Adult conversation about this whole EULA issue.

[Lando]

There is a EULA on both 3.5 and 3.9 (in the license directory on the CD - it's an AmigaGuide file)

It says you are allowed to install and use the software on "one single Amiga-labelled or Amiga-licensed computer at a time", also that you must not distribute it across a network, use it in a nuclear power station, air traffic control situation, etc...

Anyone using AmigaOS 3.5 or 3.9 under emulation (eg. on a PC, Mac, or Pegasos), is breaking the EULA, UNLESS they are using it on an AmigaOne running linux (as this is an Amiga-licensed computer) or they are using the OS 3.9 that came with Amithlon / AmigaOS XL (as this version has a modified EULA to allow use on non-Amiga branded computers).

So, if you are running UAE, and want to keep Bill McEwen happy, you would be well advised to stick to WB3.1.

Or, you could just ignore him.

Personally I'll carry on using AmigaOS 3.9 on my Mac running MaxUAE, and maybe my Pegasos too when I get around to it.

I paid for the damn OS and I'm gonna use it.

[Lando]

lempkee wrote:
whats the story on...

i went and bought mac osX today , i dont have a mac but the people in the shop didnt ask me either.

will i break the eula if i did this?

Yes.

I bought a retail boxed copy of OS X Jaguar too (I also  have another copy that came with my iMac).  

The staff in the Apple Centre where I bought it didnt ask for proof that I owned a Mac, didn't even ask if I owned a Mac.  If they had asked, I would have told them that  I'm going to install and run it under Mac-On-Linux on my Pegasos.

Along with using Amiga OS3.9 on my Mac and Pegasos under UAE, this makes two EULA's I have broken.  Shame on me. :-D

[Lando]

"This license allows you to install or operate the Amiga Software only on a computer system that had a version of Amiga OS installed on it at the time you acquired such computer system."

Ahh.. I didn't see that part.  This means it's also in breach of the EULA to use AmigaOS on the AmigaOne running UAE under Linux, unless you bought a pre-cofigured system from a dealer with everything already installed.

[Lando]

olegil wrote:
Well, I can still honestly say I don't see where he's threatening end users about suing for breach of EULA. Come on, noone would be that stupid.

Well why bother "reminding users" about the terms of the EULA in his statement if they have no intention of enforcing it?

It's just more pathetic posturing in a knee-jerk reaction to Genesi's announcement.

On the other hand, Genesi are marketing an OS3.9 bundle with no license.

No they aren't.  They paid for all the copies of OS3.9.  They can sell them to whoever they wish, in whatever way they wish.  I can go to vesalia.de right now and order a Pegasos board with a copy of OS3.9.  Are they also despicable?

Must be a reason why Genesi aren't bundling OSX, eh?

Because more people want AmigaOS?

But AmigaInc aren't as strong as Apple, so who cares if Genesi screw them, right?

First of all, Amiga gets no money from AmigaOS 3.5 or 3.9.  It is H&P's product and it is up to them to enforce the EULA.  In no way are Amiga Inc being screwed.  If they are to enforce the EULA then everyone using AmigaOS 3.5+ under emulation is breaking the EULA, including people with AmigaOnes running UAE, PC's running UAE, Macs running UAE, and Pegasos's running UAE.

If Genesi were screwing them (which they aren't) you're right, probably nobody would care, considering the number of people Amiga Inc has screwed in recent months / years.

If Bill McEwen mentioning the fact that there is such a statement in the EULA is dispicable,

I wouldn't say it was despicable.  Just rather desperate, pathetic, petty and irrelevant.  

I would say Genesi bundling with no license is horrible. No matter if it was paid for or not, they are actively tricking users into breaching an EULA,

Nobody is tricking anyone.

one that might very well be legally binding in the users home country. Do tell me how this is such a good idea?

Personally I don't think it's a good idea at all.  I don't think anyone using MorphOS would have the slightest interest in running an inferior OS on their machines, and if they did they've probably got a copy of 3.5 or 3.9 left over from their Amiga.  Bundling it is rather pointless.

[Lando]

Belial6 wrote:
Correct me if I'm wrong, but doesn't your PC become a licensed amiga computer if you buy Amiga Forever?  The fact that their is an OS layer between the hardware and AmigaOS shouldn't make a difference.

Thus, any machine running Amiga Forever IS a licensed Amiga computer.

The EULA also prohibits AmigaOS from being installed and used on a computer that didn't have Amiga OS installed on it when you bought it.  

Unless the PC already had AmigaOS installed when you bought it, you're still breaking the EULA.  This also includes AmgaOnes that come pre-installed with Linux.  To install UAE and run OS3.5 or 3.9 would be in breach of the EULA.

[Lando]

Hammer wrote:

It's a stupid EULA, of course, but any AmigaOne owners running AmigaOS 3.5 or 3.9 on it under UAE are breaking the licensing conditions - which automatically invalidates the license according to the EULA itself.

Note that, both Amiga Forever  (bundled with WinUAE) and AmigaOne (bundled with PPC Linux UAE) has a valid license from Amiga Inc…

A valid license for what?

What does the license say? "This license allows you to break Haage & Partner's EULA for AmigaOS3.5 and 3.9?"

Can you scan (or type) it in?

[Lando]

What does the license say? "This license allows you to break Haage & Partner's EULA for AmigaOS3.5 and 3.9?"

Can you scan (or type) it in?

Refer to
 http://www.amigaforever.com/faq.html
http://www.cloanto.com/kb/3-114.html

There is no reference there to the AmigaOS 3.5 and 3.9 EULA.

Amiga Forever 5.3 comes with preinstalled AmigaOS 3.1 setup.

Irrelevant.  The AmigaOS 3.5 and 3.9 EULA's state that your computer must be an Amiga-labelled or licensed computer, and must have had AmigaOS already installed when you bought it.

Using any OS other than the 3.1 on AmigaForever is a breach of the EULA.  Likewise using them on AmigaOnes purchased with Linux pre-installed or as bare boards.

Of course, Cloanto could negotiate with Haage & partner to get a new version of OS3.9 with the EULA restrictions removed  (like the one for Amithlon / AmigaOS XL).

Likewise, Amiga Inc (or Eyetech) could come to some arrangement with H&P to get a version that allows AmigaOne owners to install it.

Until then, they are breaking the EULA.  It's as simple as that.