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German Mac clone maker claims it won't face Psystar's legal troubles

Robert Palmer

Matthias Kremp, of German periodical Der Spiegel, has an interesting story about PearC, "Der PC mit Mac OS X." You don't need Google Translate to figure out what that means, though a mechanical translation of the story is available here.

PearC is offering three flavors of Mac clones in Germany, starting at €499. All of the options are built to order: The Starter edition can be equipped with anything from an Intel Pentium Dual Core E2200 to a Core 2 Duo E7300. The Professional version, though, starts at €1,499, and can be powered by a 3.2GHz Intel Core i7 Extreme processor for an extra €720 -- a processor that Apple does not offer. PearC also offers Blu-Ray optical drives as an option.

All come with the option to install Mac OS X. Kremp notes that PearC's parent company, Hypermeganet, says that since the End User License Agreement (EULA) is sealed inside retail copies of Mac OS X, there's no legal way to review the EULA. If you'll pardon the bad translation, "the restrictions that Apple [has] for its Mac OS X in the EULA [...] in Germany [has] no legal explanation," said Hypermeganet spokesman Dirk Blößl.

"Hypermeganet assumes, therefore, that the product (meaning the Mac clone) in Germany is legal," he says.

Similarly, Psystar, possibly bankrolled by a larger PC clone maker, is defending itself now against charges that it violated Apple's EULA by selling clones with Mac OS X. That dispute is ongoing.

Apple did not return Spiegel Online's request for comment. However, Kremp concluded by suggesting "one may probably assume" that Apple will pursue legal action against the clone maker.

Thanks, Hauke, Holger and Martin!

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