Kay C Lan wrote:
On Wed, Sep 12, 2012 at 9:24 PM, Richard Gaskin wrote:
That's one question, and it may be interesting to see how it plays out if
Apple ever enforces the "Apple branded hardware" clause in their EULA.
Why is it assumed that Apple must be the one to go to court to enforce
it's rule.
I used Apple as an example only because it was the subject of Richmond's
original post. If there's another OS vendor who also makes their own
hardware and prohibits use of the OS on other hardware the same
principle would apply.
There may be other cases less specifically relevant, like the Nintendo
game cartridge suit being waged throughout the world. But as I noted
earlier, aside from one anomalous victory for a cloner in France most
jurisdictions have sided with Nintendo.
Personally I don't see a lot of productive value in attempting to force
people to take my money. It's just and OS and in the 21st century OSes
are commodities, certainly enough to choose from that we needn't spend
much time complaining about not having an OS to use.
If the EULA is so horribly unethical then why isn't there are groundswell
of anti-EULA sentiment. It certainly worked for the Focebook ToCs that
caused a public outcry last year, and they were subsequently changed. Apple
had a similar episode with it's iBooks EULA and it was subsequently changed.
Yes, that was my point. The EULA may stand at least in part because
it's untested, and it's untested because almost no one cares.
The only people affected are those with the skills to be able to install
OS X on non-Apple-branded hardware, and most of those have already
chosen a different OS whose EULA doesn't attempt to prevent them from
running it so we're really only talking about a very small subset of a
subset of the computer market.
For myself, when I build a custom machine I'd rather use an OS from a
vendor who actually wants me to install it on that machine, and in
return I'll support that vendor and those who make apps for that OS.
I can get an immediately useful result that way, allowing me to get to
work far more easily than kvetching about a vendor who doesn't want me
to use their software.
--
Richard Gaskin
Fourth World
LiveCode training and consulting: http://www.fourthworld.com
Webzine for LiveCode developers: http://www.LiveCodeJournal.com
Follow me on Twitter: http://twitter.com/FourthWorldSys
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