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Psystar wins legal round against Apple


~pcwiz

A federal judge ruled that Psystar can continue its countersuit against Apple. The judge also hinted that if Psystar proves the allegations then other companies will be free to sell Mac clones as well. Psystar claims that Apple broke antitrust laws by binding the Mac OS X operating system to its hardware. According to the judge, if Psystar can prove that Apple abused copyright laws, then Apple's allegations against Psystar will be detered. Psystar has 1 week to submit its revised counterclaims, and Apple will then be given 20 days to respond.

 

Full story on ComputerWorld

 

Thanks to Jeezoflip for bringing this story to my attention :)


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I personally dislike both Apple and Psystar.

 

Ever since the iPod became a runaway hit Apple's been restricting each new generation of hardware more and more. If the iPhone/iPod touch weren't crippled into near uselessness I'd have one or both at this moment. As it is I'm sticking with my longtime mobile favorite, Nokia, which for some reason doesn't slap incredibly stupid restrictions on their hardware. Seriously, what other company do you know that has Bluetooth on their phone but doesn't allow you to do something as simple as transferring pictures or ringtones? My retired 5 year old Nokia N70 has 3G functionality as well as video calling, a 2 MP camera with flash, fully working bluetooth, no restriction on installable software and the ability to run two or more programs simultaneously. Why Apple is restricting or doing away with basic functions that have been a part of mobile phones for years, I'll never know.

 

Psystar is just a transparent attempt to cash in on OSX's awesomeness and the OSX86 community's hard work. They haven't contributed a damn thing to our efforts and what's more, their appearance has forced the whole Apple / OSX86 situation to a "win big or lose big" crossroads. Either Apple wins and what we're doing here becomes 100% illegal, or Psystar wins and forces Apple to take drastic measures to cut its losses.

 

My preferred outcome would be this: Psystar wins, forcing Apple to announce a new OSX flavor for PCs, possibly with fewer bells and whistles so as to keep a market for their computers. Due to the release of this legit OSX86, Psystar promptly goes out of business taking its victory to the grave. The profiteering jerks get theirs, we get our official OSX86 and MS finally gets some proper competition on the desktop market. If only storybook endings like this actually happened.

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Psystar files for bankrupcy.

 

 

In bankruptcy filings last week, the maker of the 'Open' system that runs unauthorized Mac OS X said it wants a better business model around its own IP.

Game over!

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I would like to see OS X free of hardware restrictions myself. But I'd be happy with a mid-range, upgradable Macintosh.

 

In the end, it's not who is right or wrong, but who has the most expensive lawyers. I think eventually Apple will crush Psystar.

 

So would quite a number of would-be customers.

 

In fact, Apple has the parts in its bins to actually build such a Mac today.

 

Instead, Apple has *deliberately* chosen to build two types of Mac desktops - "teaser" Macs (the Mac mini and iMac fall into this category) and niche Macs (the Mac Pro). Where is the equivalent to the midrange mid-performance Performa? It's not like Performa-class Macs won't sell - Apple sold lots of the original Performa (and the Performa, not the Quadra, was the most-copied Mac back in the time of legit clones). Heck; look at most hackint0shes; they slot mostly above the mini and iMac, but below the Pro/Quadra, in what used to be Performa Country (the processors of choice are multicore, not single-core, Intel and AMD CPUs, primarily Intel Core2Quads and higher-end Core2Duos, all of which are certainly usable by Apple today, but for some strange reason, none are; what's the highest-end C2D in an iMac today?).

 

While high-end/niche machines create the buzz, it's the midrange that fills the coffers.

 

Example #1: Dell. While Studio and XPS generate buzz, it's Vostro, OptiPlex, and Inspiron that generate revenue.

 

Example #2: HP (desktops, not printers). While the new Blackbird line is generating buzz, it's Pavilion (and the old Compaq line; especially, of all things, the entry-level ProLiant servers) that are putting the cash in HP's coffers. (The ProLiant server line normally is about as exciting as the Kansas grass-growing championships, or, more appropriately, one of HP's old LaserJet printers - which is precisely why they sell well.)

 

Apple *has* no desktop midrange. In fact, they have deliberately gone without one.

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News from Germany: German Mac Cloner Skirts Around OS X EULA

 

With Psystar still busy defending itself against Apple (a year of legal costs sort of starts to add up), you'd think other aspiring clone makers would wait to see how things pan out before putting their own wares on the market. Apparently not. TUAW reports that PearC's parent company, Hypermeganet, says there's no legal way to review the Mac OS X End User License Agreement (EULA). We passed the original article onto a member of our German team and he said the company's main argument is that since you can't read the EULA before purchase, it's not valid.

 

While the law no doubt only stands in Germany and Apple will almost certainly file suit anyway, we're still really interested in seeing how this develops.

 

When you go to install the EULA, it says if you do not agree, return the software to the retailer for a full refund.... but seriously name me one retailer that will give a full cash back refund on OPENED software?!? Has anyone actually tried this with OSX or other Mac software? I mean I guess they could have a special agreement with companies like Fry's Electronics, but somehow I get the feeling that if I had bought OSX or iWork and tried to return it they would cite their own store return policies on opened software (since you could have just copied the disk and brought the original back)

 

Psystar may not be selling "Open Computers" for very long, but the legal battle is far from over. And if somehow the judge rules Apple is violating anti-trust laws by tying OSX to Apple Branded hardware, this should be very interesting to see if it leads to an anti-trust suit against tying hardware to a service plan (ie iPhone/ATT)

 

maybe Psystar should have used the Bowfinger defense: "This PC is only for Madagascar and Iran, neither of which follow American copyright law." ;)

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A Psystar employee who answered the company's telephone this morning and identified himself only as "George," said that the company had no comment on the lawsuit.

 

Although the full complaint has not been posted to the federal court system's electronic document system, Apple filed charges on July 3, a search of the system revealed.

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if osx is free to be use on every PC, Apple won't be Apple :o

 

osx isn't free, costs $129 USD, but yes, you can use it on any PC, if you can get it to work, and many do use it on their PCs. Yet, Apple is still Apple !

 

 

Apple is more than osx, it's mostly iStuff today. iPhone and iPod, is what most of the public think when they hear Apple, and most of Apple's revenues come from their iThings, not from osx at all.

 

 

:)

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wow... ive been out of the scene for a while... but psystar is the last thing that i thought would still be kicking

 

i figured they would have been shut down ages ago, ether due to exorbitant legal costs

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Ok so does anyone know what's coming next for psystar?

 

Also, here's my prediction of what will happen if os x becomes legal to use on any compatible machine. (note: I'm not an expert or anything, this is just common sense I guess)

 

Apple will continue to sell their machine at the same price but they will raise the price of their os (because right now, it's really cheap) They are going to judge of the right price to which they call sell their OS X and people still buy it. That price is going to be relatively high , making the idea of buying a pc AND the os, less attractive compared to buying the apple machine which comes with the os for "free".

 

Apple softwares will also increase in price for the same reasons.

 

More people are going to switch to os x either because they are curious or simply because they want an alternative to windows that is not linux. More people using os x also means more chance of people making viruses and stuff for os x.

 

I still hope psystar wins simply because I hate how hypocrite apple is. All they did was making people believe that they get something in return for paying extra when they buy apple computers while many here proven that you get same or better performances with cheaply built home machines.

 

I'm very curious on how os x is going to be like in 5 years. (not just the software, the way its distributed, etc)

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PSystar= A small PC retail shop with some clever programmers (not quite at the same level Apple) to take advantage of the available open source codes to make it happen. In fact, they came up with some methods to tame OS X behaviours on their hack unique enough to earn their merit. They did this again to SL functional on some hacks.

Apple= Has its place in the computing world that most envy but unable to copy. They play to their own strength on most missed opportunities by MS. This thing with Psystar or any other future hack producers means only one thing- to promote values and ingenuity of their OS and hardware design. Some notebooks by other manufacturers out there selling for equal or more than a real MacBook Pro (that's right) that are not even close to Mac's specs or half the quality when compared under scrutiny. But they all miss the important point- once you the Apple product in your hand, it begs you to explore the fit and finish. This is the same problem in analogy that GM thought people would buy their cars if they simulated the performance of the Japanese counterparts.

All the people that I know who purchased Macs lately tell me they buy it because the machine looks right,feels right and runs right. For us who are using hacks, we all know the virtues of OS X. Some of us would even know what it's like to own the real thing, and all of us would buy the real things if and when we can afford.

There, you see, Apple already makes people commit to buying their products. They will keep fostering hack makers such as the likes of Psytar so that the pool of prospective buyers will keep widening until MS would file for bankruptcy...he he.

Oh, by the way, their mobile OS is enjoying singularity in the market now. Not even Linux can take away the crown in the foreseeable future. And Windows Mobile OS has been dead since its infancy and I ma not even a Windows hater, just a MS hater.

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I think Psystar is pushing it's luck.

It is obvious that they are violating copyright as they install OSX on the equipment they sell without buying it. If they would have payed for the OSX they have installed for each PC thats an other story....

 

 

 

 

LOL. So you think Psystar is selling their computers with pirated OSX copies. That's a good one.

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It said we'd hear about it next week... that would be the 19th of February...

 

What has happened?

 

Anyone who is interested in the development of the Psystar lawsuit can visit this site:

http://news.worldofapple.com/

this dude is pretty hardcore at following up the entire progress of this event. Beside that, he also post up lots of recent apple news, recent leopard update builds as well as the snow leopard builds etc etc .

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Anyone who is interested in the development of the Psystar lawsuit can visit this site:

http://news.worldofapple.com/

this dude is pretty hardcore at following up the entire progress of this event. Beside that, he also post up lots of recent apple news, recent leopard update builds as well as the snow leopard builds etc etc .

 

Thank you very much, I was looking for this kind of info!

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I dare by personnal experience, with more than 3 different hardware setup, I've tried, for exemple, Ubuntu 7.04 to 8.10. Each time, either a component, ACPI or even GUI�rendering wasn't perfect. I also experience program crashing from time to time. That said, it's not dramatic and continuous support fix a lot of problems. I still think that Linux project as a whole is a very good thing, I couldn't use my computer without it, it's more reliable than MS and safer vs malware of any sort.

 

I didn't wanted to upset you, but you should admit that in each great project, like Linux, there are always flaws. Nothing is perfect.

 

Maybe I should use another distro, but my experience is that one.

 

 

I've had many perfect Linux installations starting with Redhat, then with Fedora and Ubuntu. I've always found it to be very very stable when I stuck with mainstream Linux applications - more stable than my friend's Macbook Pro, which despite having 100% mac hardware, crashes left and right because of his reluctance to refrain from loading absolutely everything he can find to run on it. Even MACs are vulnerable to system errors - because as you said, nothing's perfect. So it's really a matter of preference. I like choice.

 

Windows would be stable in a vacuum. It's problem is that every malcontent virus generator on the planet seems to like to mess with Microsoft, which has spent a lot of time and money plugging security holes. By the time you filter memory and hard drive against massive malware databases, you've got very few resources left to actually do anything with - which is why a netbook with a puny Atom processor runs OS X better than it can run the Windows OS it is supplied with.

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Apple is amazing yes they should let their os run on other systems but not on hps dells gateway ect an independent company that is attached to apple to let people buy their machine and build it up this may cause apple in the end to go down since people are not buying their machines but it could go both ways and now people can be buying their os who knows just hope for the best.

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Pystar is a company that legaly sells computer after purchasing the actual leopard OSX and then somehow installing it onto their own "hackintoshes" the only thing that is illegal about their current opperation is that Apple's OSX EULA does not let OSX be installed onto "non-apple" computers.. Just to make it clear... it's not like Pystar is using current deviations of leopard OSX such as iATKOS or iDeneb or even iPC. They are actually using a licenced version of the Leopard OSX

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Pystar is a company that legaly sells computer after purchasing the actual leopard OSX and then somehow installing it onto their own "hackintoshes" the only thing that is illegal about their current opperation is that Apple's OSX EULA does not let OSX be installed onto "non-apple" computers.. Just to make it clear... it's not like Pystar is using current deviations of leopard OSX such as iATKOS or iDeneb or even iPC. They are actually using a licenced version of the Leopard OSX

 

Actually just because Apple says it's against their licensing agreement doesn't make it illegal. It's actually completely and utterly stupid to say once I buy something I can't install it on anything I want. The only thing that they should be able to say is illegal is copying the software and selling it.

 

I say I DARE someone to tell me what I can and can't do with a piece of software once it's inside my house as long as I'm not duplicating and reselling it.

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