If you can't get the 10.1 upgrade....

dougk_ff7

Registered
If you are unable to find a copy of the 10.1 upgrade, you have 3 options. You can download from the FTP servers (I don't know how legal this is), you can wait until a local store has more, or you can order a CD from the Apple Store for $20. The Apple Store won't have any in for 2-3 weeks though, so your local store might be quicker. Just wanted to point htse out. :D
 

kcmac

Registered
Apple has updated their statement. They are processing orders immediately and you will get your copy from them 3-5 days after you order. ;)

Some people have claimed to order on Wednesday and had it on Friday.
 

Ghoser777

Registered
Well, considering the upgrade is free, I'm not sure why this would not be legal. And since the use of the upgrade requires the installation of OS X, u shouldn't have to worry about legal issues.

F-bacher
 

doppelbock

Registered
just because the update is "free," does not mean that apple does not retain the rights to the software or its distribution.
 

doppelbock

Registered
i have not seen the whole license agreement, but i would be *very* surprised if they did not retain all distribution rights....apple runs a tight ship, and if they had intended the update to be available via download they would have said so and/or done it that way themselves.

one of the main reaons for this is support. they do not want calls from people who can't install or didn't burn a copy properly...it just adds too many variables for them to support.
 

sfish

Fark Lover
I don't know what Apple's distro agreement is, and I'm certainly not a lawyer, but I think the worst case scenario would be for macosx.com to receive a "cease and desist" letter. Even if there is such a restriction in the user agreement, most likely Apple won't bother enforcing it since they so royally screwed up this upgrade launch and the FTP sites are only helping reduce user's anger over this issue.
 

doppelbock

Registered
i'll agree that a "cease and desist" is probably all that apple would do about the ftp sites, unless they didn't shut down when requested.....when it is a "free" update there is a bit less incentive to spend the $$ chasing people down.

i don't really agree that apple "royally screwed up" with the launch though. you can get it from apple, you can get it from dealers.....it's no big problem except for those with absolutely no patience whatsoever javascript:smilie(';)')
 

sfish

Fark Lover
I live in a city where Apple has a pretty strong business presence. I had to "import" my copy from a city four hours away. If you gave the pony express as much time and as many resources as Apple had this upgrade would have been distributed more effectively. The fact that Apple couldn't is a royal screwup. The fact that users are sick of waiting for an upgrade Apple's been hyping and delaying for months might be considered impatience, but it's pretty understandable.

Actually, the legal issues are a moot point now that the FTP links are gone.
 

eizzumdm

Registered
Curiosity got the better of me, and I actually cracked open the little Software License Agreement booklet that came with the free "Up-to-Date" 10.1 upgrade.

Actually, there is no specific 10.1 license agreement. The agreement that came with 10.1 is a word for word reprint of the software agreement that came with the 10.0 retail package (otherwise known as X 1.0).

So all the same restrictions apply -- one copy to one computer, single backup copy, not making it available over a network, blah, blah, blah.

I'm sure applying the 10.1 update to multiple copies of 10.0 is an acceptable bending of the rules, but posting it to a public network might draw the attention and ire of our favorite zealously litigious fruit company. But as stated earlier, a "cease and desist" is probably the worst that can happen.
 

LordOphidian

Adjutant On-Line
Hate to tell you, but the update is free as in beer, not as in speach... from the Software License Agreement for Mac OS X:
3. Transfer
You man not rent, lease, lend, redistribute, or sublicense the Apple Software. You may however make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Apple Software, including all of its component parts, original media, printed materials and this License; ....
So basicaly we can't host it.
 

jimr

McInstigator
The update is free to current owners. The copyright belongs to Apple and they can choose any way they deem fit or necessary to determine who the recipients of the free upgrade might be.

even something which is not copyrighted might not be in wide distribution.

There is a nominal charge for shipping;If not reasonable.

Stores may or may not do the right thing.

if you track down a copy and get it installed without having to wait for an official source to provide it, bully for you.

Please don't post those requests here, or addresses where you might provide a copy.

Anything done in private is up to you.

There are plenty of channels where you can discuss these things privately with individuals who are willing to help you out.
 

doppelbock

Registered
Originally posted by sfish
I live in a city where Apple has a pretty strong business presence. I had to "import" my copy from a city four hours away. If you gave the pony express as much time and as many resources as Apple had this upgrade would have been distributed more effectively. The fact that Apple couldn't is a royal screwup. The fact that users are sick of waiting for an upgrade Apple's been hyping and delaying for months might be considered impatience, but it's pretty understandable.

Actually, the legal issues are a moot point now that the FTP links are gone.

I don't buy that argument, sorry. Given that Apple decided that downloading was not practical for them (for reasons previously stated) I think they've done a pretty good job trying to get this update out to the masses. Every other cd-only update has been by the mail up-to-date program...now they've gotten copies out to the dealers to hand out....in some cases they couldn't get enough out to some right away...awwww..too bad...I think they've done pretty good.

If you've waited months and months...is another couple of days gonna hurt that much? Give 'em a break....there are a lot of logistics involved in distributiing software, and remember, this thing was only finalized about 2 weeks ago...it *does* take time to press and package cd's and get them in the distribution channel.

I hate to sound like such an apple apologist, but in this case i think the criticism should be saved for something more worth complaining about.
 

yuriwho

Registered
This is outrageous! Apple have fu*ked this one up big time!

Apple has made it really difficult for early adopters to upgrade, yet made it easy for the late adopters. Go to any Apple retailer today and you would find Box sets available at $129 a pop but few free upgrade CD's.

To top it off, the free upgrade does not include the Dev tools (and they are not yet available online). I need the dev tools to migrate to 10.1 on my main machine (I need to be able to complile mod_ssl into apache).

So macosx.com tries to help the Mac faithful and they get cease and desist!!!??? (is this true?)

Come on Apple, this is silly!You are shitting on your biggest supporters! Treat us to the same that you offer new buyers, that includes making the dev tools and upgrade CD's available or downloadable.

Please, DO it now!
And fire the marketing genius that came up with this plan.

I suspect the best thing to do is to write to Apple expressing your own sentiments on this issue. If enough of us write to them, perhaps they will not make this mistake again. So what is most effective address to write to/ send e-mail to? Feedback?

I'm composing some feedback right now!

Y
 

sfish

Fark Lover
Originally posted by doppelbock
I hate to sound like such an apple apologist, but in this case i think the criticism should be saved for something more worth complaining about.
Why? Complaining is what we Apple faithful do best. ;)

The vast majority of complaints I've heard have been fairly muted. They basically are postings from people who are upset that this was handled badly. It wasn't a complete fiasco, but it wasn't handled well by Apple either.

In the long run, everyone who wants to upgrade for free will. It seems reasonable that those who haven't been able to upgrade on time should be given a chance to say they're upset. Trying to tell people that their (at least somewhat) legitimate anger at Apple isn't really worth complaining about just fuels the fire and does not diminish their anger one degree.

I guess what made me upset was that the distro portion of Apple's user agreement does nothing to really help Apple and does so much to keep people from getting this upgrade. It seems at best arbitrary and at worst stupid. I know it's a very common piece of legalese. I would have been surprised had Apple not included it. However, not all common practices are smart. It would probably go much further toward helping people be a little more patient if someone with some legal insight would explain exactly what Apple and other companies gain from this seemingly archaic portion of everyday software user agreements.
 

dougk_ff7

Registered
Ok, for those of you wondering, the OS 10.1 Dev tools will be available online starting tomorrow. You can access them at Apple's developer site, http://developer.apple.com -- All you need is your Apple ID and password. Also, the reasons the upgrade CDs have been in short supply is because stores only ordered 20-30 CDs regularly. Some ordered more, some less. So it isn't Apple's falut stores forgot to order enough CDs, the stores just made a VERY bad estimate.

Again, I hope this helps.
 

andrewhicks

Registered
Well, most of the complaining about distribution is centered around USA. I happen to live in Iceland, and was keen to go down to the only Apple authorized store yesterday to find them running OS 10.1 on some machines, because they are localizing the software for Iceland. However, I was told that they would not be able to get an upgrade CD, and that this would have to be ordered from the UK.

It was a shame to see the FTP links removed today, as I was hoping to get a copy to upgrade. The store here in Iceland says that distribution in Europe is really behind, so this would have helped a lot, and saved several weeks.

If anyone out there does know of somewhere to download a disk image, I would be grateful.

Thanks
Andrew
 

sfish

Fark Lover
usenet group: alt.binaries.mac.applications
poster: BobsYourUncle
date posted: 9.29.2001 between 2:34 and 5:34 pm
search for: theupgrade.img
# of parts: 43

I did not post this (honestly - I didn't even have my upgrade package until later yesterday) and I have no idea if it's complete, but it does seem to be legit from a spectator's view.

It's up to you to decide whether you want to get it from this source. I'm not advocating anything, just providing information that might be useful to someone out there.
 

flash

Mad Mod Mojo
  • [Wednesday] faxed an order to Apple for uptodate program.
  • [Thursday] discovered my debit card account empty.
  • [Monday] received uptodate package.
Very happy. Going to install it soon.
The brown padded paper envelope contained:
  • Welcome to Mac OS X booklet/guide.
  • License agreement
  • 3 more software coupons.
  • Mac OS 9.2.1 CD
  • Mac OS X 10.1 CD
  • Mac OS X 10.1 Developer Tools CD
Pretty spiffy for $20. That's an 8 piece family meal at KFC. With my strangely empty account, I'm not entirely sure I paid anything for this. Or maybe it just tacked on to my negative balance. :confused:
 
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