Originally Posted by g3pro
So you are saying that I, after having legally purchased a retail copy of Mac OS X, must follow exactly what Apple wants, and I am not allowed to make any modifications, even in the privacy of my own home? You are wrong about that.
No it isn't. It's called the right to private property.
Yes you can. You simply can not copy the original and distribute copies of it, whether for free or for sale. You are able to transfer ownership of the property however if only one copy is being used.
No, you don't even know what intellectual property rights are when it comes to this. You are saying that it is ILLEGAL for a customer of a music CD to import their music into iTunes because it is against the EULA of the CD. Which, of course, is simply not true.
Yes, it DOES matter if Psystar actually purchased the copies of Mac OS X. If only one copy is in use per computer, then Psystar is not guilty of copyright infringement. In other words, there is no intellectual property rights problem in question. It comes down to EULA, which have been shown to be worth nothing in court.
From section 117 of the US Copyright Code
(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.— Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.
What it is saying is that you are allow to make an exact copy of your software for archival purpose (back up) and a copy for the purpose of using it on your machine (computer). The copy in your machine is an adaptation of the original. It has been modified to make it work on your specific machine (computer). You are allow to make modification of the original. Even if those modifications are not expressly allowed by the copyright owner. Providing those modifications are for the sole purpose of getting the software to work on your specific machine (computer).
What is not allow is the sale (or transfer) of that modified copy of the original that is in your machine (computer). Not even it you give up the original copy and the machine (computer) it's on. You must have the authorization of the original copyright owner in order to transfer any adaptation.
Dell, Sony, HP, Acer, etc., CAN NOT sell their computers with a copy of MS Windows pre-installed in their computers WITHOUT MS authorization. Even though they provide you an original copy with each computer sold. The copy in their machine is an adaptation. They must seek (and pay for) a license from MS to do so.
If you buy a computer from Dell, Sony, HP, Acer, etc., and resell it. You must return MS Windows (and any other modified software) to the way it was when you bought the computer. You are not allow to sell your computer with any modification (adaptation) done to the original software. Unless you have authorization from of original copyright owner.
It doesn't matter if you bought an original copy of the software. You are NEVER the copyright owner. You only own the physical media it's on.
Psystar if in violation of Copyright Laws because they are selling an adaptation copy of OSX in their machines (computers). Apple did not give them any authorization to sell or transfer an adaptation copy of OSX.