, laptops are where the money is for companies so I don't see Apple losing any sleep over this news.
Why don't this guys just sell computers with a "OS X compatible" logo and let their users buy a Mac OS X DVD ?
I mean
#1 it will still be A LOT cheaper than anything Apple will ever offer.(like 25-30%)
#2 They definitely are not aiming at mass consumer who can't install an OS, because these people don't go anywhere more than 15 miles away from an Apple store.
#3 given the whole "Windows Vista ready" bullshit we had Nobody will care..
So it's win-win.
They are not really in competition with Apple. People who buy a Mac today have enough money to throw away, they can afford to pay 1499 euros for a fucking laptop..
Really it is no big deal.. this guys won't stole 1 client to Apple..
They will only convert more people to OS X.
If Apple falls, then so falls Poland and Belgium...
As others have pointed out:
The writer of the article should inform himself about the legal situation regarding EULAs in Germany...
Not only have they be stated to and accepted by the customer at the time of purchase, there's also BGB §307ff (for which there are several quite restrictive supreme court rulings).
What this means in practice: As long no one fiddles with OSX itself, Apple will have a _very_ hard time to convince German courts to forbid someone to install OSX on some other computer than a Mac.
Addendum:
One of those supreme court (Bundesgerichtshof) rulings: http://www.jurpc.de/rechtspr/20000220.htm
Ironically, in this case is a ruling against Microsoft who sought to restrict sales of OEM software to the hardware it was bundled with...
But the result is: As soon as a piece of software is publicly available for sale, the copyright owner has forfeit his right to put any restrictions on the software as to which hardware it is allowed to be installed on, no matter what he writes in his EULA.
Addendum #2:
put a "(legal)" between "any restrictions" in the last post. It's perfectly legal for them to use technical means to prevent anyone to install OSX on anything else than a Mac. But if someone finds a solution to do it without having to change OSX itself, it's perfectly legal for them as well to buy OSX retail and resell it - preinstalled on aforementioned hardware or not: it doesn't matter.
Addendum #2:
put a "(legal)" between "any restrictions" in the last post. It's perfectly legal for them to use technical means to prevent anyone to install OSX on anything else than a Mac. But if someone finds a solution to do it without having to change OSX itself, it's perfectly legal for them as well to buy OSX retail and resell it - preinstalled on aforementioned hardware or not: it doesn't matter.
When is Apple going to learn that to end these problems once & for all they just need to produce a $500 to $700 desktop machine. Actually, I'm amazed that they haven't realized that they're losing a market segment that would produce great revenue for them &
brought out a mid-priced - mid-sized tower.