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Update: Psystar to Resist Apple EULA

by Mark Rowland on Apr 17, 2008 at 11:11 AM

Psystar may have legal action on their hands

Earlier this week I blogged about the Psystar OpenMac, a computer claiming to run Leopard.  This, of course, violates Apple’s End User License Agreement (EULA), as Macintosh computers are the only computers licensed by Apple to run Leopard.  In an interview with MacRumors, Psystar employee “Robert” says that making Leopard only run on Macs was like driving a Honda only on Honda-approved roads.  Robert also said that Psystar plans to challenge the EULA, insisting that all actions they have made were legal and that they are simply trying to prevent an Apple Monopoly over Leopard. 

The only legal advantage that Psystar has is the enforceability of EULAs, given that they aren’t actually explicit laws.  Also notable is the fact that the Psystar website is up and running again, and that the name of the computer has been changed from “OpenMac” to “OpenComputer”, taking any chance Apple would have had with a trademark infringement lawsuit away.  As soon as both Apple’s and Psystar’s Legal departments wake up and smell the coffee, certain actions are sure to be taken.

Via [MacRumors]

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Comments
  • Rob said:

    At first sight this might look like a sticky situation, Apple can’t stop individuals from hacking Leopard onto a non Apple platform. But in the end it is easy to resolve. Apple is perfectly within its rights to state that it does not write or provide support for its software on any hardware that it doesn’t know 100% and agrees to write for (ie. its own). This is in fact one of their core values and why they are great and why we don’t suffer the quagmire of Windoze. They check with their installers and software updates that the hardware can take any installed software. So any thieving little company intending to leach off Apple and hack Leopard and any future updates onto their own hardware for commercial gain can be sued for intent to gross piracy and software hacking, at the very least.

  • Avatar for Mark Rowland

    Good points, but what Psystar said as justification is that EULA’s are not actually laws but mere unsigned agreements.  The company also took away Apple’s chance of a trademark lawsuit by changing the name of the clone from “OpenMac” to “Open Computer”.  And with Psystar’s legitimacy in question, whether or not Apple will actually pursue legal action is debatable.

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