You've sold the MacBook. Of course you can't use it once you've sold it (without permission from the owner). Your example is not making any sense.
Based on the EULA. I'm talking about the printed materials of the OS X software. Here is the relevant section:
The printed materials of the OS X software comprise a copy of the SLA. A link to a printable copy would also suffice.
Note that they explicitly exclude the Boot ROM, so the hardware is not a part of the bundle.
Naturally. What's your point?
What you are saying is directly contradicting the EULA. License transference is not automatic with the transfer of the Macbook, but depend on additionel conditions.
No. When you sell the Mac, it is automatically
licensed to operate OS X. It is not, however, automatically
equipped with OS X if it was separated by an independent sale. The new
owner, despite the machine eligibility, is not himself eligible to own a copy of OS X until he purchases it and agrees to its terms.
The macbook is NOT the license. The license is the license.
A simple tautology. The license is not a physical item at all. The license does not apply without a valid
license agreement, and thus when you sell your copy of OS X, the latter is broken, and you must reacquire a copy by purchase. The license which makes you eligible to make that purchase is the fact that you are an owner of a compatible Apple system.
In other words, the license does not automatically follow the hardware. Thus, it is not an upgrade etc. ad nauseum.
The
license agreement does not automatically follow the computer. A license to install OS X
does. I have no idea what you are indicating by your improper use of 'ad nauseum' here, either.
You could, by going a rather complicated route. You could buy a MacBook, which comes with OS X. You sell your copy of MacOS X to me. I have no computer that I can install it on, but I collect versions of MacOS X, just like other people collect stamps, so the DVDs and everything else end up on my bookshelf. Obviously you now have to remove MacOS X from your computer and all backup copies, and you install say Linux instead. After a year you have enough of Linux and want to go back to MacOS X. You buy a retail copy of OS X and install it. Perfectly legal, because your MacBook is an "Apple-labeled computer".
Precisely. The machine contains with it an irrevocable license from the manufacturer making it eligible to run OS X.
An eligible computer and an eligible person
both must exist to constitute a usable product. You can sell your OS X license to a new person, but you cannot sell your machine eligibility without selling the computer.
In a hypothetical situation, if a few years ago Apple had sold a few copies of 10.0 or 10.1 to owners of the legal Macintosh clones from the late 90s, then the owners of these licenses would not be able to legally upgrade their non-Apple computers to 10.5.
That would depend entirely on the terms of the SLA terms of the copies sold to those individuals.
Or if Apple started selling MacPros with Linux or Windows pre-installed instead of MacOS X, you could legally install the $129 retail version of MacOS X on these machines.
Again, not necessarily. You make presumptions without enough facts. The statement is conclusory. If that were to happen, there is no telling what the license terms would be, nor can you make any inferences without price. The Mac would never come without OS X under the current license terms. You might be able to add Windows or Linux directly for a fee, but if the option were to discount the machine for a lack of OS X, there is little chance that you would be eligible for the $129 copy.
A contract requires you to sign a form, stating you have read the full contract.
False on both counts. Contracts require no signature, merely valid assent, and
no contract, unless explicitly added as a term, ever requires you to
read it--only that you have the
option to do so.
