“Psystar is currently selling Open Computers with Apple’s Mac OS X Leopard preinstalled, in what appears to be a clear violation of Apple’s software licence agreement,” Tom Krazit reports for CNET.
“These types of agreements, known as end user licensing agreements (EULAs) have been upheld by several US court rulings as valid contracts between a software maker and a customer, even if the customer didn’t have a chance to read the licensing agreement until after they purchased the product,” Krazit reports. “Specific provisions of EULAs have been deemed unlawful, but the general concept that software customers licence software, rather than purchase it, has endured.”
Krazit reports, “According to legal experts, Psystar will need a significant amount of cash to fight off Apple’s likely challenges on several different fronts.”
Krazit reports, “While Psystar might be able to make some headway, their only apparent hope of scoring a decisive win is to file an antitrust suit and convince a court that Apple’s domination of the market for computers running Mac OS X is harming consumers.”
Full article here.