This is going to be interesting! Apple, maker of computers, software, and consumer electronic devices, is suing Psystar, a retailer of computers.
Why? For a seemingly very good reason. I use the word seemingly for the same reason why I think this case is going to be so interesting. As far I am aware, Apple's case is built upon the "End User's License Agreement", (EULA) which as far as I know, has never been tried in a court of law.
When consumers buy a Mac, they are also provided with software. The software is protected by copyright, and the user is provided with a license, contingent upon their agreement with the EULA, which states that they are not allowed to use the software on any machines other than those manufactured by Apple. I *think* Psystar might have been installing the operating system on some of the non-Apple machines they were installing, and that I believe would be an act which could be stopped by an act of law.
But what about the machines which were just sold the software along with a machine which had been tested and confirmed to work with the software? Was Psystar encouraging consumers to break the EULA? Is Psystar guilty of copyright infringement? I don't think that they actually copied the software, they were reselling it, which I believe is totally legal, and has been well founding over several court battles.
But back to the EULA - how enforceable is it? And does a breach of the agreement constitute copyright infringement? What if Apple loses and Psystar wins? In that case, Apple not only looses against Psystar, but every other company out there wanting to sell Mac clones.
Remember - Apple uses a ton of open source software in their operating system. Only portions of it does Apple retain the copyright for. Not that it makes a difference in the legal matters at hand, its just interesting to consider.
What do you think?