updated 10:55 am EST, Mon February 16, 2009
PearC maker unafraid
HyperMegaNet is not worried about any legal threats from Apple, according to company spokesman Dirk Bloessl. The German builder is currently selling the PearC line, a series of PCs which have the option of Mac OS X Leopard as an alternative to Windows; Leopard's EULA strictly forbids installing the OS on non-Apple hardware. Should Apple initiate a lawsuit, Bloessl notes that HyperMegaNet will first try to settle outside of court. "But if necessary," Bloessl adds, "we are not afraid of going to court with Apple."
Apple's primary legal obstacle is said to be the availability of the EULA, as it can only be read after someone has already bought Leopard, or a Mac with the OS pre-installed. German law dictates that restrictions cannot be imposed after a product has been sold, according to Bloessl. The point could thus render Leopard's license agreement entirely meaningless within Germany, permitting unhindered Mac cloning.
Apple is currently embroiled in legal entanglements with Psystar, an American clone builder. While EULAs can be enforced within the US, Psystar has launched a countersuit, accusing Apple of pushing copyright provisions too far in order to prevent legitimate competition. Barring an early settlement, the Psystar case is only scheduled to go to trial November 9th.