6 Replies Latest reply on Mar 11, 2009 9:12 AM by patpat

    Fusion  problem with Quartz  II

    patpat Enthusiast

      etung, let me answer, you closed the thread without reason.

       

      do you think I'm an Idiot? I"ve sent the log files and you tell me I was trying to hide something????

      you know, if you do not know how to solve the problem, or you feel a

      bit lazzy about finding a solution just say so, I'll understand....

       

       

       

       

       

      it's a matter of time; if Psystar wins you'll be forced to find a solution you like it or not...

      Thanks for your kind support.

        • 1. Re: Quartz Problem II
          WoodyZ Guru
          patpat wrote:

            it's a matter of time; if Psystar wins you'll be forced to find a solution you like it or not...

          Well they haven't won yet and until they do...

           

          Hackentosch's are not supported and you are violating the OS X SLA and VMware doesn't support the use of Fusion under this circumstance!

           

          (Apple - Legal) Hardware & Software Product Agreements

           

          The following is from the Mac OS X (Leopard) Software License (PDF)

           

          1. General. The software (including Boot ROM code), documentation and any fonts accompanying this License whether preinstalled on Apple-labeled hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software as licensed hereunder and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

           

          Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

           

          2. Permitted License Uses and Restrictions.

          A. Single Use. This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled 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.

          • 2. Re: Quartz Problem II
            patpat Enthusiast

             

            I've said I'm not going to argue about this but I think:

             

             

            1) Until Psystar wins or not I deserve some respect. do not close my threads, I'm not a criminal.

             

             

            2) There are people that think the ones that break the law are Mac peple writting just what you quoted...

             

             

             

             

             

            I think your company should take a more neutral position....

             

             

             

             

             

            • 3. Re: Quartz Problem II
              WoodyZ Guru
              patpat wrote:

              I've said I'm not going to argue about this but I think:

               

              I'm not going to argue it either as it plainly states what you agree to when using the license that accompanies the software.  It is plain and simple and doesn't need to be argued.  Until a court rules different the SLA is a legal and binding document because you agreed to it in order to install the software!

              • 4. Re: Quartz Problem II
                patpat Enthusiast

                 

                please remember an EULA or an SLA are not sanctioned by the congress nor they are mentioned on the bible either ...

                 

                 

                • 5. Re: Quartz Problem II
                  Badsah Expert

                  Patpat,

                   

                  That is irrelevant. We have our support policies, which have been made clear by others in this thread and the previous thread, and VMware doesn't support your configuration - end of story. Apple has their policies, and you had the

                  choice of not accepting the terms of their OS X SLA, therefore relinquishing the privilege of leasing their software.

                   

                  As for legalities, since you are being argumentative even as you keep repeating that you don't want to be argumentative, please indulge me as I spew what I learned in a Business Law class I took a long time ago, and in my Government degree classes in college (a VERY long time ago).  I love this stuff.  

                   

                  Contract law in the U.S. is governed by the Constitution, common law derived from English tradition, private law, and statutory law - mainly the Uniform Commercial Code (UCC).  Based on this, even an oral exchange of promises is legally binding, except in certain cases where statutes require written agreements.  Simply put, SLAs & EULAs are binding civil contracts between parties with proper standing & capacity that are enforceable in a court of law.  An SLA offers one of several remedies, such as those under copyright laws, for software vendors to act against users who fail to comply with the provisions of the agreement or meet their obligations to the vendor.  That may mean civil and/or criminal litigation, or termination or cancellation of the contract. Of course, you can always sue VMware and Apple.  However, no court in this country has ever ruled that SLAs are in generally improper and invalid, although there have been a few cases where particular SLAs were negated due to specific provisions.  I doubt you will find anything like that in our SLAs.

                   

                  Since you mention the U.S. Congress, realize that they have to defer to the Big Kahuna - the United States Constitution.  And in Article I of this esteemed document, you will find the Contract Clause that basically states that no legislature can pass a law that squashes contracts or contractual rights:

                  "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."

                   

                  I won't comment on the Bible.

                   

                  In short, I'm sorry, but this is the way things are, and you just have to accept it.  Prolonging this endless conversation will do no good to anyone.  So I am respectfully asking you to cease extending this thread.

                   

                  Thank you.

                   

                  Badsah

                   

                  ---

                   

                  Badsah Mukherji, Senior Community Manager

                  VMware Web Communities Team

                  • 6. Re: Quartz Problem II
                    patpat Enthusiast

                    Please do not mix things up....

                     

                    1) About VMWARE support,

                    VMWARE has the right to provide support on its products in the way you guys want but, VMWARE has not right to close my threads after calling me a criminal and lawbreaker.

                     

                    2) About private contracts.

                    A private contract, an unsigned private contract (Like an EULA or SLA), etc. are not the ultimate law, they are all constrained by a bigger legal frame.

                    If you and I signed a contract for robbing a bank, that contract is ILLEGAL and if we rob the bank as written and signed in the contract we'll both go to jail no matter what. And that cannot be consider impairing the Obligation of our Contract. I hope you get the metaphor.

                    your quote "No State shall enter into any Treaty, ..., or Law impairing the Obligation of Contracts,."  takes for granted we talk about "TOTALLY LEGAL CONTRACTS"...

                    Today is under discussion if Apple's SLA is totally legal or not, and it's a fact that Psystar can "legally" sell -T o d a y- Apple clones including legal copies of OSX. you like it or nor you  have to accept it....

                     

                     

                     

                    3)Bottom line

                    It’s up to you guys to provide FUSION support or not, but be careful breaking the law casting and/or endorsing written accusations about supposed criminal behavior;  today your company owes me an apology