I think Psystar only can build his case on assertion that Apple's EULA is unenforceable. As you point out, Apple clearly states in the EULA that the licensee may install the software only on Apple's hardware.
This restriction may or may not be fair, but that's not the question. Apple's EULA is somewhat more restrictive than other, but it's not unheard of. Windows 95, 98, NT, 2000 and XP allow only one install of the software, even though technically you could load the same CD onto thousands of PCs (until WGA was implemented.) But anyway, I think the precedent of selling you a CD with software and then telling you what you may do with the software is well established by now.
I believe Psystar also understands that, and that's why they are grabbing at straws, claiming higher misdeeds of Apple. But the judge only needs to hypothetically substitute a smaller, non-Apple company and see if it makes any difference. It won't. I can open a one-man company and send you a CD with the same EULA, and it will be just as enforceable as Apple's. If Psystar has nothing else to fight with, it is only delaying its demise. It might be not a bad business plan, after all, if the company can keep the preorder payments and then be closed by the court. If the owners are properly insulated from the corporation they have a chance to get away with it, however barely.
posted on 08/26/2008 10:13:23 PM PDT
To: Greysard; Swordmaker
Psystar is a tar baby and Steve Jobs knows it
This should be Psystar's battle plan and I think it is ---
- Psystar boldly sells Apple clones with pre loaded OS and gets free publicity resulting in sales
- Psystar gets sued by Apple and gets free publicity resulting in sales
- Judge allows Psystar to continue sales while case is pending --- Zowie!
- Trial ensues and judge renders his decision
- His decision is no more loading of OS allowed
- Since your computer is called "Open Computer" the court will allow you to sell OS discs along with computer
- Defendants say --- Thanks judge. We will sell our unformatted "Open Computer" along with any OS DVDs the customer desires, be it Windows, Linux or Apple
- Judge says -- Great idea boys! Now run along and stay out of trouble
- Boosted by the David vs Goliath publicity Psystar goes on to sell 10,000 cheap but good enough "Open Computer" w/Apple OS the next year and 253 with Linux discs
One year later we see that-
- Apple tries to sabotage Psystar by making the computers non-updateable and the ethernet gets trashed when updated
- Psystar drags Apple to court
- Judge lays down the law and says that if Apple (California company) persists in screwing young local (Florida and economy sucks) Cuban/Hispanic entrepreneurs he will have to assess damages in the tens of millions
- Apple fumes big time but a few months later buys out the Florida boys for 20 million to be rid of the nuisance
- One year after all this we find 5 new clone makers in economically depressed parts of America duplicating Psystar's business model and the game begins anew
posted on 08/26/2008 11:49:40 PM PDT
(That Muhammad was a charlatan. Islam is a hoax, an imperialistic ideology, disguised as religion.)
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