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German Mac clone builder "not afraid" of Apple

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.




by MacNN Staff

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  1. b9robot

    Joined: Dec 1969

    -15

    EULA is posted BEFORE you

    EULA is posted BEFORE you INSTALL. And I don't believe it matters where it is. It still forbids use on anything other than a Macintosh. And Apple also has exclusive rights to sell it unless the company has written contract with Apple to do so.
    Two points that they SHOULD BE WORRIED ABOUT. But as the saying goes, STUPID IS AS STUPID DOES. There big words in print will not help them in court.

  1. Jonathan-Tanya

    Joined: Dec 1969

    +3

    install doesn't matter

    b9robot.

    The question is not when you install it, but when you buy it.

    Since you don't know German law, you had nothing to add to this story.

  1. Johnny Niles

    Joined: Dec 1969

    0

    EULA available pre-sale

    Apple's EULA for OS X is available to read on their web site before you even buy OS X. If HyperMegaNet pushes this, they will lose.

  1. Guest

    Joined: Dec 1969

    -2

    so....

    your saying german law allows to break any EULA from any company? Apple will prevail in this lawsuit when its filed. Guess german law allows this sort of stealing to produce jobs.

  1. rytc

    Joined: Dec 1969

    +6

    German law

    German law states that the rules of use must be clearly shown before the product is purchased and they can't then be altered. However, all this anti-German rhetoric unless anyone here actually knows the actual law is wasted breath. I find it hard to believe that no one has thought of this before which would suggest these people have nothing to stand on. Besides, knowingly selling things that break the EULA without informing the purchaser would to me suggest the person at fault would be the seller.

  1. jpellino

    Joined: Dec 1969

    0

    Precedent

    There was another German, name of Roy, who wasn't afraid of tigers. That didn't work out so well either.

  1. aaalexxx

    Joined: Dec 1969

    +4

    Windows OEM

    Hi there,

    fact is that certain portions of EULAs are now valid in Germany and other European countries. For example Microsoft Windows OEM versions. They come with your computer and are not to be sold separately, that's why the sticker is on the pc. However, as far as I know, German law says that, since you bought the software, you can do what you want with it. That's why many people sell OEM versions of MS Windows on eBay - scraped off sticker included.

    To me this seems quite similar to the "I sell a brand new computer and an original Mac OS with it"-story...

  1. Mr. Strat

    Joined: Dec 1969

    0

    Just what we need...

    Just what the market needs, more scam artists. I hope these guys end up bankrupt along with Psystar.

  1. Guest

    Joined: Dec 1969

    +3

    Apple is not helping

    Since Apple has seemingly abandoned the mac mini (ya, I know the update is coming. Heard that for years) and does not offer a less expensive desktop these companies are filling that need. Apple needs to take that market themselves.

  1. nativeNYer

    Joined: Dec 1969

    +3

    Legal or not

    Legal or not in Germany or elsewhere, the thing that bothers me most about companies like Psystar and HyperMegaNet (retarded name) is that none of these sham companies are remotely interested in advancing the Mac platform the way the legit cloners were back in the 90s. Sure, business is business and PowerComputing, DayStar, Umax and others were out to make money like all companies, but they at least had an interest in the Mac and seeing it grow. Remember, these companies signed on to make clones back in the dark days of Apple bleeding red. It was risky venture back then, but they had faith in it.

    These guys and Psystar are only attempting to cash in on the newfound popularity of the Mac platform, all the while trashing and bad mouthing Apple (in Psystar's case at least). Basically they are what I would call "fair weather crooks". If Apple suddenly went out of business tomorrow, they likely wouldn't shed a single tear, except that they would lose a potential revenue source. They'd just move on to ripping off some other companies IP to make a buck.

    So, whether they win or Psystar wins or both, we will see a dramatic change in the Mac platform from Apple. These jokers aren't considering the long term health of Apple Inc, only their short term monetary goals.

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