According to a of PearC's FAQ, the company is "convinced that our product is legal in Germany." Their reasons are explained in , this time of a Der Spiegel article. According to PearC, since Apple packages its OS X EULA inside the box, making it impossible to know the restrictions before you buy the operating system, it is invalid according to German law.
In , John Mahoney thinks the loophole might actually work. "As evidenced by Apple's legal troubles in Europe, our friends across the Atlantic don't see the whole 'antitrust' and 'license agreement' thing like [we do]. Thus, PearC: the Hackintosh cloner that just might survive." Mahoney notes that PearC will only sell its clones to people living in Europe.
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