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Apple Legal May Be Collecting Evidence


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#61
sheepdog43

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I'm kinda torn on the issue... there's no question in anyone's mind that what we are doing here is 100% illegal piracy... not the talking about the OS, but actually downloading and installing it. So, what's Apple to do? They could easily crack down on this site, bring people like deadmoo and Maxxuss to court, and win every single case. So the question on everyone's lips is: why haven't they? Judging from what I've read/my own twisted logic, they are biding their time. They see that we are fully able to kick the {censored} out of their current security, and they want to see how. Let us all break their OS, then fix it.


I think that Maxxus, Deadmoo and others are safe.


A court will frown on the fact that Apple has waited so long to try and stop it. Waiting this long, means they did not care enough to bother.

With I.P., copywrite, patents and such, as soon as you see an infringement you have to go and protect it or you lose the ability to do so later.

Basically Apple looks likw a fool waiting this long to drag them in because basically, the cat is out of the bag. Larger companies know this. Apple basically missed their chance. As for the next release, I would expect them to start playing hardball the closer we got to release date.




Which fortunately (unfortunately?) this means they expected it to be leaked and used it as a test. face it, it is a crippled O.S. and always will be. Especially after Apples announcement.

However if I were a developer who had just spent weeks/months making compatible binaries only to have Apple say "sorry, we changed it, start over, I would be PISSED. Apple wasted a lot of peoples time and money doing that.

Treating developers like that is NOT a way to get them to write code for your system. Not that Apple has never shot vendors in the foot before (ATI).

I wonder how many lockers Gates and Jobs were shoved into in school.

#62
zhLilDoggi

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i feel that at the moment, what is happening on this website is great for apple. people are cracking osx to run on our computers and they can see what is happening and make security tougher and more effective on the final release.


Thats what everybody feels, eh?

#63
jdm2005

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OSX86Project (the whole site) is serving as the "home page" for several modifications which potentially (and in Apple Legal's mind, do) violate the DMCA. The forums are not what will get this site sued, it's the WiKi pages that serve as the readme files for the cracks that will.

Apple Legal can only send C&D's for forum contents, but they can sue if the site is supporting and furthering work that breaks the TPM's authenticity checks.


Think again. The EULA clause tying MacOS to Apple hardware is invalid. Have a look at DMCA §117:

http://www.copyright...2chap1.html#117

$ 117. Limitations on exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of Copy. - Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner

#64
spacerunner75

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$ 117. Limitations on exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of Copy. - Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner

BOOM! Is that it? The missing point here?

Pretend this: I go and buy a windows XP licence. I cant run this on a (example) Sun workstation. What if Sun makes a driver / patch package which I can download for free and it enables my legally bought copy of Microsoft Windows to run on a Sun workstation? Could Microsoft do anything? Guess not according to this article.

To be honest, I dont like the apple idea. I understand it but I dont like. Oh man, imagine Microsoft had done that. Taking the biggest and best parts of open source (like POSIX), add a shell and sell this as WINDOWS LXE. The world would go crazy instantly and you bet someone would sue them.

#65
quixos

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to get back on topic, weren't we all receiving pm's from lazy desperados before this hoohaw?

#66
Mactel4SSE2

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reminds me of napster vs metallica... first metallica went for napster, then went for almost all the end users. it was ridiculous, but it taught me to never put things past the "Big boys"... they got plenty o money to play with, and people still buy metallica albums.

anyway, yes I'm new here. I'm running 10.4.1 right now, currently working on upgrade.

hardware:
1.6ghz P4 (not quite fine wine, it's got some age on it)
1gb 266mhz DDR memory
200gb and 80gb 7200rpm harddisks
SB Extigy (not working yet)
Suse linux, Windows MCE, and ofcourse, (you guessed it, I won't implicate myself)
8x DVD+/-RW (thanks to Herrie's firmware page for the - addition)
1500/128 DSL
SMC 10/100 card (internet works perfectly)
NVidia MX440 64mb

Suprised it works so well with all this dated hardware

#67
kernalzero

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§ 117. Limitations on exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of Copy. — Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

:D

Ok, I'm not a lawyer but does this basically say; I have the right to take legally owned software (OS X) and 'adapt' it (apply patches) for 'a machine' (my custom built pseudo-mac) to use/run??? It can't be that simple, just go out to a staples, or order it directly from apple.com and be legally allowed to run osx our intel/amd based systems. Also, has anyone noticed you can't buy Mac OSX for intel based apple's yet? You can only order 10.4.3 for powerpc based systems. Does that prevent the use of this limitations on exclusion rights as a defense? Is this a way around this exclusion since you can't legally purchase this software, without purchasing the hardware right now (i assume until 10.5 leopard is released)??? Not trying to be a pain in the ass, just playing devils advocate here.

#68
bluedragon1971

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The flaw in this reasoning is that this law applies to copyright, not to usage licenses. It's the license to use the software (which you agree to by opening/installing the program) that legally prevents you from installing OS X on generic hardware, not copyright law (the current lack of a legal way of purchasing the software notwithstanding).

That being said, several courts have ruled that "click-wrap" licenses cannot be enforced, so depending on your location, this may or may not apply to you.

Suprised it works so well with all this dated hardware


Hell, OS X runs fairly well on an old 500Mhz G3 with 256MB of RAM, so long as you aren't doing much beyond e-mail and web browsing or listening to music.

#69
Aerosense

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An apple a day keeps the doctor away...lol

#70
Icebreaker

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Would it be legal for M$ to have a clause that said you cannot install Windows on other PCs than Dells e.g.?

I´m just not so sure that it is legal of Apple to prohibit people to install the software on generic PCs... at least I doubt that the French would accept if the issue would be brought to courts...

#71
kernalzero

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Would it be legal for M$ to have a clause that said you cannot install Windows on other PCs than Dells e.g.?

I´m just not so sure that it is legal of Apple to prohibit people to install the software on generic PCs... at least I doubt that the French would accept if the issue would be brought to courts...



I seriously doubt bill gates and M$ really care what system you install their operating system on just aslong as you buy it and don't pirate it. If you go to the store and buy their system, you can put it on a car stereo if you want to...just don't release the source code...they'd be pissed if you did that!

As far as Apple, I hope you're right and it gets thrown out of court if it went. In the US I'm not so sure it would go that way. Here if you have a ton of money, things tend to go your way

#72
romaincs

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What about sending Universal kext files ? is it legal ? :blink:





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