The voluntary petition for bankruptcy [PDF] was filed last Thursday in the United States Bankruptcy Court for the Southern District of Florida, indicating that Psystar is more than $259,000 in debt. The MacObserver, speculates that this may be an indication that the company's financial backers may have pulled out under the belief that Apple will inevitably prevail in the lawsuit against the unauthorized clone maker.

For its part, Apple has also said in court documents that it believes Psystar may be part of a larger conspiracy and is seeking to uncover unknown parties who may be secretly backing the clone maker, either financially or otherwise, in its efforts to disrupt Apple's stronghold on Mac hardware sales.

clicky



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.

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.

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

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.

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?

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.