openbook nano - Gizmodo

posts about #openbooknano more →
Openbook Nano Review: The Lazy Man's Hackintosh Netbook

Your version of Internet Explorer is not supported. Please upgrade to the most recent version in order to view comments.

Dsmvwl Admin Promote to frontpage Approve user Ban user ×

Andyr2120
08/25/09

In reply to Openbook Nano Review: The Lazy Man's Hackintosh Netbook
I'm not so sure that this is literally illegal. Yes, an Apple lawyer would say that. And it is entirely possible/likely that the operation could be shut down using said lawyers. But there's a difference between violating the EULA/terms of use and operating illegally. There's no certainty to your statement until there is a court case.

Matter of fact, it might be easier to prove that Giz has just defamed this kid's company.
Reply

Andyr2120 was starred Andyr2120 was unstarred

srdailey
08/25/09

@Andyr2120: again, what are the odds that this kid is shelling out $120 a pop for the copy of leopard on each machine? i'd say slim.
Reply

Voyou_Charmant promoted this comment srdailey was starred srdailey was unstarred

Voyou_Charmant
08/25/09

@srdailey: I guess you're more of a guilty until proven innocent man?
Reply

Voyou_Charmant was starred Voyou_Charmant was unstarred

srdailey
08/25/09

@Voyou_Charmant: look at the prices he was offering. i highly doubt he managed a wholesale discount from apple.
Reply

srdailey was starred srdailey was unstarred

MarcusMaximus
08/25/09

In reply to Openbook Nano Review: The Lazy Man's Hackintosh Netbook
Hmm, this brings up a good point. If I sell my laptop do I have to uninstall everything, since otherwise I'm selling someone else's IP? Meaning that if I want to sell it I need to completely reformat the harddrive and have no OS installed on it first?
Reply

Mark Wilson approved this comment MarcusMaximus was starred MarcusMaximus was unstarred

HeartBurnKid: Agent of R.O.A.C.H.
08/25/09

@MarcusMaximus: If you can provide licenses for all the software, there's no reason to have to sell it with no OS on it. Unlike what the software companies would like you to believe, you can transfer your licenses to another person. Doctrine of First Sale is a bitch.
Reply

Voyou_Charmant promoted this comment

Voyou_Charmant
08/25/09

@HeartBurnKid: Agent of R.O.A.C.H.:

It really isn't that cut and dry.

In a more recent case involving software EULA's and first-sale rights Davidson & Associates v. Internet Gateway Inc (2004)[1], the first sale reasoning of the Softman court was challenged, with the court ruling "The first sale doctrine is only triggered by an actual sale. Accordingly, a copyright owner does not forfeit his right of distribution by entering into a licensing agreement." However, the point was moot as the court found the plaintiff's EULA, which prohibited resale, was binding on the defendants because "The defendants .. expressly consented to the terms of the EULA and Terms of Use by clicking 'I Agree' and 'Agree.'"

[en.wikipedia.org]
Reply

Voyou_Charmant was starred Voyou_Charmant was unstarred

Justin Paulson
08/25/09

In reply to Openbook Nano Review: The Lazy Man's Hackintosh Netbook
Can someone explain to me the reasoning for apple not allowing OS X installs on non-apple devices? Couldn't they sell a ton more software? Do they just think it will canabalize hardware sales? Is it a customer service issue, with callers complaining about functionality on their non-apple hardware? What's the big deal exactly?

I'm sure plenty of people would still spring for the apple hardware even if they could put OS X on another machine legally. It is possible, and quite easy, to do it illegally now, so why do they think this will hurt them so much?
Reply

(Starman) AnalysisDialysis promoted this comment Justin Paulson was starred Justin Paulson was unstarred

(Starman) Starman
08/25/09

@Justinpaulson: It's called "OEM licensing."
Reply

(Starman) Starman was starred

En0s1
08/25/09

In reply to Openbook Nano Review: The Lazy Man's Hackintosh Netbook
Release the hounds! Steve... nail the bastard.

Sorry, if it were his own for home use fine; but once you start selling things that don't belong to you... well that's just wrong.
Reply

HeartBurnKid: Agent of R.O.A.C.H. promoted this comment En0s1 was starred En0s1 was unstarred

HeartBurnKid: Agent of R.O.A.C.H.
08/25/09

@En0s0ne... even that damned dog gets a Gold Star: I'm still unclear on the concept of how a $200 piece of software that you paid for "doesn't belong to you".
Reply

Kaiser-Machead
08/25/09

@HeartBurnKid: Agent of R.O.A.C.H.: You own the software to the extent of being able to fully enjoy its functions for as long as it and the hardware it runs on lasts, but you do not own the intellectual rights or limitless freedom to resell it.
Reply

Kaiser-Machead was starred Kaiser-Machead was unstarred

Dillinger23
08/25/09

@HeartBurnKid: Agent of R.O.A.C.H.: Why wont Blockbuster rent me movies and allow me to set up a table outside of their store to then sell those movies that they rented me. Technically they are mine currently.
Reply

HeartBurnKid: Agent of R.O.A.C.H. promoted this comment Dillinger23 was starred Dillinger23 was unstarred

UnderLoK
08/25/09

@HeartBurnKid: Agent of R.O.A.C.H.: You don't own the software, you own a license to USE the software within the terms of the EULA.
Reply

UnderLoK was starred UnderLoK was unstarred

HeartBurnKid: Agent of R.O.A.C.H.
08/25/09

@Dillinger23: I am absolutely free to sell the discs I rent from Blockbuster. I'm just accountable for them when I'm due to return them in 3 days' time.
Reply

HeartBurnKid: Agent of R.O.A.C.H.
08/25/09

@Kaiser-Machead: That's where you're wrong. I may not own intellectual rights, but I sure as hell do have the freedom to resell it. Doctrine of First Sale is a bitch.
Reply

the name is dan
08/25/09

In reply to Openbook Nano Review: The Lazy Man's Hackintosh Netbook
Yet again I'm all cool with someone doing it at home. Whatever.
But whoever does it for a profit on some one else's IP deserves some proverbial kick in the sack, not this kind of promo.
Reply

Nick: I love Nick promoted this comment the name is dan was starred the name is dan was unstarred

Justin Paulson
08/25/09

@danradu: What if he was purchasing a copy of OS X for every single install? How is he breaking any ethical code outside of breaking a EULA. He is still compensating Apple for the IP.
Reply

Kaiser-Machead promoted this comment Justin Paulson was starred Justin Paulson was unstarred

Nick
08/25/09

@danradu: you're an idiot.
Reply

Nick was starred Nick was unstarred

otus
08/25/09

@danradu: so, Apple makes money from selling the OS, MSI makes money from selling the netbook, and this kid makes a tiny bit of money for doing the work to to make the two work together. Everything is bought legally, yet everyone here is just fine with Apple throwing the book at him?
Reply

Kaiser-Machead promoted this comment otus was starred otus was unstarred

Kaiser-Machead
08/25/09

@Justinpaulson: I suspect that the same disc is being used over and over again, which would make the most sense, and be the most cost effective. Of course, this has yet to be seen.
Reply

Edited by Kaiser-Machead at 08/25/09 1:32 PM Kaiser-Machead was starred Kaiser-Machead was unstarred

the name is dan
08/25/09

@Nick: I love Nick: whatever dude :)
Reply

the name is dan was starred the name is dan was unstarred

the name is dan
08/25/09

@Justinpaulson: what if I'm selling you a discounted something I paid much money to make so you sign up to my service or sell you this hardware thing?
I'd be very unhappy if you broke my trust and our agreement and sold it for a profit, repeatedly, in a way I hadn't intended when we shook hands.

I'm not sure we can know for sure what Apple considers fair compensation for the IP.

You're right, maybe he does buy the copy but the numbers don't add up.
Reply

the name is dan was starred the name is dan was unstarred

Justin Paulson
08/25/09

@dan.radu: I think the numbers DO add up, especially if he is getting 5 licenses for 129 dollars. That's only 26 dollars per laptop, 74 dollars profit. If I bought something from you and resold it for more that would be called good business. It wouldn't matter if you were unhappy or not.
Reply

Justin Paulson was starred Justin Paulson was unstarred

Kaiser-Machead
08/25/09

@otus: It's not that simple. You also need to be a licensed reseller to dole out this product, and if this person is not selling a sealed copy of OS X along with every MSI, then he's likely just copying the disc over and over again onto each netbook, which is straight piracy.
Reply

Kaiser-Machead was starred Kaiser-Machead was unstarred

Michael Edmunds
08/25/09

In reply to Openbook Nano Review: The Lazy Man's Hackintosh Netbook
That poor kid.
Reply

amandizzle promoted this comment Michael Edmunds was starred Michael Edmunds was unstarred

amandizzle
08/25/09

@Michael Edmunds: He gets an 'A' for effort though!

It's just too bad it's not, you know, legal.
Reply

amandizzle was starred amandizzle was unstarred

amandizzle
08/25/09

@Visioned: You know, I was going to add something along those lines to my comment... but if the kid were advertising that he had a grow-op he'd be boned too.

Moral of the story is this: you can smoke a bowl and make a hackintosh in private and be okay. It's when you start spreading the word that it becomes a problem. You dig?
Reply

amandizzle promoted this comment amandizzle was starred amandizzle was unstarred

wetworker
08/25/09

@amandizzle: All is legal until 5.0 shows up.
Reply

Kaiser-Machead promoted this comment wetworker was starred wetworker was unstarred

Earlier discussions Other discussions Show all discussions Show featured discussions only Start a new discussion

#openbooknano

Gizmodo

Gizmodo Team

SUBSCRIBE TO Gizmodo

Openbook Nano Review: The Lazy Man's Hackintosh Netbook

Login

Reset Password

Register

Submit Your Comment