Originally Posted by aaarrrgggh
So, if I go to an Apple store and purchase a copy of OS X then what do I have? No where on the box does it say that this is an "upgrade" from a previous version as is done in the Windows world. The EULA is the only thing that attempts to tie it to Apple hardware.
I fully agree that the user experience of purchasing an Apple branded computer to run OS X will be better than running said software on a hackintosh. Apple has not claimed that this is their concern-- that companies like Pystar diminish the value of their brand by providing systems that do not live up to the Apple Standard. There might be some meat to that argument though.
I am in no way an apologist for Pystar, but at the same time I would love to see a challenge to the idea that a customer can be forced to enter into a contract after a sale is made or not be able to use the software or get a refund. Common-sense EULAs are one thing (even the "no warranty" crap), but today they have gotten out of hand as a class.
Once you buy OS X, yes you can take it home and do whatever the hell you want with it; you can install it on an hackintosh if you want, use it as a coaster....whatever. Apple has never tried to stop the hackintosh home industry, but Apple will not provide support for your hackintosh computer and they can not be forced, legally, to provide support for hackintoshes.
People have been hacking Apple's OS for years, in their own homes and in an underground, free environment. The problem with Phystar is they are selling to a mass market a non-licensed version of the Mac OS and that is illegal.
Once you buy a bottle of Coke a cola you can take it home and do whatever you want with it, drink it, pour it into different bottles, spray it on your lawn, who cares. But if you pour it into a different bottle, and then SELL it to someone else that is illegal.
It's similar to buying stock photography, if I buy a photo from istockphoto.com I can use that photo for anything I want, as long as I am not selling a reproduction of that photo to someone else. If I slap that photo on a T-shirt and then sell that T-shirt I need a special extended license to do so.
It's the same with Phystar. It's illegal for them to SELL a computer with the Max OSX installed, they don't have the license to do that and Apple does not have to provide them with a special license to do so. End of story.