On Apr 29, 2005, at 12:04 PM, Gerald Wilson wrote:
If that's the software license, than technically, it is illegal to use on clones, yes. I don't believe Apple won't do anything though, for a few reasons:Judge for yourself:
Mac OS 9 Software License Agreement (Section2. Permitted Uses and Restrictions):
"This license allows you to install and use the Apple Software on a single Apple-labeled or Apple-licensed computer at a time ... This license allows you to install or operate the Apple Software only on a computer system that came bundled with a licensed version of the Mac OS at the time of original manufacture."
... so that covers clones fine.
Mac OS X Software License Agreement (Section 2. Permitted License Uses and Restrictions):
"This license allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time."
... so that excludes clones.
Clones are not, and never have been, Apple-labeled (unless you can tell me different). Apple has only ever licensed Mac OS X to run on Apple's own computers. All use of Mac OS X on non-Apple computers (such as clones) is unlicensed.
QED
There's a huge difference between running systems which are *unsupported* (this may be unwise, or imprudent, or professionally risky - but at least it's your judgement call) and running systems which are *unlicensed* (this is in many jurisdictions illegal - which makes it the authorities' judgement call). Of course, this doesn't bother me much, and I don't suppose it bothers you at all, but recent experiences have led me to surmise that there are some legal hotshots patrolling this list - so, clone users, watch out.
GWW
- They make ~ $129 every time someone buys OS X. Who cares what computer it gets run on if you're selling more copies?
- People running OS X on clones might eventually find they need more power. So they decide to go out an buy a nice shiny new G5 or a G4 Powerbook. There's a couple thousand extra for Apple.
- Apple doesn't have to provide support. That's probably one main reason they worded it that way. Much like they put limitations like requiring a G3 or built-in Firewire. OS X will work fine on old world without the requirements being completely fulfilled(even if some tweaking is needed every so often), but by setting certain minimum requirements and limitations Apple has no obligation to provide any support if you have problems or something gets FUBARed. Try to take any action against them and all they have to do is point to the license agreement, and you're dead in the water.
- Apple could try to sue someone over it, but it's not entirely certain they'd even win, and they probably would lose a lot more money on legal costs than anything they'd gain. Apple is not the RIAA or Microsoft.
- They've had what, 4 or 5 years to do something about it? I know they're well aware of XPostFacto and the clones running OS X, as well as OWC which supports it all. They likely have been aware of it from the beginning. So why do something this late in the game?
- Alan
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