Declining to commit an (apparently) illegal act is itself an ethical position.
Katherine
Well… yes. I think my posts never really indicated my opinion on the “if” someone should or should not respect DRM/EULA other than indicating that I stopped looking at hackingtosh over the issue. The fact remains that, regardless of moral positions, the act of creating a hackintosh is factually against the law. Creating one outside the acceptable use as indicated by EULA is committing a criminal act.
Just like speeding is an actual “crime” in legal terms.
As to the ethics of it… I refrain from further comment on that front.
Interesting discussion…
That’s essentially what one has to do, if one wants to watch a DVD in Linux. Granted, the situation with libdvdcss is a bit more complicated than running a version of OSX on hardware that wasn’t intended to run OSX. (And I believe there was a court case in the early 2000’s that discussed the issue.)
This argument seems to be similar to the controversy with WINE. (Essentially a replacement API for WIndows that can be compiled for either OSX or various 'nixes.) Some companies expressly forbid using WINE to run their software. (I generally give them a pass, even if they have Linux ports of things.) Others turn a blind eye, but won’t support it. Others are openly encouraging (Blizzard will toss WINE’s devs a head’s up if something breaks WINE, ArenaNet uses WINE bottles, among others. SWTOR has a thread stickied on their forums for getting SWTOR running under Linux/OSX.) It’s far easier to vote with one’s wallet for the companies who’re using DRM/licensing schemes I can abide by and abstain from those who I can’t.
I guess, for me, if a company is hell-bent on locking me out of things, I’m more likely to give them the finger and put my money elsewhere. I don’t play MMO’s with HackShield or the like. The Avenger’s DVD has DRM on it that will only play on a computer with Windows Media player, so it went back. (Even though we do have a Windows box here and the DVD was on sale.)
Netflix is another gray area. I used to need WINE, pipelight, and a user agent switcher to stream it. Is it an ethical violation to do that? They could’ve easily locked me out of it, and I wouldn’t have much cause to complain. They also happily took my $8. Some people would argue it’s a black and white issue, with me being in the wrong. Others, not so much.
But don’t mind me. I’m the Slackware-using quasi-software-anarchist. 
I’m not sure the apples are all apples here.
If a company (say Blizzard) openly supports wine then the only issue is wine ok by MS? Given the widely publicized existence of wine and the lack of push back from MS there is an implied “eh… whatever” attitude from MS. What’s the legal problem here?
Even a dev team that says “whatever, but you are on your own” leaves no real legal issue.
The key difference is when someone says “no” and you broke the seal on the EULA. Once you are in there you have a problem. Legally.
Not saying right or wrong. Just the legal stuff as it’s been beaten into my skull.
I am not a lawyer, and definitely not qualified to argue the fine points of EULAs and the law. But violating a EULA is a breach of contract, not a criminal act.
Katherine
Like if I’d gone and broken the DRM on the Avengers DVD anyway? I guess I’m at a point in my life where if it’s more effort to play the thing than it was to purchase it, it’s not something I really need. Ethically, I don’t have a problem with people breaking DRM schemes on things they actually own. However, I do realize it’s not a legal thing to do.
Although isn’t this all moot? I didn’t think one could purchase a copy of OSX anymore without an actual Apple computer. And isn’t EULA/ToS breaking a civil matter? (Standard disclaimer that I’m not even close to a lawyer, have only been called for jury duty in states I don’t reside in, and your mileage may vary.)
It depends. It can only be a breach of contract if there is a contract (which there isn’t necessarily if you didn’t pay or provide other consideration, nor will there be one if the contract is deemed void or voidable by a court, and individual terms can be struck out if they are deemed unfair, which some jurisdictions have done with some of Apple’s “terms” on hardware - eg hailbreaking an iPhone). Breach of contract, like other civil actions typically requires the claimant to prove loss as well.
If you haven’t paid, then you can be up for IP infringement which depending on the jurisdiction and nature of the infringement may be criminally prosecutable (ie, theft) without establishing loss. You could also be up for this even if there is a valid contract depending on the nature of the breach.
In other words, there are a lot of variables and a lot of potential outcomes, one of which could be that you lose in a way that could (depending on what you do for a living) cost you your job.
The legal fees to check you precise circumstances, especially given the inherent uncertainty until the terms are tested by another case on similar facts in your jurisdiction, will be more than the marginal cost of buying a Mac.
Oh, and final comment: this is not legal advice (and you shouldn’t take legal advice from Internet forums).
Per the long lecture we were given, EULA is civil, but there are laws around DRM and encryption. All the EULAs I have read invoke various laws as applying to the consumer.
As others have said I will repeat as applying to me as well… I’m not a lawyer.
So, just to be clear at this point, the general consensus is:
IANAL!
[size=50]And thank goodness for that.[/size]
I didn’t say I wasn’t a lawyer.
Ahhh ah! The plot thickens … or, to quote Alice, “Curiouser and curiouser.” Hmmm…… 
I should point out that I didn’t say I was a lawyer either.
And even if you were a lawyer, the jurisdiction would have to match. 
This is beginning to feel … vic-k-ish. I’m not saying i’m not a lawyer, but I’m not saying I am a lawyer but I’m not saying I’ve only got one mind twixt the ear lobes…
Ahh … matching jurisdictions do you mean, as in coordinated haute couture, or coordinated decor ? 
or mix-n-match candy/sweeties?
Not a lawyer, either. Or a witch. I do, in fact, float. I’m not made of wood, however.
Yes!
However, if by violating that EULA you also violate DMCA…then it is.
I look at it this way. I legally purchased the copy of OS/X I installed on a Hac - no stealing involved. I just chose to install it on a PC I built up. I did it just as a technical challenge.
I’m seriously doubting Apple give a rat’s about it.
That said, I’ve since upgraded my MacBook Pro to a special build Retina 15", Airs for wife and one daughter, 15" Pro for another not to mention iPads and iPhones all around. I’m waiting to hear Keith’s report on the Macbook, to see if it could be a better bet than using an iPad for Scrivener.
The first act of building the Hac may have been questionable under the EULA, however it has resulted in many times more money for Apple as a result of the experience. The Hac only gets fired up from time to time now.