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Snow Leopard: In EULA we trust


Just before the release of Snow Leopard, Uncle Walt Mossberg did the unthinkable by writing that the $29 Leopard upgrade:
"will work properly on ...Tiger equipped Macs, so you can save the extra $140."
We reported that as well but didn't have all the facts verified at the time. Gizmodo likened Walt to a pirate and guessed that he'll have to apologize or at least clarify his position.

Now, after buying the family edition, I have done every sort of installation known to man and have the facts. It seems that Walt was right, but he didn't tell you the whole story. You can take the $29 upgrade disc and install it over Leopard, over Tiger, or over a freshly formatted hard drive. The disc doesn't care. Regardless of whether you pay $29, $49 or $169, you get the same disc with the same capabilities.

But just because you have a disc, if you use it for a purpose not intended upon purchase, you are breaking your agreement with Apple. The contents of the disc are the property of Apple and how that intellectual property is to be used is determined by the EULA (End User License Agreement) that you agree to before installation.

For each method of purchase the EULA is different. For the $169 package which includes iLife '09 and iWork '09 this is what you agree to:

"A. Single Use License. Subject to the terms and conditions of this License, unless you have purchased a Family Pack or Upgrade license for the Apple Software, you are granted a limited non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time."

Clear enough. You can use it on one computer. It doesn't say that you need any operating system to start with. I would assume that you can put it on as many hard disks as you want, as long as you only use those hard disks with one specified computer.
For the $229 Family Pack which also includes iLife '09 and iWork '09 here's what you are able to do according to the EULA.

"B. Family Pack License. If you have purchased a Family Pack license, then subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install, use and run one (1) copy of the Apple Software on up to a maximum of five (5) Apple-branded computers at a time as long as those computers are located in the same household and used by persons who occupy that same household. By "household" we mean a person or persons who share the same housing unit such as a home, apartment, mobile home or condominium, but shall also extend to student members who are primary residents of that household but residing at a separate on-campus location. The Family Pack License does not extend to business or commercial users."

Again, no previous operating system is required. You can install all three discs on five computers under the same provisions as the single user boxed set.

For the $49 Family Pack, and the $29 single user upgrade, you only get the Snow Leopard disc and can install under the following provisions:

"C. Leopard Upgrade Licenses. If you have purchased an Upgrade for Mac OS X Leopard license, then subject to the terms and conditions of this License, you are granted a limited nonexclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer as long as that computer has a properly licensed copy of Mac OS X Leopard already installed on it. If you have purchased a Family Pack Upgrade for Mac OS X Leopard license, then subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install, use and run one (1) copy of the Apple Software on up to a maximum of five (5) Apple-branded computers at a time as long as those computers are located in the same household (as defined above), are used by persons who occupy that same household, and each such computer has a properly licensed copy of Mac OS X Leopard already installed on it. The Family Pack Upgrade for Mac OS X Leopard License does not extend to business or commercial users."

The provisions are the same with one marked difference. For you to be in compliance, either your one or five computers, depending upon your purchase, are required to run a version of OS X 10.5.

When you click 'agree' you have fulfilled your part of the contract with Apple and agreed that you will do the right thing. Just because you can do more with the disc doesn't mean that you are legally allowed to do so.

Should Uncle Walt, and those that jumped on that bandwagon, be sanctioned or sued for giving out the secret password? Absolutely not. Mossberg, in doing his job as a reporter, reported on what he discovered. He did not say it was legal, or illegal, he did not say whether it was ethical or unethical. He reported, and a reporter reports.

Not following the EULA is breaking the contract that you willingly agreed to follow. If you do decide to go rogue on your own, are you going to get caught? Probably not, but that's not the point. The point is that Apple (and I would think the great majority of the world) expects people to act in an ethical manner and amazingly enough, most people do just that.

Apple has been selling five user Family Packs of its operating systems for as long as I can remember and never has one been copy protected or restricted in any way. As far as I can tell the Family Packs were the same disc as the single user disc.

This, I imagine, saves lots of money for Apple since they only have to press one disc. It also works well for the vast majority of Mac users who are different than we are. They can't name everyone who signed the case of the Apple ][GS. I can, and I'm sure that many of you can as well. The majority are are consumers, not hobbyists, fanatics or fanboys. If they want to upgrade, they buy what the nice person in the orange shirt suggests and are happy with their purchase.

For the rest of us, which I have to believe constitutes an infinitesimal fraction of the Macintosh user base, I would bet money that the great majority of those, in the know, also do the right thing. I wouldn't consider buying the $29 upgrade and putting it on my four Macs all running Leopard any more than I would consider shoplifting, which for all intents and purposes is the same thing.

So the dirty little secret is out and I'm sure it surprises no one. The next time you buy intellectual property, regardless of how it's packaged, read the EULA. For most of us this would be a first. I for one never read them. I just scroll down as fast as I can and click on 'agree' to get to the goodies, but perhaps this case will change things a bit. I wouldn't sign a contract I didn't read and maybe it's time for this behavior to filter down to intellectual property.

Let us know your feelings on this potentially sticky situation.

Just before the release of Snow Leopard, Uncle Walt Mossberg did the unthinkable by writing that the $29 Leopard upgrade: "will work...
 

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bruce clarke

As far as I'm concerned I bought the disc and put it on a NON Apple computer due to economics. After all I don't have money falling out of my asshole and cannot afford the cost of a Mac. Hell I can't even afford a new windoze OS. This Hackintosh gives me insight into whether or not to save up and make the purchase of a Mac. What I've seen thus far I will get one BUT it will be a while before that happens. People that criticize others for going against the EULA of major corporations should sit back and do a bit of thinking whether or not there are reasons why someone may "bend the rules" in the first place. One thing that is bothering me with this discussion on the morality of a Hackintosh or installing SL on a Mac that doesn't meet the criteria is if mac didn't want this to be done then why is it so damn easy to do?

April 29 2011 at 1:01 AM Report abuse rate up rate down Reply
Goatbutte

@78

and I cant stand people who are self righteous....EULAs are not legally binding, you need a lawyer to properly interpret them, are often easily modified to say something else, and are too long for most people to bother reading. I never read them and I feel finnnnee. I pay for it I can do whatever the hell I want with it including installing it as many times as I feel like it without being a "thief" as you say(though if one really liked the software it would be good to support it). You are out, self righteous joe six pack *closes door in face*

September 15 2010 at 9:48 AM Report abuse rate up rate down Reply
Josh

Are you legally obligated to read EULAs? I suspect that you aren't as that wouldn't really make sense considering that all that the company is interested in is that you agree to be bound by the terms of the agreement, and that is not contingent upon whether or not you actually read the agreement is it?

January 12 2010 at 2:23 PM Report abuse rate up rate down Reply
SingingChristmasCard.com

Family pack for me, then. I have a really nagging conscience.

October 20 2009 at 5:18 PM Report abuse rate up rate down Reply
Boywithaxe

What I found interesting is that with the Upgrade at least they provide you with two Apple Logo stickers. This defeats the purpose of using the "brand" Condition, because I can just stick that on my beige box (actually, it's greyish) and have an Apple branded computer. I have to admit I haven't read through all the comments, I couldn't be arsed. I just get sick of ppl going on about intellectual property and "the right thing". Business and morals do not mix. Apple has no right whatsoever to expect that its users will do the right thing and not use an upgrade copy for what it was not designed for. I have no moral objections to actually using that disc and installing SL on the PC. If I cared, but I don't. Oh and someone said, something about buying a box with the cd and owning it. They are right. We are the customers and we are the reason Apple still exists. They are at our bidding, not the other way around.

September 18 2009 at 11:55 PM Report abuse rate up rate down Reply
untmdsprt

So what if you didn't want the iLife and iWork software in the first place? Why should Tiger users be screwed over? They should have just marketed Snow Leopard as the four versions, with or without, and single or family.

Be glad Apple is not like Windows and you only have three chances in which to install the OS. I bought a legitimate version of Vista, and am extremely pissed that the serial number no longer works. I refuse to call their damn tech support from now on in the event I have to reinstall Windows. I for one actually like using my computer and will try something new.

BTW, I never bothered with upgrading any other Microsoft apps when I bought Snow Leopard.

September 12 2009 at 1:48 AM Report abuse rate up rate down Reply
Daniel

This article wrongly equates the Box Set with section A (Single Use License) of the EULA and the $29 retail box with section C (Upgrade) of the EULA. Nowhere in the EULA or on Apple's site does it say that the $29 retail box does not contain a Single Use License or that the $169 box set is the only way to purchase a Single Use License.

It just so happens that if you get the Box Set then you also get the i-apps, which many Tiger users may find useful. Note that it may also be appealing to Leopard users who upgraded from Tiger and are still using older versions of iLife/iWork.

Apple has used some creative marketing language to steer Tiger users toward buying the $169 "upgrade" (note use of the word upgrade in the description of the $169 SL Box Set). All versions of SL have been marketed as an "upgrade", and if you interpret the marketing language on Apple's site with the same legal framework within which you interpret the EULA then 10.5 Leopard users are the only ones who can legally "upgrade" to Snow Leopard and there is no way to legally "upgrade" from Tiger to Snow Leopard.

See this thread on the Apple support forums, especially the posts by R C-R, for more details: http://discussions.apple.com/thread.jspa?threadID=2142736&start=30&tstart=0

September 09 2009 at 11:01 AM Report abuse rate up rate down Reply
balls

Walt Mossberg is a shit bag for advocating people to purchase the upgrade even though they're not eligible for it.

I give Apple respect for not forcing bullshit draconian copy protection (ironic aint it?) on SL discs.

I suspect it's for the following reason: Apply makes the bulk of their money selling hardware. If I'm correct, it explains they're desire to shut down pystar, while giving a fuck less if you have tiger or leopard. Regardless, of which you have, you still bought a mac.

September 06 2009 at 8:05 PM Report abuse rate up rate down Reply
joe

"The rest of the quote doesn't matter"

That's exactly the point I'm making. Apple makes it crystal clear that the $29 deal is for upgrading from Leopard. Everywhere that they list the price, they list it as being for upgrades to Leopard.

Whether YOU think the rest doesn't matter isn't relevant. Nor is it an EULA issue. It is a matter of what Apple, as the seller, expects, and whether the buyer is making a fair, honest deal or is simply a crook trying to rip off Apple.

Apple is clear that $29 is for Leopard users. $169 is the price to upgrade from Tiger (including extra apps). There is absolutely no ambiguity about that at all in ANY of Apple's public information.

So are you an honest person making a fair trade ($29 for a Leopard upgrade only) or are you just being a whining, self-justifying crook?

Choose one.

September 04 2009 at 2:18 PM Report abuse rate up rate down Reply
joe

Let's include the REST of the quote:

"Mac OS X version 10.6 Snow Leopard will be available as an upgrade to Mac OS X version 10.5 Leopard in September 2009 through the Apple Store® (www.apple.com), Apple’s retail stores and Apple Authorized Resellers. The Snow Leopard single user license will be available for a suggested retail price of $29 (US) "

Read the first sentence. It clearly does NOT apply to Tiger.

September 04 2009 at 12:24 PM Report abuse rate up rate down Reply
1 reply to joe's comment
blueskies

Joe,

The rest of the quote doesn't matter, because the point of the quote is only to show that it is the Single Use license in the $29 box, not the Leopard Upgrade license (as defined in the EULA).

What then matters is what is in the EULA, which does not attach any pre-existing OS conditions to the Single Use licence.

All the rest is just marketing, and in terms of what is illegal/stealing and what is not, marketing is not relevant.

(I think I've gone on long enough, so I'll make this my last post here on the subject.)

September 04 2009 at 2:04 PM Report abuse rate up rate down Reply
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