On 2007-10-08 Dave Schroeder wrote:
> On Oct 8, 2007, at 8:33 AM, Dave Schroeder wrote:
>>>> Also, Mac OS X and Mac OS X Server is only legally licensed for use
>>>> on Apple-branded hardware.
>>>
>>> Not true for at least Germany.
>>
>> Can you please post a link to or the text of the German version of
>> the Mac OS X/Mac OS X Server license agreement?
>
> Answered my own question:
>
> 2. Nutzung und Beschränkungen.
> A. Mac OS X Server Software. Der Lizenzgeber erteilt Ihnen hiermit
> das Recht zur Installation und Benutzung einer Kopie
> der Mac OS X Server Software ("Mac OS X Server Software") auf jeweils
> einem Apple Computer.
>
> <http://images.apple.com/legal/sla/docs/macosxserver104.pdf>
>
> 2. Nutzung und Beschränkungen.
> A. Der Lizenzgeber erteilt Ihnen hiermit das Recht zur Installation
> und Benutzung einer Kopie der Apple Software auf jeweils einem Apple
> computer.
>
> <http://images.apple.com/legal/sla/docs/macosx104.pdf>
>
> Looks pretty clear to me.
Yeah. Only the claims Apple makes here don't mean anything at all,
because they don't become effective under German jurisdiction. This
matter is covered by §§ 305 ff. BGB (German civil law).
> Now, if you're claiming that German law doesn't allow this
> prohibition, you can also make that argument in various ways in many
> other jurisdictions.
I know only about the German laws covering this matter. Other
jurisdictions may or may not see things the same way, but I don't know
about that. That's why I wrote "at least".
> Hobbyists and hackers all over the world have Mac OS X running on
> non-Apple hardware. That doesn't mean that it still isn't prohibited,
It certainly isn't prohibited here, because Apple's claims don't have
any legal background. It's basically wishful (Dan would say "wooly")
thinking.
> and no one is going to make a business out of supporting it.
Apple would have a hard time to try and enforce this in Germany.
> On the virtualization front, no reputable company is going to make a
> business or product out of something that may be prohibited by
> Apple's own license agreement. That's already how one US and one
> Russian virtualization company have interpreted it, and that's how
> others will interpret it as well.
I was specifically talking about German jurisdiction, where this claim
is still wrong.
Regards
Ansgar Wiechers
--
"Another option [for defragmentation] is to back up your important files,
erase the hard disk, then reinstall Mac OS X and your backed up files."
--http://docs.info.apple.com/article.html?artnum=25668
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