Legality

4 June 2009

I've though long and hard on this subject, and even procrastinated writing this document because of the complexities involved. Let me first acknowledge that I am not a lawyer, nor am I skilled in legal code. You can either agree or disagree with me, there have been many on both sides of the issue. (This has also been the subject of many flame wars on the MyDellMini forums and elsewhere on the Intenet.) The point of this article is not to stir up controversy or to get hate mail, but I do feel like explaining some of my tactics.

Many good people ask the question, "Why does it have to be a Retail DVD, can't I just use the discs that came with my Mac/a friend's copy/a torrented disc/a 'slipstreamed' version/(insert your excuse here)." A somewhat valid question, since it is technically possible to use such discs. Technically being the keyword. As currently implemented, I have not written a guide on how to use any of the alternate discs for one reason: it is not legal.

And then, more often than not, there comes the retaliation: "But Apple says it's not legal! It's in the EULA! So if it's not legal anyway, why should I care?"

What a loaded question. So here's a loaded answer.

"But Apple says it's not legal!"

That's nice for Apple. I love the company's products and think they do a lot of good for the world. But they are not my legal authority. Yes, they have lawyers, and they craft a fancy EULA (End User License Agreement, I'll get to that later) for their products, but they really can't define the law for me. Only the government can do that.

"It's in the EULA!"

The End User License Agreement, or EULA as it is often called, is quite the document. You know all that text that goes on for many pages spewing out legal terms and other mumbo jumbo when you try to install software? That's the EULA. So what's in Apple's Mac OS X EULA that get's everyone so riled up?

You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.

Now that's potent. But this is also where all of the interpretation stuff comes in. What's an Apple-labled computer? What do they mean by enable? I'm sure the Apple lawyers have strong rebuttals to that, but what I am trying to say is that the EULA does not say this:

You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so, unless you are using a installing without a license or use a torrented copy for which you did not pay, then you are totally fine to do as you please.

Two wrongs do not make a legal right.

"So if it's not legal anyway, why should I care?"

Which brings me to my last point. I've already explained a little about my legal relationship with Apple and my rights as they so declare. But let's just ignore that for a moment, shall we?

You're walking along the road when someone jumps out from a dark alley and stabs you. Then, they take your wallet and make a run for it. The police find the evil-doer, and they are put on trial. The charges are brought against the defendents, and while he acknowledges that he stabbed you, he claims no responsibility for robbery, since he was already involved in an illegal act, thus negating his guilt for any subsequent crime.

That argument would not fly very well, and nor does it apply in this case. Two wrongs do not make a right, either in a stabbing or in the tech world. I'm not saying that I am in the clear because I bought a Retail DVD, but my case is a little stronger than Joe Torrent's.

Taking all of this into consideration, I in no way mean disrespect to Apple or it's products, and I try to show my support for Apple wherever I can, including purchasing the copy of Mac OS X that is installed controversially on my Dell Mini. In my personal opinion it is legal to do so, but ultimately that is something for the courts to decide. I would rather that Apple only change the EULA, since that wouldn't make it any easier to install on non-Mac hardware. Maybe in a perfect world...

The BottomLine

In closing, I can't define the legality of this based on opinion, but I will define something for you the reader. I draw a very hard line on this matter, in that you need to use a Retail copy of Mac OS X that is only to be installed on one computer at a given time. I can't stop you from finding a way to use any of the questionable discs, including torrents, OEM (restore), copies, and slipstreams. But I can refrain from helping you with your problems, and if I ever get a request for help for an alternate disc my first (and sometimes only) recommendation will be to get a Retail DVD. If we ever want Apple on our side, the least we can do is show support.

Legality Version 1.01

Also see "Why a Retail Disc? Paying for OS X, the EULA and You." at MyDellMini by fellow forum member CyG for more discussion about legal issues.