14 DAY TRIAL // Word on the web has it that Psystar's EULA (that's right, they have one) is all you need to convince yourself that the Mac cloner is a phony all the way. The company doesn't actually want to free the world of proprietary software (you didn't honestly think that was true, did you?), but just needs to cover its own back, while selling products achieved through hard work by others.
Groklaw allegedly got hold of Psystar's very own EULA, the Psystar Public License, version 1.0, saying “This is for all you 'freedom lovers' who got it in your heads that Psystar was fighting against EULAs.” According to the report, a reader sent in Psystar's EULA, which began as follows:
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
So, users have to agree to Psystar's terms or they can't use the software. With that out of the way...
1. General; Definitions. This License applies to any program or other work, which Psystar Corporation ("Psystar") makes publicly available and which contains a notice placed by Psystar identifying such program or work as "Original Code" and stating that it is subject to the terms of this Psystar Public License version 1.0 ("License"). As used in this License.
All signs point to YES - Psystar has proprietary software that it doesn't share with the world. And that's not all Psystar is hiding from you. Another paragraph states that Psystar has patents, and it only shares them freely up to a point. Also note that Psystar's current status isn't in too much accordance with the part mentioning “infringement,”
1.1 "Applicable Patent Rights" mean: (a) in the case where Psystar is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Psystar and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
One more excerpt and then we're off to cover another topic (you may read the lengthy analysis of Psystar's EULA at the source mentioned above).
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Psystar retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Psystar ("Psystar Modifications"), and such Psystar Modifications will not be automatically subject to this License. Psystar may, at its sole discretion, choose to license such Psystar Modifications under this License, or on different terms from those contained in this License, or may choose not to license them at all....
So, basically, Psystar is enjoying its position with all the rights it is currently entitled to (whichever those are), but reserves the right to not license its products, if it doesn't want to. To us, the whole EULA sounds like Psystar is saying: “If this holds, ok, if not, then come what may...”
How are you getting it all?