In light of the recent Psystar proceedings, German based Mac clone maker HyperMegaNet UG have said they are "not afraid" of any possible legal action from Apple.
The systems, which are sold under the PearC brand, are Intel based towers with prices ranging between €599 and €799, with shipping is available to numerous European countries including the UK, France and Spain. Like Psystar, the company bundles a legitimate copy of OS X with each purchase, which Apple claims violates copyright laws.
In an e-mail to Computerworld, company spokesmen Dirk Bloessl claims that Apple's EULA is void due to European law. "The German law says explicitly, that restrictions made after buying a product are not valid. So, because Apple's EULA can only be first read after buying and starting the setup, they are invalid in Germany."
Although the company has yet to hear from Apple's lawyers, they are expecting impending action. "First, we try to settle with Apple out of court," Bloessl said. "But if necessary, we are not afraid of going to court with Apple."
Should legal action follow, this would be the second time Apple will have sued a clone maker since summer 2008. It's federal court battle with Florida based Psystar Corp. is still ongoing, and the trial is not expected to begin until November.
The systems, which are sold under the PearC brand, are Intel based towers with prices ranging between €599 and €799, with shipping is available to numerous European countries including the UK, France and Spain. Like Psystar, the company bundles a legitimate copy of OS X with each purchase, which Apple claims violates copyright laws.
In an e-mail to Computerworld, company spokesmen Dirk Bloessl claims that Apple's EULA is void due to European law. "The German law says explicitly, that restrictions made after buying a product are not valid. So, because Apple's EULA can only be first read after buying and starting the setup, they are invalid in Germany."
Although the company has yet to hear from Apple's lawyers, they are expecting impending action. "First, we try to settle with Apple out of court," Bloessl said. "But if necessary, we are not afraid of going to court with Apple."
Should legal action follow, this would be the second time Apple will have sued a clone maker since summer 2008. It's federal court battle with Florida based Psystar Corp. is still ongoing, and the trial is not expected to begin until November.
* = Actually I think technically it was, it can only be installed on Apple Hardware...but you get the point.
Does this also apply to software where installation / first run (in the case of Windows from a OEM) causes a EULA to pop up and be "agreed to"? Arguably it should as you wouldn't see the EULA until you ran the install / turned the box on. Brillant! I want this law in UK!
Nobody cares about Apple. It's all about the consumer. When Apple is only concerned about Apple, (like they usually are,) you end up with antitrust investigations (not yet) and low consumer interest. (bingo!)
I don't have a problem with people doing it, I have a problem with people selling it and trying to profit off what is not theirs. Besides it's no different than demanding to use the iPod software on your Zune or whatever. Just because Mac OS X is a desktop OS people think its ok to whore it out?
You do know Apple profits from something that's not theirs every time they sell a license for OSX no matter what device it's on, right? BSD is not Apple's product.
OS X is entirely theirs. They own the rights to it completely.
Last edited by UKer on 17 Feb 2009 - 13:57
It would certainly mean that Apple don't line their pockets by ripping off customers who think they're getting systems with superior hardware when in actual fact their just building standard PCs and flogging them for massive profits. Their 'support' also involves selling hardware at massively inflated prices and over charging for servicing.
It is good to know what hardware users are running, but current Macs aren't exactly exotic in terms of the parts used, and these re-sellers could easily use exactly the same hardware and not assume that people want to pay double for pretty cases and periperals.
It will be quite a loss to the computing/tech industry as a whole.
IMHO, Apple should continue to fight these rats, we're all better off with Apple the way they are than without. Apple, in its current state, is pushing the entire industry forward. Without them I'm not sure who (if anyone) will fill the void.
My new name for now, I have no other working names. None. Long story. I'll tell ya all about it later.
Really? The other one doesn't say it's banned. It says you used it yesterday. I'm not too interested in the story, actually.
I think I'll use my disposable income as I see fit. After all, one could easily say you have a predilection for going on the the cheap. It's really a matter of how people see value - what they feel they're getting for their money.
Microsoft does it, and as far as I know the Linux distros do it if you purchase the support.
But in the end, does it really matter? The people who want Apple branded computers will still buy from Apple. People that want a computer with OS X could purchase the OS, install it on their computer, and deal with the potential incompatibilities, driver issues, ect that we have for years. It's really a win-win for everyone except Apple, since they would lose money from the loss of overpriced hardware sales.
No need for me to worry about this since I dont use Macs. I build high quality PCs for myself and I do not go on the cheap...but still cheaper/better/faster than Apple.
Last edited by GreyWolfSC on 17 Feb 2009 - 19:03
Wow, Apple, get a lawyer that's gone to law school. Or get a dictionary. There is no violation of copyright laws here, only a violation of your End User License Agreement. The only question is whether or not that part of the EULA is enforceable... and that may have to be decided by the courts.
The only other question that comes to mind is, who in their right mind would want OS X besides the hardcore Mac fans who wouldn't want anything but
Apple hardware*?*PC Hardware branded with an apple-stlye logo.
I thinked that too! lol
I don't know why the people call this offerings "clones". They are not similar in any way from the Macs...
I didn't knew about that EU law about restrictions after buying a product. I think its great but many services/products would be in trouble with that kaw as many companies enforce restrictions on their products.
Just like those nVidia gpus awhile back...er...wait...
It's like a perfect storm of banality. A symphony of irrelevance that one cannot truely appreciate unless they plunk down the cash for a PC in a cute shell that looks absolutely smashing next to their 'The Sound of Music' collectors edition DVD, and perfectly compliments their drapes.
It's like beige boxes computer being called clones of Dell, HP, Gateway. They are not clones.
I'm just getting tired of this "war" between the both of them. Eirther apple grows some balls and expands or physler knocks off this cat and mouse game.
"physler" ?
Where Apple has gone wrong is by boxing and selling the Mac OS X. But that is really considered an "upgrade" to the Mac OS X that is pre-installed on the Apple hardware. And the pricing of the boxed Mac OS X reflects that.
Even then. Apple make sure that the hardware that they use is up to a specific standard before they put it in their computers. I mean... how many driver issues do you have with a Mac... and Im talking about hardware that comes in the Mac not a wireless usb dongle for example.
They keep OSx in their power so that they can control the image of OSx and to keep the quality of their machines at a top standard. I mean.... have a look at all the n00bs that fail at installing OSx on their PCs and then think about how many more would fail if Apple let people install it on their PCs. Even then, OSx uses EFI so the OSx86 scene will continue to have problems (and hacking to do) until mobo makers release mobos with EFI on them.
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