Posted on 12/15/2009 11:16:26 PM PST by Swordmaker
They have? Where? Show us.
“They have? Where? Show us.”
In their marketing materials, they define their product as something other than a “PC”.
Another bastardization of copyright.
Whatever way you look at this, it has nothing to do with exclusively Apple and its computers and software. I mean, if a company is formed and it makes machines and software within a market segment and that turns out to be how that company is able to do business to compete with others in the field -- then I don't see the overall structure of the "system" (of how computer software is marketed and licensed/sold) to be the problem of that company.
This is an entire industry and that's the way it operates. So, that's not really Apple's problem...
Personally, in regards to that (being actually bought or simply licensed) -- I don't care because it hasn't made one whit of difference to me in practice... :-)
” “Fair Use” was always strictly limited and Software Licenses were always law. “
Hardly.
“You can’t just make a copy of someone’s software and just use it without paying and claim “fair use.””
Where is ANYONE saying it would be fine to do this? Even Psystar wasn’t doing this!
“The law, as far as licensing of software goes, has always made a distinction between a “sale” and a “license” when discussing the “doctrine of first sale,””
Which is an incorrect distinction.
Usually you just violate it without knowing. Try actually reading a EULA sometime. They can be downright scary.
Some Microsoft EULAs say you "may not without Microsoft's prior written approval disclose to any third party the results of any benchmark test." Claria says you can't even use a packet sniffer on your computer. And they get worse.
In their marketing materials, they define their product as something other than a “PC”.
Oh... you silly goose... that's what you're talking about... LOL...
Apple means "PC" as that trashware system called Windows...
Just look at their commercials... you know "I'm a PC" -- "I'm a Mac".... :-)
Apple is letting you know that they're not a trashware PC... Mac is not that, at all...
It's like telling a joke that someone "doesn't get" -- it's no fun anymore, if you don't get it... LOL...
Usually you just violate it without knowing. Try actually reading a EULA sometime. They can be downright scary.
You're probably right... LOL... I guess I don't get scared about what I don't know on a EULA :-)
But, really..., there's stuff that can be enforced and then there's stuff that can't be enforced. And then I think there's stuff that they won't even bother with, but it makes lawyers happy...
They were buying UPGRADE retail licenses and installing them on bare machines... as initial installs. Try doing that with Windows and see how far MS would let them go. And yes, they were found to have been distributing multiple copies of a single licensed copy as well. Your posts seem to imply that violating a legal contract was fine and legal.
OS X is sold apart from Apple branded computers.
So what?! Gasoline is sold to power automobiles and lawnmowers and go-karts. It can also be used in arson to burn down buildings... that does not make that last use legal.
That a judge ruled does not make the judge right.
Uh, until overruled by a higher court, yes, it does. And since Judge Alsup's rulings is backed by years of prior rulings in very similar cases all saying essentially the same things, nor, since Psystar does not have the $1,333,000 to post as bond to appeal in this case, I don't think he will be overruled.
“Apple markets their computers in the computer area of the market.”
So, that’s why their advertising places a distinction between “Macs” and “personal computers”.
“Sorry, the fact that Apple wants their hardware made a certain way by certain companies is precisely the same choice that all companies have that make their own hardware to sell... :-)”
This has what to do with “anti-competitive practices”?
“Well, you may know those types over in the “Windows world” but those who have come over to the Mac OS X and Apple hardware happen to be the ones who are happy to be enabled to do more with their machines/hardware and software.”
I suppose if one’s needs are limited... then an Apple would be adequate.
“These super productive geeks that come over (but they’re not the only ones; the average consumers do, too...) — those geeks really appreciate the increased productivity they get out of the Macintosh hardware... :-)”
Ah, “super productive”... Uh huh....
“Ummmm..., not the trash hardware I’ve seen out there... sorry to disappoint you.”
Apple’s products are made by the same companies in Asia using the same chipsets from Intel. You confuse industrial design with manufacturing.
“You can comfort yourself with your own self-delusions, while the former Windows geeks and consumers come over to the Macintosh in droves... :-)”
Lemmings will do as they will. Personally, a computer is a tool. Nothing more. It is not a lifestyle. You think having limited choices as to hardware makes you more empowered.... I find that amusing.
Of course, I’m an actual engineer, not a “geek” fanboy. What do I know.
“Uh, until overruled by a higher court, yes, it does.”
No, it doesn’t. Not even remotely.
Until you get sued, and people have been sued.
I’m always “late to the game” on that one... :-)
I just checked.
Your point?
Well, I can imagine so... but at the same time, I can’t imagine an average and ordinary user getting sued for doing normal and ordinary stuff with their computer...
I guess I’m just too ordinary to get sued that way, or else, these companies are going to started suing a whole lot of consumers about now... :-)
But, wouldn’t that start being bad for their “sales” if they did that?? LOL...
But the hardware you do get is soooo much better.
I converted a couple years ago, and I think it says a lot for the quality of Apple systems that I like the products so much even though I disagree with Apple on most legal fronts.
Like you say, it's a tool, and I don't let my ideology get in the way of me using the best one.
You’ve heard the phrase, if you have to ask you can’t afford it... LOL...
Well, if you have to ask (here), you can’t comprehend it... :-)
“However, Apple does have the right to refuse to support OS X on non-Apple platforms. “
They absolutely can refuse support for non-Apple hardware.
“You use OS X on non-Apple platforms at your own risk, or the clone company has to invest in its own support infrastructure.”
Yep.
I’ve been burned on the whole “license transfer” thing over the years on some pretty expensive software. The whole concept and abuse of copyright laws by software companies - as if their industry was special - has had me steamed for a long time. Constitutional copyright protection was not meant to grant the holder ALL power in perpetuity.
I’ve read EULAs. blech
“But the hardware you do get is soooo much better.”
It’s the same. The same chipsets. The same boards. The same panels.
“Well, if you have to ask (here), you can’t comprehend it... :-)”
Let me guess:
One’s join date is used frequently as an ad hominem approach to stifle arguments? Is that about right?
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