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Mac Cloner Psystar Ships First Service Pack
Preedit writes "Not only is Mac clone maker Psystar continuing to defy Apple's ban on third-party Leopard installations, it's supporting the hardware with updates. Psystar Mac clones shipped as of Monday will include a 'service pack' that features fixes for a range of problems, some of them inherent in Apple's own software, according to InformationWeek. The fixes address a range of troubles, from glitches in Apple's Time Machine backup feature to quirks in the Keyboard Viewer and Character Palette entries in Leopard's system preferences menu. There's also support for the latest version of Java and other updates. According to the story, by offering a full menu of support, Psystar appears to be daring Apple to attempt to enforce provisions in the Leopard license agreement that forbid third-party installations and sales." We've been discussing Psystar clones for a while.
I think Steve's blade may be a bit dull trying to cut through all the red tape set forth in their own EULA.
from: http://64.233.169.104/search?q=cache:yZd3DfSTe6cJ:www.engadget.com/2008/04/15/psystar-says-rumors-of-its-demise-are-greatly-exaggerated-still/comments/11642842/+leopard+eula+unenforceable&hl=en&ct=clnk&cd=1&gl=us
Psystar/Open Computing is reselling a full (read: fully-licesned) copy of MacOSX Leopard. They are then preinstalling it onto the system, telling you that they do modifications, and telling you that the copy is no longer under warranty. In addition, the courts have been moving in the direction of saying EULA's are not necessarily contractual, because of the low barrier of people to click "I Accept", weakening any potential Apple case.
To be fair, DMCA is vague on modifying software for personal use, and violating license, but only from the perspective of "taking away revenue". In this case, Apple is getting attributed as creating the software, and sells a retail copy of Leopard every time Psystar/Open Computing sells one to buyers.
from: http://64.233.169.104/search?q=cache:dIo9yM9-QvMJ:timmorton.blogspot.com/2008/04/apple-vs-psystar-clone-mac-era.html+leopard+eula+unenforceable&hl=en&ct=clnk&cd=7&gl=us
What it boils down to is that running Leopard on a machine that Apple did not make violates the EULA. EULA's are largely NOT legally enforceable, and in those states where they are the degree to which they are varies widely. EULA's are not active contracts, and are largely invalid because you cannot read them in entirety (or at all usually) on the packaging before making your purchase, leaving you vulnerable to stipulations that were unknown at the time of purchase. EULA's are legally weak, all but entirely unenforceable, and would be outrageously expensive to attempt to enforce on any type of broad scale.
Basically I think Apple really would have to pay to play this game that it might lose. EULA's are largely flawed and usually unenforceable. Will be interesting to see what Apple does, if not nothing.