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Thus endeth another chapter with Apple secure in the knowledge that its EULA is still in effect and safe from a court going "oi! hang on one moment..."
I personally would of like this to have gone all the way and get the question of whether the EULA and tying the OS to the hardware is legal once and for all. It would of stopped many a flame war.


Now that would of been funny if the backers turned out to be Dell; HP et al WHeres Mulder and Scully when you need them "the OSX files"

In the USA. Has this been tested in Europe?

Two start ups - one in Russia, one in the UK could well test that if funds hold out.

http://www.pcmag.com/article2/0,2817,2347470,00.asp

http://www.freedompc.co.uk/index.php?op ... 2&Itemid=2

It strikes me as odd why it wouldn't be legal...

Companies constanly try and stretch the law to suit them and every now and again they get caught (MS & Intel). Sometimes it would be nice if the arguments could be heard and a a definative ruling made. Otherwise its just a load of people having an opinion.

If Apple lost the case, would the ruling therefore be applicable to Sony, Nintendo et al?

Thats a good question. Exactly how far can companies go to restrict the end user?
The companies concerned would want to restrict the user as much as possible.
Whether this is through EULA's, patents, traddemarks or just outright bullying.

We can all ready see that in the case of the music industry the last thing on there mind is there customers. which seems to be an odd way of doing business.

It would be a logistical nightmare too - the company would either have t change the EULA per territory (which they probably do at times), or even revise software or hardware to allow the system to install (or not) on varying levels of hardware.

The solution would be to allow it, but not to support it.

The EULA should be changed for each Country anyway, in order to account for legal restrictions and requirements in those countries. Half the crap in EULAs which are enforceable in the 'States would never cut it in a European court.

Apple don't need a EULA in Germany!

If the complete EULA isn't available to read before you purchase the product, it cannot be enforced. As Apple put the EULA inside the box and then wrap the box in plastic film, the user cannot agree to the EULA before purchase, therefore they cannot be held to any "additional" terms which they are shown after purchase...

So no available on the German Apple Website? Can you ask in the store to see the EULA before you buy?

No idea. You generally can't call up the Apple website at the point of sale...

The EULA is only available inside the packaging. The reseller won't open the package until you've paid for it. Catch 22...

Apple certainly don't provide retailers with a copy of the EULA to show customers.

This is such a shame, there's nothing I like more than little companies sticking up for what they believe in.

Unfortunately there's little chance against corporations such as Apple, with the weight of their legal team against you it was inevitable.

Many believe Psystar is simply a fabricated company used by Apple as a demonstration of how difficult it would be to do something similar. However Apple would not stand a chance in court in places like Germany, they don't take kindly to American firms thinking they own Europe. Just ask Microsoft or Intel.

When journalists have tried to order from Psystar, they had little success. Their premises doesn't even exist.

http://gizmodo.com/380488/psystar-expos ... ike-a-hoax

Most of the Psystar machines are crap spec or old spec thus re-inforcing the myth that Apple use newer and better components than a 'pee-cee'.

Anyone daft enough to even consider a clone and know what the spec is, and configure it, would be better to build one themselves !

Many also believe in creationism, but that doesn't mean they're right.

But I do love a good wingnut conspiracy. Did you know that JFK was assassinated by Martians working for the KGB who were in the pay of Nigerian phishers who were just a front for a secret Italian society that knew the secret to perpetual energy and worshiped Dan Brown. Or something like that.

The truth is out there.