Stop the Noiz
Is Making Your Own Hackintosh Legal?
Frank Fox - 2009.03.12 - Tip Jar
Popularity: 
With the latest model announcement from Apple, it seems that people are thinking more about building a "Hackintosh" than ever before. I can't say that I blame them.
I didn't get the mini tower that I wanted, and the upgraded Mac mini is nice at best. My problem with the mini is that I don't want to pay the laptop premium price to have small components in a desktop machine.
Is It Legal?
The question of Hackintosh legality depends on Apple's double whammy against clones, copyright, and EULA. I recently discussed the copyright aspect when I wrote about Psystar's amended claims. If you have time, click on the link for all the details.
Copyright Law
The key point of that article is that you are allowed to modify the original and resell it, but the DVD is the original, and no one is going to easily modify that.
The second point is that copyright law understands that for software to work, a copy has to be installed on a computer. It specifically allows for you to install a copy. There is even language in the law that allows for adaptation to get the software to work. Installing a copy on the computer of your choice probably does not break copyright law.
End User License Agreement
This is where Apple's EULA kicks in. They have you agree to a contract before running the software for the first time. That contact states that it can only be installed on Macintosh computers. To do anything else is a breach of contract. The only thing I see here is that breaking a contract is not the same as breaking a criminal law.
People break contracts all the time. It is neither a crime nor a sin. Sure, there can be penalties, but people don't generally end up in jail over breaking a contract. Penalties would generally include things like compensatory damages, consequential damages, attorney fees, etc. So by no means is breaking a contract a trivial thing, but it's not a crime.
The Digital Millennium Copyright Act
There is one final trick that Apple includes to protect itself. Apple uses encryption to give itself protection under the DMCA. Getting around this restriction can qualify as a crime, since a law has to be broken for the average person to get the decryption software to make an install work on generic hardware.
If you don't try to resell or pirate your copy of Mac OS X, your right to install legally purchased software is potentially valid. I'd love to see this issue addressed in court to find out what is allowed in this situation.
Psystar's Problem
These three things together make it rather tricky for a company like Psystar to openly sell Hackintoshes. They face real penalties for breaking both the law and the contract. Psystar is arguing that Apple is illegally combining these for its protection.
We'll see what the courts have to say later this year.
A Different Story for Individuals
It remains a very different question if you do the install yourself and don't try to sell the Hackintosh. There is a lot less that Apple can do to the individual Hackintosh owner.
This isn't like pirated music, where millions of dollars are being "lost" and individuals may have pirated hundreds of songs. With a Hackintosh, at most we are talking one copy per person.
A handful of Mac enthusiasts are not likely to draw the attention of Apple's lawyers. The legal cost to go after each individual over a single copy would be high. If a real movement were to start, then we would likely see Apple ratchet up the protection to its software before it tried to send out the lawyers.
Should you build your own Hackintosh? That's up to you. You may be breaking the DMCA protection on Mac OS X. You will be breaking the EULA. But as I read copyright law, you do have the legal right to install software that you purchased.
Remember I'm not a lawyer, so check with a real lawyer if you have
any questions. 
Join us on Facebook. Follow us on Twitter.
Recent Stop the Noiz Columns
- Dell XPS 13 Takes on the MacBook Air, 2012.01.20. Although Apple's MacBook Air wasn't the first ultrabook, it set the standard. How does Dell's new XPS 13 compare?
- 10 Reasons iPhone Users Should Like Android, 2012.01.12. Android is good for Apple, because good competition creates better products and more innovation.
- Will Apple Introduce Its Own TV or Just Improve Apple TV?, 2012.01.11. Steve Jobs claimed to have "finally cracked" TV, but does that mean Apple will be introducing its own TV set?
- More in the Stop the Noiz index.
Links for the Day
- Mac of the Day: Mac IIfx, introduced 1990.03.19. This 'wicked fast' 40 MHz Mac trumped the 33 MHz DOS world.
- February 14 in LEM history: 98: A perfect compact Mac - 00: Extended computer warranties worth the cost? - Making your PC work with your Mac - 01: Customize Microsoft Word - 02: Quadra revives a passion for computing - 03: Real world performance - DIY Pismo screen replacement - Best Mac for writing - 03: Fastest browser on the Mac - 06: 15" MacBook Pro - Impressions of a newly acquired Lisa - Finding and using free WiFi - Apple should liberate OS 9 - 07: New Mac mini cheaper than upgrading a Power Mac - 08: Falling in love with OS X
- Support Low End Mac
Recent Content on Low End Mac
- Fix Home Button Delay, Tablet the Ultimate Mobile PC, iPad Notebook a Possibility, and More, iOS News Review, 2012.02.10. Also using your iPad at work, two photo editors, a new iPad text editor, Macally's magnetic iPad 2 stand, and more.
- White MacBook Goes End-of-Life, Logitech Touch Mouse Supports Gestures, Firmware Updates, and More, The 'Book Review, 2012.02.10. Also MacBook Air better than any Ultrabook, docks for MacBook Pro models, Intel offers improved SSDs, and more.
- Mac and iOS Browsers: Options Galore, Freeware Forum, 2012.02.10. Safari is adequate on Mac and great on iOS, but the range of good alternatives is stunning. LEM writers share their favorites.
- Apple's Support Lead Shipping, Smartphones Outsell PCs, OS X Ported to ARM by Intern, and More, Mac News Review, 2012.02.10. Also the power of Tex-Edit Plus, Google and Twitter are already censoring the Web, Snow Leopard Security Update, and more.
- LogMeIn: Remote Screen Sharing for the Rest of Us, Alan Zisman, Zis Mac, 2012.02.09. Configuring the Mac's built-in screen sharing to work over the Internet can be difficult or impossible. LogMeIn makes it easy.
- 15 Years Ago Motorola Unveiled the PowerPC G3, Low End Mac Round Table, 2012.02.06. The G3 processor was optimized for real world Mac software and made a big leap forward in efficiency.
- Don't Kill Caps Lock, Learning to Love the iOS Keyboard, and an Adaptive iPad Keyboard, Charles W. Moore, Miscellaneous Ramblings, 2012.02.06. The Caps Lock key has a useful function, the iPad's keyboard really is useful, and checking out an adaptive keyboard for the iPad.
- More links in our archive.
Recent Deals
- Best 17" MacBook Pro Deals
- Best iPod classic Deals
- Best eMac Deals
- Best MacBook Air Deals
- Best iBook G4 Deals
- Best iPad Deals
- Best Classic Mac OS Deals
- Best Apple TV Deals
- More deals in our archive.
About LEM Support Usage Privacy Contact
Follow
Low End Mac on Twitter
Join Low End Mac
on Facebook
Low End Mac Reader Specials
TypeStyler 11 is now in the Mac App Store!! -- Special Introductory Price of $59.95!! -- To Buy From The Mac App Store Click Here Now!! Or buy direct
from Strider Software.
Don't install Parallels to play poker online! Poker Mac will show you how to download and install a native Mac poker and Mac Casino applications in minutes.
Favorite Sites
MacSurfer
Cult of Mac
Shrine of Apple
MacInTouch
MyAppleMenu
InfoMac
The Mac Observer
Accelerate Your Mac
RetroMacCast
PB Central
MacWindows
The Vintage Mac Museum
DealMac
Deal Brothers
Mac2Sell
Mac Driver Museum
JAG's House
System 6 Heaven
System 7 Today
the pickle's Low-End Mac FAQ
Affiliates
Amazon.com
The Apple Store
The iTunes Store
PC Connection Express
GainSaver
Parallels Desktop for Mac
eBay
