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To: John Valentine
Neither you nor I nor Psystar nor anyone else can "buy" OSX from Apple.

You can order here and have a copy of OS X delivered to your doorstep. That is your copy just as if you'd bought a book at your local bookstore.

Copyright law controls what you can do with your copy of OS X. Apple's attempt to grab more rights than copyright grants them through an adhesion contract is a different matter. But there are many terms in licenses that have been overruled due to the rights holder overstepping his bounds on copyright.

One problem with EULAs is that we still leave it up to disagreeing courts to decide where rights holders overstep for most of their egregious terms. The Supreme Court hasn't weighed in, and Congress hasn't directly addressed the issue. However, some states define your purchase of software under the UCC as a purchase of a consumer item, not a license. Considering EULAs as contracts, other states have enacted laws specifically to override portions of EULAs, especially the choice of forum provision. The latter prevents companies from suing in their states where the judges and laws are friendly to them.

199 posted on 12/17/2009 1:42:59 PM PST by antiRepublicrat
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To: antiRepublicrat
That is your copy just as if you'd bought a book at your local bookstore.

No it isn't. The book does not come with a license you must agree to before starting to read it. If such a book does exist, and it might, it would be a very notable exception that would make it more like software and less like a book. But to equate ownership of OSX to ownership of a book is incorrect and misleading.

Sorry.

208 posted on 12/17/2009 3:15:21 PM PST by John Valentine
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