Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Swordmaker
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.

9 posted on 08/26/2008 10:13:23 PM PDT by Greysard
[ Post Reply | Private Reply | To 4 | View Replies ]


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 ---

One year later we see that-


11 posted on 08/26/2008 11:49:40 PM PDT by dennisw (That Muhammad was a charlatan. Islam is a hoax, an imperialistic ideology, disguised as religion.)
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson