Second unauthorized ‘Mac cloner’ offers ‘Mac OS X-ready PCs’

“Open Tech Inc. is following in the same vein as [Psystar] and is launching two purportedly ‘open’ PCs, the Open Tech Home budget computer and the quad-core Open Tech XT, that are effectively just custom-built Intel systems based on commonly available — and somewhat outdated — parts,” Aidan Malley reports for AppleInsider.

“Unlike the similarly-designed Psystar Open Computer (initially OpenMac), Open Tech hopes to promise Mac compatibility while avoiding a conflict with Apple’s Software License Agreement that forbids selling Mac OS X installed on non-Apple hardware,” Malley reports.

“Instead of installing Mac OS X itself or bundling a copy with the sale, this new builder is offering its customers a mystery ‘do-it-yourself kit’ that will guide them through installing a separately-purchased copy of the Apple software. The company itself would absolve itself of responsibility and put the focus on the user,” Malley reports.

“In making claims of compatibility with the software, however, Open Tech is nonetheless still at risk of running afoul of some of the same legal roadblocks that resulted in Apple’s lawsuit against Psystar last week,” Malley reports.

More in the full article here.

[Thanks to MacDailyNews Reader “Sir Gill Bates” for the heads up.]

MacDailyNews Take: Apple’s Software License Agreement for Mac OS X explicitly states: This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.

[MDN Editor: bold added for emphasis]

49 Comments

  1. I don’t think there is anything wrong with selling a computer saying it is compatible with OS X. They aren’t breaking anything, the people who install OS X on the computer are they ones that will be breaking the law.

  2. Well, what about this analogy?

    Suppose you’re a small company building cars. You initially install a Chevy engine in your cars and Chevy complains, saying they don’t want their engine being used in your cars. I suppose they could do that. BUT… suppose you build a car without an engine, saying customers can install any engine they want. And if they want to put a Chevy engine in there, you will provide users with a kit to install it. Ultimately, the customer is responsible for obtaining the engine and putting it in. Could Chevy complain about that? Does this analogy even apply?

  3. @ Scott

    Well, except OS X’s EULA states that not only can one not use OS X on a non-Apple branded computer but that one cannot “enable” others to do so, neither.

    This article clearly states, “offering its customers a mystery ‘do-it-yourself kit’ that will guide them through installing a separately-purchased copy of the Apple software. “

    I disagree with the article that states, “avoiding a conflict with Apple’s Software License Agreement” and “The company itself would absolve itself of responsibility and put the focus on the user”. It appears to me that by Open Tech advertising and providing the kit, the company is breaching the EULA, too.

  4. Interesting to see that these crude cloning schemes are coming in as the Mac’s market share really begins to take off. Obviously these companies can see which way things are going to go in the next few years and are desperate to set up something that resembles the current PC market.

    They’re so desperate to get a piece of the OSX action that they really think that can succeed in getting a foot in the door where hopeful Dell and the others have all failed so far.

    Expect to see more of this type of thing as Apple computers and OSs begin to enter a golden age.

  5. There is no EULA with engines. Once you purchase an engine, or any other car part, you can do pretty much anything (legal) you want with it. Customizing cars has gone on since the beginning of cars. You own the car. You own the parts.

    Apple’s requirement that you agree not to install their software on anything else than an Apple computer seems to be without much precedent. They could lose this one in court, which is why they are threatening to put a smoldering hole in the ground where Psystar used to be, but will probably settle out of court for terms that wont be disclosed. You just never know what’s going to happen in court.

    Don’t think that Dell or somebody isn’t behind this.

  6. They can offer plenty of disadvantages, but where is the advantage, unless you are a person who likes to build cars from junkyard parts.
    Have done it, it can be done well if you are willing to spend $20,000 to build a $10,000 car.
    Been there, done that.

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