14 DAY TRIAL // German company PearC manufactures and sells Mac clones. Just like Psystar (who is currently fighting Apple on legal grounds), the company ships computers capable of running Mac OS X, and even pre-installs the OS on its machines.
News broke out a couple of weeks ago that another Mac cloner was in business. That cloner was PearC. The company, owned by HyperMegaNet UG, sells three types of computers capable of running Mac OS X, ranging from a 499 Euros "Starter" system to a more expensive "Advanced" configuration. The PC maker told Macworld UK on Friday that it was ready to face Apple in court anytime.
"First, we try to settle with Apple out of court," said Dirk Bloessl, a spokesman for HyperMegaNet UG, the Wolfsburg, Germany-based company that sells Mac clones under the PearC brand. "But if necessary, we are not afraid of going to court with Apple." Apple has not contacted PearC or the mother company (HyperMegaNet), but "We are awaiting some soon," Bloessl said in an e-mail.
PearC, who advertises its clones as “the PC with Mac OS X,” has found out that Apple's EULA is void in Germany. Apple's EULA specifically states that no other systems than Apple's are allowed to run OS X. HyperMegaNet has argued on its Web site that it believes it is immune from Apple's legal attacks. However, Bloessl later reiterated that stance, saying "The German law says explicit[ly], that restrictions made after buying a product are not valid," he said. "So, because Apple's EULA can [only] be first read after buying and starting the setup, they are invalid in Germany."
The situation here is very similar to that of Psystar, who has recently been allowed to forward new filings in its ongoing legal battle with Apple. The judge handling the case said that, should Psystar's antitrust claims stand, not only they but more companies manufacturing clones may be allowed to sell PCs with OS X pre-installed on them.
According to the Macworld report, Apple could not be reached for comments on PearC selling computers pre-installed with Mac OS X.