Amiga.org
Amiga computer related discussion => Amiga Hardware Issues and discussion => Topic started by: KThunder on July 21, 2003, 05:36:21 PM
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The reason Apple won't press anyone in the courts is because of the fact that in the US and most countries fair use laws prevent software publishers (OS Publishers as well) from stipulating wich hardware you use the product on. This is why emulation of amigaos on pcs and windows on macs etc. is legal. Most eulas have a disclamer usually toward the end, to the effect that state and federal laws may preempt or excempt certailn provisions of the eula .
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Well thats exactly the point, fair use, meaning you may use the product you bought anyhow you choose as long as you do not spread it.. And certainly not modify it and spread it.. Maybe were not so weird up north afterall..
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And don't forget that people have been running MacOS on Amigas for years, even using commercial solutions to get it to run! From the old Amax and emplant boards, through shapeshifter and fusion, right up to Mac on Linux today.
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Yeah.. poor darlings never realized they should have bought a real PC instead :-D
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First of all, now I have to take you to task for not understanding international law.
Fair use laws are mostly an american concept, most european countries do not have fair use exemptions from copyright laws. They do have some things, like the concept of 'personal use' that American do not have....but its different from 'fair use'
To the person who remembers Amax, that was before the DMCA. The DMCA is, of course, an american law.
This license can be enforced. The reason its not been in court is because Moto, Power, Umax and all the clone makers went away. They didn't challenge it in court, they just accepted it.
AmigaONE is rather small and not on the radar, yet....but make no mistake, in America, this is illegal and european laws are also very strict on IP offenses...in some ways more strict, in some ways less. They aren't exactly the same, but they are by no means lax.
Mac On Linux is not illegal, because Mac On Linux....hold onto your hats, RUNS ON REAL MACS.
99% of all people using MOL use it on their Apple branded hardware. Its only the tiniest of fraction of people who own AmigaOne's to run Linux, as compared to people who own real mac's. MOL since it is chiefly used in a legal way, is a legal product.
But when you put MOL on non-apple hardware, that is when the EULA is violated.
Plus don't forget, everything you are suggesting is fine for using Mac OS X means that you can do the same thing with Amiga OS 4.
Run Amiga OS 4 on a pegasos if you want...at least according to this logic. I don't agree with the logic, but no one has yet said a thing to distinguish Mac OS X and Amiga OS 4, if you can copy one, you can copy the other..
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It was easier back then when it was impossible to run proprierty software, especially amiga software, on other machines, cause there was so much hardware involved. Nowadays you can pretty much run anything anywhere.. Where's this going to end.. I don't know if this was sarcasm or what.. Just a thought..
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First of all, now I have to take you to task for not understanding international law.
Oh really? I'm waiting :¬)
Fair use laws are mostly an american concept, most european countries do not have fair use exemptions from copyright laws. They do have some things, like the concept of 'personal use' that American do not have....but its different from 'fair use'
Neither the USA, nor Europe, nor even USA+EU+Europe constitutes "the world". Besides, you are quite mistaken.
99% of all people using MOL use it on their Apple branded hardware. Its only the tiniest of fraction of people who own AmigaOne's to run Linux, as compared to people who own real mac's. MOL since it is chiefly used in a legal way, is a legal product.
Actually, I was looking just today. It specifically mentions success on Amigas.
But when you put MOL on non-apple hardware, that is when the EULA is violated.
In many places, no. The clauses that you claim are violated never constituted part of the agreement, since they never could be (unenforcable or illegal). It also is still not piracy.
Plus don't forget, everything you are suggesting is fine for using Mac OS X means that you can do the same thing with Amiga OS 4.
I think you are finally getting it... you did not think OS X and Apple were somehow special did you?
if you can copy one, you can copy the other..
Indeed, I can legally copy anything I like, so long I own a purchased copy and do not distribute it to those who do not. Another illegal act would using an OS on two separate machines, simultaneously, if the supplier stated that I may only use it on one. In this scenario though, I am free to purchase two and install and run from only one physical copy. It's mostly common sense.. you see, in most nations the law pretty much IS common sense.. this would by the USA is laughed at for its laws so often.
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Run Amiga OS 4 on a pegasos if you want...at least according to this logic. I don't agree with the logic, but no one has yet said a thing to distinguish Mac OS X and Amiga OS 4, if you can copy one, you can copy the other..
Who is talking about copying anything? *NOBODY* mentioned copying anything. Buying and installing MacOS X on an AmigaONE is not the same as copying it.
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Yeah.. poor darlings never realized they should have bought a real PC instead
What the hell is that supposed to mean?
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Thats also my degree of morals.. As long as you bougth the product you should be allowed to install it in your microwave oven if that'd be possible..
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Uhm Xeron, you aren't going to get it on there without copying it.
Or using the installer, which will copy over the necessary bits to get it on your machine.
You are doing so without a license. The license is for apple-branded machines, so you would be copying it to your non-apple machine without a license.
The question here, is some maintain, that they can write their own license in their country...an untrue statement.
But nevertheless, if you'll pay attention, that is the discussion.
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You bought a restricted license to install this on apple branded hardware.
You did not buy a product.
It says right on the EULA, the UK Eula to help you europeans take it more seriously...its says, this is a license, not a product.
The question is, when you buy a license to use a piece of software on apple branded hardware, can you grant yourself a license to use it on any hardware, can you grant yourself a server licence, can you grant yourself multiple licenses...just what can you grant yourself without any agreement on Apple's part?
Answer: nothing, you can buy it, or choose not to buy it.
But you all are repeating yourselves over and over again...I bought the CD......you all don't get it, thats just the media...its not what you are buying....
but what else can I say on that? nothing. You believe in piracy, and you have a few non-intellectual types of arguments to cover it in a very thin veil of legitimacy, but nothing really hard and fast.
OH by the way
@Gaidheal....
In some countries you can marry your sister, what do I care? In some countries female circumcision is the norm, is it right?
as far as your more recent points, I guess I just don't care.....sure piracy is legal in some countries, I'll give you that without even checking....it's not an intellectual defense of piracy.
As for Apple being special...UHMM you haven't gotten me quite yet. I don't think they are special at all, and i don't care about apple.
I just want all the Amiga, Inc fanzoids to admit they
pirate Mac OS X, and they are going to pirate OS 4
as well.
It will serve certain companies right, as they promote piracy of everyone' elses software but
their own.
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Look. If I buy Apple OS X, I'll install it on whatever I like, regardless of what the EULA says.
That is totally different to me buying Apple OS X, and then making copies for all my friends.
They are different things, that are governed by different laws. I think that the former is perfectly acceptable, and the latter totally unacceptable.
Most people take the term "piracy", to mean the latter, NOT the former. You, however, seem to apply the term to both, and conclude that because in your head piracy covers both actions, both are just as unacceptable.
I think you'll find the vast majority of people out there agree with my position on this. I'd certainly be very surprised if this isn't the case.
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@Xeron
Most people aren't very bright. It's another logical fallacy, to hope if most people agree with you that makes it OK.
When you buy a limited use license, you are not buying a product. If most people don't understand that, then most people are wrong.
You can't ignore the EULA, because the EULA is the *ENTIRITY OF WHAT YOU PURCHASED*
you purchased a license, so how can the license not be important?
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In some countries you can marry your sister, what do I care? In some countries female circumcision is the norm, is it right?
Well, you are the one who claimed you were merely interested in the lgality and not arguing the morality. Incidentally, No. (Female circumcision is a nonsense, but I know the practice you actually mean and know, it is not the norm, but does happen in some locations)
As for Amiga Inc fanboys... they have what to do with this? I think I see your angle now, it's a half arsed attempt at partisanship. Should have guessed, I suppose.
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What the hell is that supposed to mean?
Most people call it humour, Xeron. Most people can tell, as well :¬)
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Marktime, I hate to break this to you.. but..
It is not piracy to use the OS on any machine you like, complete with hacks if needed to make it work. It MAY break the EULA depending on location, though. However, it definitely does not here, since clauses which try and prevent "fair use" (i.e. I bought one copy, I use one copy, on any machine I can make it work on) are not enforcable. But better than that, because of your little favourite at the end, the disclaimer, they never even formed part of the agreed to EULA, because they were removed from it, by the licencor, by that disclaimer, if they were unenforcable, illegal or otherwise could not be made legal in the location where you bought the licence.
As for not being bright... not too bright to manage to miss these points, despite them being made to you by several people, in two threads.
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Ufff!
Same thread, but different name!
Tell him Gaidheal! Tell him! :-D
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One must not forget that everything that can be stuffed into an EULA regardless of its enforceable legality is often put into it simply to have it there for people to have conversations like this, and to attempt to get a few more peope to do things exactly as the company would prefer, an EULA is often simply packed with crap to be used as a deterrant.
To violate an EULA is not necessarily to break the law, it depends upon the laws in your country, and whether or not the EULA actually reflected something those laws enforce, also in some places, some EULAs would be considered essentially illegal except for the fact that the end user has agreed to them.
However, when you purchase a piece of software, at least in America, you have actually purchased the right to use it on ONE machine. A backup is considered acceptable, but a backup would not be installed on another machine(as this would be using it on 2 machines), it would have to be kept on some form of media, of course, these days even making a backup copy in some cases is illegal here.
The legality of purchasing an OS, and using it on a computer for which the EULA does not specify as 'acceptable hardware', is probably going to vary widely from country to country as to whether or not it is a legal or enforceable thing, I am not a copyright lawyer and could not tell you as such.
However, these days in America at least, modifying an OS so that it can be run on another machine could be interpreted as a violation of the DMCA which has some pretty rough associated punishments due to our retarded government that cares nothing for its people.
I would assume in America if the OS will install on its own onto the given hardware, that there's probably nothing the comapny can do about it, but if it has to be modified there will definitely be some trouble.
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Like buying a car which you must only drive on one particular roadstretch.. Who'd do that?
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@Gadhail,
Your constant repition does nothing to make your point. You accepted a license that stated you would use the software on apple branded hardware, and then you broke your word.
You are a liar. A dishonest person.
If you think its legal, you are wrong, but beyond the fact that its illegal, it goes to integrity.
Your word is worthless. You don't hold your contracts. there is no moral compass within you, that guides your actions beyond what you believe you can get away with...if you don't get caught, you'll do it.
Anyone doing business with you, does so at their own risk.
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Your constant repition does nothing to make your point. You accepted a license that stated you would use the software on apple branded hardware, and then you broke your word.
Nope. Firstly, my repetition is of refutations to you. If you don't like the repetition, stop repeating nonsense. Second, I accepted no such thing, having never owned an Apple and thus never broke any word. Much less the EULA which would never have bound me that anyway, in the UK.
You are a liar. A dishonest person.
Nope, and you saying it won't make it come true
If you think its legal, you are wrong, but beyond the fact that its illegal, it goes to integrity.
As above, no. You saying it will not make it true.
Your word is worthless. You don't hold your contracts. there is no moral compass within you, that guides your actions beyond what you believe you can get away with...if you don't get caught, you'll do it.
Yet more nonsense, especially as you have no way of knowing even the barest details about my morality or even my personal life :¬)
Anyone doing business with you, does so at their own risk.
Anyone doing business with anyone, does so at their own risk.. even to you that must be obvious. The phrase is "caveat emptor" - "Buyer beware". Incidentally, a name for people who abide solely by this is "Yankee traders" - telling, no?
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@Marktime
I am sure that it's a matter of interpretation. People have other opinions than yours based on their interpretation of the subject.
Licensing laws are complicated and I am sure some parts would not "stick" when challenged in court.
Now calling someone untrustworthy and a liar just for putting forward his side of the argument seems like a personal attack.
Just my 2 pence worth
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@GadgetMaster:
Ach! Bored with him now anyway :¬) He either really does know nothing, or else he is just a troll. I suspect both actually, especially as he admits his intention was to try and start a flame war with "AmigaOS fanboys" over whether or not they use OS X.
So, actually going really ON topic.. does anyone like OS X and use it daily? I have seen it and briefly used it, was not TOO impressed, but possibly only because the interface was different to what I am used to. Thoughts?