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by jballanc 5281 days ago
Hold on there. Psystar was attempting to sell copyrighted software in violation of a EULA by breaking encryption, which is specifically prohibited by the DMCA. I'm not saying that I agree with that specific case, but I think a great many open source advocates would take issue with you comparing the actions of Psystar with the desire to have a fork-able OS (which, BTW, OS X is).

Had Psystar sold computers with OpenDarwin running X, Apple wouldn't have batted an eye (couldn't, even, since it's all BSD).
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bad_user 5280 days ago
You cannot compare OpenDarwin + X with OS X. Come on ... none of the polish and mostly none of the applications working on it. It would be completely useless and it wouldn't be OS X.

Your argument is like saying Windows is open because ReactOS exists [1] or that you could say a Linux distribution + Wine is Windows. It's not.

And comparing to Android, you can distribute / sell Android devices, even with your own modifications to Android and Android is also "copyrighted" btw.

That's what open-source has always been about - the right to fork. You cannot fork OS X. You cannot fork iOS. You can certainly fork Android.

     in violation of a EULA by breaking encryption,
     which is specifically prohibited by the DMCA
You mentioned 2 separate issues here btw - is it either violation of an EULA, or breaking encryption? And how are these issues separate from the freedom to distribute it or from the freedom to fork it?

[1] http://www.reactos.org/en/index.html

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jballanc 5280 days ago
Android is much more open than OS X. No argument there.

But Psystar was never interested in a "fork". They merely wanted to make a profit by selling Apple's software on commodity hardware. Doing so was both in violation of the EULA (which forbade redistribution), and in violation of the DMCA which prohibits breaking encryption for the purpose of making a copy of copyrighted material. The EULA clause has not been tested in court (to my knowledge), and may not be valid. However, the DMCA prohibition on breaking encryption is well established. There is even a list of what encryption you are specifically allowed to break: http://www.loc.gov/today/pr/2010/10-169.html

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