PC EFI v8, the software used to load Leopard on PsyStar's OpenComputer, was created by Netkas and he says that the upstart Florida company causing all the ruckus is using his work without permission and against the terms of the app's license.
"That guy's said they sell computers with efi v8 emulator," says Netkas. "They forgot to mention [the] author of [the] emulator, so it looks like they made efi v8. So, this is violation of my authorship rights on pc efi v8."
Netkas quotes the PC EFI v8 license to further bolster his claim:
Redistribution and use in binary form for direct or indirect commercial purposes, with or without modification, is stricktly forbidden.
That's pretty clear—permission wasn't asked or given, proper attribution hasn't been given and the license bars commercial use.
However, given PsyStar's public contempt for Apple's Leopard EULA, which bars loadings the OS on third-party hardware, it seems rather unlikely that the Mac clone "maker" will respect Netkas' intentions or his license either.
Further, according to lawyers IGM quoted yesterday (Wired), legal avenues of recourse don't give Netkas, assuming he has the inclination and money to hire a lawyer, much power to stop Psystar.
...Ted Man, echos the point in saying, "Generally speaking, these user agreements are much weaker than other forms of litigation ... Companies make them as broad as possible, but there's no way to basically enforce them. It's a scare tactic, a way to say, hey, we're reserving all these rights."
So, is that it? Can PsyStar run roughshod over Apple and Netkas' rights with impunity?
As IGM reported yesterday, Apple could likely keep PsyStar tied up in court for years, which alone might prove fatal for the small company. Also, Apple likely has technical ways of blocking PsyStar at the OS level.
Given his (likely) lack of resources and the fundamental purpose of his software, perhaps Netkas' best and only recourse is stop making PC EFI...
What's your take?
- Having a Password Emergency Kit
- Corning announced Gorilla Glass 4
- Mythbusters explain Gorilla Glass
- Podcast: App Store Get vs Free, Pappy Van Winkle, CoD, Plus More!
- New Twelve South adjustable HiRise Deluxe matches your device
- Apple’s Eddie Cue goes shopping with Apple Pay
- OWC announces ThunderBay 4 mini portable Thunderbolt 2 RAID
- Video: Did you know your Mac is tracking all your downloads? Here's how to fix that.
- Site tracks Apple Stores replacing bent iPhones
- OWC announces 1 TB upgrades for MacBook Air
- Apple website deregisters iMessage on devices
- Trolling AirDrop
- Microsoft rolls out new iPhone Offices, updates for iPad
- Twelve South releases SurfacePad for iPhone 6/6 Plus
- Mac OS X Hints site future uncertain
- Jawbone UP3 adds on more sensors
- Macworld looks at Pioneer's CarPlay upgrade
- $99 iPhone 6 expected at Sam's Club
- Microsoft announces Office 2015, releases Updated Outlook
- Trent Reznor working on project for Apple
- Seth Rogan expected to play Woz in upcoming Steve Jobs movie
- Tim Cook on being gay
- Twelve South bring BookArc stand to Mac Pro
- Walgreens and Apple Pay
- Fitbit bring out three new fitness wristband
Browse and search for more articles