The legal battle between Apple and Mac clone creator Psystar isn't over yet, but Psystar may have indeed been dealt a fatal blow with the recent court decision that favored Apple. The judge ruled that Psystar's primary defense -- that Apple was misused its copyright of its own software -- didn't hold water. The case will resume in court next month, when Apple can seek an injunction against Psystar and its Mac clone products and shut them down, possibly for good.
But while the Psystar saga may be coming to an end, the battle will continue to rage on as "Hackintosh" efforts continue. So what does the court ruling mean for the debate about copyright protection, EULA restrictions, DMCA law and digital property rights?
Personally, I'd love to be able to replace the copy of Windows Vista on my PC with OS X (but only if I could still play PC games on the system). I've long favored Mac's operating system over Windows. And I think it's a mistake for Apple to not at least explore licensing OS X to run on PCs. But if they want to be stubborn and restrictive, well, it's their software and its their right to be proprietary. Case closed.
But the demand for OS X on PCs is apparently growing, and if folks can buy PCs with preloaded versions of OS X on them, then they'll just find software tools to circumvent the install restrictions (Psystar and others have already released tools that do just that, although tinkering with OS X can ruin your PC hardware). I've read and heard a lot of negative reactions toward Apple in this case. They sympathize with Psystar and wonder why, if I've legally purchased a software product, can't I install that product on the machine of my choice? What about my rights as a software owner?
I certainly understand these feelings, but I suppose the bottom line is that you are not actually buying software -- you are licensing it. And you are agreeing to the terms of the end user license agreement. Cumbersome? Without a doubt. Annoyingly restrictive? For sure. But is it illegal? Is Apple really misusing its copyright power by determining where OS X can run and where it can't, as Psystar claimed?
I'm not a lawyer, so I don't know. But judging by the scores of computer enthusiasts raging about the court's decision in this case, it seems like a lot of folks -- both PC and Mac fans -- are befuddled by the law and enraging that their power is so severely limited by Big Bad Apple.
But doesn't Apple have the right to make its own decisions regarding its products? In the same way Google can give its products away for free and let anyone download or use them, Apple is taking a more restrictive route. And it makes sense when you think about the dangers of producing and distributing software in today's world. Software piracy is prevalent, and so is hacking and modding. Apple wants to retain control of what kind of machines its software runs on, and to that I can sympathize. I'd be terrified to create any kind of software development business, whether its an OS or a PC game, for fear that my products would be looted and my revenues cut in half -- or more.
And that's the catch: I suppose in this day and age, a company would be crazy to NOT have cumbersome and annoyingly restrictive software licenses. In any event Apple should be allowed to do what it wants with its products, and consumers should have the right to either agree to its terms or walk away. And at the end of the day, Apple should win its case against Psystar, lock, stock and barrel. If you created a software product and another company copied it, violated the EULA and began reselling it, you'd argue the same thing.