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Fun fact: the macOS EULA^ contains a "bug" in section 2.B and section 2.B.(iii) that technically precludes 99% of people from running macOS VMs: the EULA does n

by 1f60c 2y ago

Fun fact: the macOS EULA^ contains a "bug" in section 2.B and section 2.B.(iii) that technically precludes 99% of people from running macOS VMs: the EULA does not stipulate any other download mechanisms than directly through the Mac App Store, even though System Settings has been the dominant source of updates for some time. ^ https://www.apple.com/legal/sla/docs/macOSSonoma.pdf https://www.apple.com/legal/sla/docs/macOSSonoma.pdf

ChrisMarshallNY 2y ago
Wouldn't surprise me if the source for the updates is the same engine that supplies the App Store.
heartbreak 2y ago
Wouldn’t that be covered by “or through an automatic download”? Regardless, OS upgrades have been done via the Mac App Store and not System Settings for nearly a decade now.
- lxgr 2y ago
  Don't they get pushed via System Settings some time after a major update has been released (usually when the first or second dot release is out)?
traceroute66 2y ago
> Fun fact: the macOS EULA^ contains a "bug" ... Disclaimer: IANAL, just someone who's work has at many times involved working alongside lawyers drafting contracts. As always, the problem most armchair legal "experts" forget is you have to consider the agreement in front of you as a whole (and also in the broader context of the contract's jurisdiction). You can't go cherry picking individual clauses. In your case, we can easily prove your "bug" claim to be erroneous ... 1. We start with the very area you highlight. There are a number of things I could comment on here. But let's stick to one ... note the references to "Apple Software", note in particular the capital letters. This means "Apple Software" is a defined term. 2. All we then need to do is look back and we find the origin of "Apple Software", which is on page 1, the very first clause, 1A. Its a chunky old clause but the TL;DR is its telling you the license agreement applies, both the current version ("Original Apple Software”) as well as any future versions (“Apple Software Changes”) in whatever form they may take ("whether preinstalled on Apple-branded hardware, on internal storage, on removable media, on disk, in read only memory, on any other media or in any other form"). 3. Clause 2, as its title suggests, is mostly concerned about "Permitted License Uses and Restrictions". The "how you got the software that is subject to these permitted uses" is, I'd say, largely dealt with in the original definition of Apple Software.

by 1f60c 2y ago

ChrisMarshallNY 2y ago

Wouldn't surprise me if the source for the updates is the same engine that supplies the App Store.

heartbreak 2y ago

Wouldn’t that be covered by “or through an automatic download”? Regardless, OS upgrades have been done via the Mac App Store and not System Settings for nearly a decade now.

lxgr 2y ago
Don't they get pushed via System Settings some time after a major update has been released (usually when the first or second dot release is out)?

traceroute66 2y ago

> Fun fact: the macOS EULA^ contains a "bug" ... Disclaimer: IANAL, just someone who's work has at many times involved working alongside lawyers drafting contracts. As always, the problem most armchair legal "experts" forget is you have to consider the agreement in front of you as a whole (and also in the broader context of the contract's jurisdiction). You can't go cherry picking individual clauses. In your case, we can easily prove your "bug" claim to be erroneous ... 1. We start with the very area you highlight. There are a number of things I could comment on here. But let's stick to one ... note the references to "Apple Software", note in particular the capital letters. This means "Apple Software" is a defined term. 2. All we then need to do is look back and we find the origin of "Apple Software", which is on page 1, the very first clause, 1A. Its a chunky old clause but the TL;DR is its telling you the license agreement applies, both the current version ("Original Apple Software”) as well as any future versions (“Apple Software Changes”) in whatever form they may take ("whether preinstalled on Apple-branded hardware, on internal storage, on removable media, on disk, in read only memory, on any other media or in any other form"). 3. Clause 2, as its title suggests, is mostly concerned about "Permitted License Uses and Restrictions". The "how you got the software that is subject to these permitted uses" is, I'd say, largely dealt with in the original definition of Apple Software.