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Apple Punches Through Psystar's Ch. 11 Stay

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10:51 AM - June 24, 2009 by Jane McEntegart

Psystar filed for bankruptcy at the end of May, temporarily slowing down legal proceedings with Cupertino-based Apple. All legal actions involving Psystar were put on hold while the company began proceedings with bankruptcy courts.

A couple of weeks after Psystar filed for Chapter 11, Apple accused the company of hiding behind bankruptcy rather than facing up to the consequences of copyright infringement. The Cupertino-based company filed a motion to have its case against Psystar continue and according to AppleInsider, Apple’s efforts were successful.

Psystar’s Chapter 11 filing blamed mounting legal fees for having to file for bankruptcy in the first place. ChannelWeb reports that the company estimated its total debt at more than $250,000, about a third of which is payable to its legal firm Carr & Farrell.

Source : Tom's Hardware US

Talkback
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captaincharisma 06/24/2009 5:09 PM
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ohim 06/24/2009 5:28 PM
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--2+

fuk apple :) ...and their rebranded PCs with own OS that`s not a PC but costs shitloads of more monney compared to a PC.

hellwig 06/24/2009 5:44 PM
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Copyright infringement, where? That's like saying a book store can't sell books they already paid for. Apple got their money for their copyrighted software fair and square. First-sale doctrince says Psystar can re-sell the software if they want to. The only thing Psystar did was violate the EULA, which is NOT copyright violation. Considering you can't read Apple's EULA without opening the software anyway, its not even a binding contract.

Antilycus 06/24/2009 6:04 PM
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gotta love capitalism, when u can get sued out of business for trying to take a slice out of someone's monopoly. And before you start trying to gnaw at my balls, the only computer you are LEGALLY able to install MAC OS X on is an APPLE computer. That's a freaking MONOPOLY, okay not really, but kind of.

Shadow703793 06/24/2009 6:38 PM
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^Violating the EULA is NOT copyright violation.

cielmerlion 06/24/2009 7:04 PM
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As much as I would love to agree with antilycus and his monopoly statement, i have to say that it is no a monopoly to want your own operating system on your "own" hardware. You dont see blackberry's OS on windows mobile phones for example.

etichi 06/24/2009 7:17 PM
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reddozen 06/24/2009 7:45 PM
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etichi,
You obviously have no clue what you're talking about...

1) What people find to be "inferior" is their hardware with is generally speaking, outdated and overly expensive to update / upgrade.

2) Monopoly, no... Arrogant, yes.

3) Windows a train wreck? Hardly... OSX is a decent OS, but it's no godsend. It's NOT immune to viruses, and it DOES have bugs in the system. I'm sure if windows was only built to work perfectly on predefined hardware sets that it would work flawlessly too.

4) Name 1 thing that you can do on your $1,000+ mac that I cant do on any $400~$600 PC? Anything you can name is purely software based and has nothing to do with the computer. There are windows variants / substitutions for any product you can name.

The simple fact is that macs are grossly overpriced for what their capability is...

Mac OS X v10.5.6 Leopard: $129.00
Vista Ultimate 64: $174.99

Now why is it that Windows costs more, yet I cant get a computer for cheaper utilizing it? *cough*Apple Tax*cough*

If apple wants to step up, pull it's head out of it's own @$$, then I would consider it as a viable option for a computer. Until I can freely install OSX on whatever machine I want without Apple's hammer thumb getting in my way, then it will be ignored by me and my entire family. My step mother (a graphics designer) has already ditched her beloved mac for a PC, and her workmanship has yet to be challenged. I'll make apps for mac based systems cause I like money, but I'll never own one.

deathblooms2k1 06/24/2009 8:05 PM
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etichi :
Microshit built their product off of a train wreck.



See what he did there? Classy stuff.

rhys216 06/24/2009 8:27 PM
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Small companies like this should get legal aid from tax payers in such a circumstance. Seems like a big company like Apple can bankrupt a company out spite with ease, simply by forcing them to incur legal fees!

Now it seems Apple is simply not happy with causing bankruptcy, and is VISCOUSLY still going for this companies blood!

Shame on Apple!

captaincharisma 06/24/2009 8:53 PM
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rhys216 wrote :

Small companies like this should get legal aid from tax payers in such a circumstance. Seems like a big company like Apple can bankrupt a company out spite with ease, simply by forcing them to incur legal fees!

Now it seems Apple is simply not happy with causing bankruptcy, and is VISCOUSLY still going for this companies blood!

Shame on Apple!





why? its the small company that started this mess and found out going halfway threw the trial they were not really able to afford to go threw with it. why should taxpayers pay these companies that do not know what they are getting into?

as for mac OSX. Apple made it so they can do whatever they want with it and if i were them i would tell these babies if you don't like it then f off.

NeoDude007 06/24/2009 9:10 PM
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Apple is so worried that other companies will follow where Psystar left off so they want to destroy Psystar in to the ground. They are too scared that their Apple Tax will be taken away from them. They love to control their hardware so their customers can brag about how their Macbooks have awesome firewire ports and stuff while a Dell or HP doesn't. Appleheads always look over the fact that Microsoft DOES NOT MAKE COMPUTORZ.

Even those dumb shiz Mac commercials try to fool kiddies in to buying Macs using this odd argument. "All the slow PCs step out of the line" and half the "PCs" step away... maybe cuz uhhhh Windows runs on more then 2 sets of hardware and you can actually buy a working laptop perfect for college for $430??? have fun finding a Mac that does that.

Hanin33 06/24/2009 9:34 PM
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hellwig :
Copyright infringement, where? That's like saying a book store can't sell books they already paid for. Apple got their money for their copyrighted software fair and square. First-sale doctrince says Psystar can re-sell the software if they want to. The only thing Psystar did was violate the EULA, which is NOT copyright violation. Considering you can't read Apple's EULA without opening the software anyway, its not even a binding contract.



don't ever let FACTS get in the way of money... such is the way legal proceedings operate in most of the world... whenever things don't seem to be going the logical way, ask yourself, "who has the most money to throw around?"

zebrafunk 06/24/2009 10:13 PM
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Apple zealots have and will continue to drink at the fire hose pace, and no power in the verse will stop them, by God or Job’s (not in that order). I own an iMac 24 2.4 and a MacBook 13 aluminum 2.0 and thoroughly enjoy the Mac Leopard OS, not only for its seemingly easy and compact usability, but for its challenge to the Microsoft monolith OS standing. But don't misunderstand this enjoyment for love, or a desire to sleep with the random MacGeek passersby.

I have largely earned my living on top of the Microsoft freight train, and have paid dearly for what feels like a dejected Indian ridding on top with many other likewise dejected passengers. Although by no fault of Microsoft's, I have been anything from free tech support to a Platinum Beta test site, and at no point did I ever receive anything that could be misconstrued as compensation for my efforts. I completed my MCSE, MCDBA, MCSA and MCSD in 2003, again aside from several fairly nice wall certs, nothing from Microsoft. So I likewise have no great love for Microsoft. These facts are not stated for self-aggrandizement as I find no specific operational benefit from certifications, but to clearly lay out where and how I stand in the middle.

What I can tell you is that the EULA –v- copyright argument is not sustainable in a just court, and I continue to be disappointed by not only “make work” attorney mindset, but am repulsed by the court that entertains the argument, further polluting an already unconstitutional docket backlog.

It seems to me that Apple has violated the open source agreement that exists with BSD and the free (FreeBSD, NetBSD and OpenBSD) community. BSD started in 1974 at Berkley as PDP-11 and was largely source modified by students (slave labor), and they contributed that intellectual properly FREELY. If Apple wants to bring a suit, they might consider going after Keith Bostic and the Net/2 release in a joint suit with AT&T? Since Sun is also BSD maybe we could finish the painful death of Sun, and at the same time dethrone the self-named King Jobs, which in turn would rip the worm from the Apple, and leave the rest of us with an unfettered OS that spans multiple platforms?

Leopard = BSD + Gnome + very little spit and polish
Windows = CPM/DOS + Lisa + right place at the right time + several years of piracy

It is only a matter of time until someone regens a Leopard’esque OS on top of BSD, and presents it free to the X86 world. Of course Apple will bring a groundless suit against them as well. Universal constants hold true, when you take a bite out of an Apple it is sweet and juicy, but within minutes it changes colors, starts to rot and has to be thrown out.

chaohsiangchen 06/25/2009 12:33 PM
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Example of Apple Inc's superior quatity:

http://www.dailytech.com/No+End+in [...] e15519.htm

Quote :
And apparently, even with the update, many users still report problems, indicating that more problems are afoot. In the past Apple has blamed NVIDIA for making flawed drivers. Fixes by NVIDIA failed to resolve the issues. Issues have also been reported in iMac desktops, which incidentally have AMD Radeon graphics.


christop 06/25/2009 1:39 AM
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I hope Quo computers don't get this shit thrown at them.. And what kind of a threat was Psystar to Apple anyways.. Damn you have enough market and money..

etichi 06/25/2009 3:15 AM
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@reddozon

Let me say this, a computer is not a status symbol nor is it have a direct relation of how big your dick is.
Why do you people get so pissy that people buy Apple's product?

I get a kick out of all the "but but but my pc is way more powerful than an apple." I have to wonder why everyone is soooo anti-apple? What are you doing with all of that CPU-power anyway? So what is it guys, Is it the sleek case or innovative touch pad envy? I really enjoy my apple and don't really mind paying the apple tax as I can afford to. And no I don't go around saying "but but but my apple is almost as powerful as the pc that required more time/energy than I have to put it together." I realize what I am getting.. a finished product.

I was in the airport the other day and we all had to do the security shuffle. I almost laughed at all the clunky ass laptops these guys were taking out of their cases. Then I thought... ah, i love my mac.

And lastly, I code all F'ing day for a living in Linux environment. I enjoy the mac since it is in the same family of OS's. You could classify me as a mac user that prefers not to use Microsoft's products out of principle much to the like of 90% of the people on this forum don't use Apple products.

saturn77 06/25/2009 5:37 AM
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90% of the WORLD doesn't use nor wants to use a Macrap.

What do we do with all that power that only PCs can provide? We do mult-cpu multi-gpu video editing, we run the business world, and we can actualy play games!

LMAO@U!

rooseveltdon 06/25/2009 9:14 AM
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saturn77 :
90% of the WORLD doesn't use nor wants to use a Macrap.What do we do with all that power that only PCs can provide? We do mult-cpu multi-gpu video editing, we run the business world, and we can actualy play games! LMAO@U!


PWNED!

etichi 06/25/2009 3:00 PM
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@saturn77

you prove my point to a T. I know apple acolytes are annoying and I am not one of them. I use the product and go on my merry way. You are the equivalent annoying piss ant PC user who seems to have a beef with Apple for no good reason. You run the business world but certainly NOT the scientific world. Chew on that princess.

@rooseveltdon

you're a tool.

jabliese 06/25/2009 3:25 PM
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What some of you want to see is not government assistance for small companies to pay legal fees, but a loser pays system. Currently, it is possible, but not guaranteed, for the winner of such lawsuits to have the loser pay their legal fees.

Some members of Congress (mostly Republicans) wants to pass a law making it obligatory that the loser pays the winner's legal fees. This is the main component of tort reform bills that are discussed from time to time.

reddozen 06/25/2009 7:20 PM
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lol...

poor etichi.
I code in both winblows and *nix environments all day every day too? what's your point?
server = *nix
personal computer = winblows dual boot

you're tired of the "but but but my pc is way more powerful than an apple.", and I'm tired of the "but mine's prettier!". zebrafunk made my point a lot better than I could have, so enough said.

I have no problem with OSX, and I would gladly use it given that the choice was mine as to what I did with it. Just like you say "(I) prefer not to use Microsoft's products out of principle", I wont touch anything mac related until they decide to join the rest of the world on a lower pedestal. OSX is nothing special. Just a modified and polished X-Windows interface to BSD.

Windows is for those of us that like to make money by maximizing our user base. It has nothing to do with brand loyalty. It's as you say... "principle"

crystalized 06/25/2009 7:45 PM
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cielmerlion :
As much as I would love to agree with antilycus and his monopoly statement, i have to say that it is no a monopoly to want your own operating system on your "own" hardware. You dont see blackberry's OS on windows mobile phones for example.


But you don't see blackberry selling their OS to customers at retail stores do you?

norbs 06/25/2009 10:39 PM
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saturn77 :
90% of the WORLD doesn't use nor wants to use a Macrap.What do we do with all that power that only PCs can provide? We do mult-cpu multi-gpu video editing, we run the business world, and we can actualy play games! LMAO@U!


Orrr you just play games, and decode dvd's and blue ray into divx and by run the world you probably mean world of warcraft.

norbs 06/25/2009 10:43 PM
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etichi :
@saturn77you prove my point to a T. I know apple acolytes are annoying and I am not one of them. I use the product and go on my merry way. You are the equivalent annoying piss ant PC user who seems to have a beef with Apple for no good reason. You run the business world but certainly NOT the scientific world. Chew on that princess.@rooseveltdon you're a tool.



Dude it's really not worth fighting this battle... Some people are hard set to wave their flag of their favorite OS. I am by far not a Mac fanboy but I appreciate the product. I own 4 PC's, 1 is a full on hackintosh and another is a dual boot osx/xp machine. I've tried to educate the zombies but they are mostly kids that are trying to get the best frame rates in their video game.

saturn77 06/25/2009 11:56 PM
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etichi :
@saturn77you prove my point to a T. I know apple acolytes are annoying and I am not one of them. I use the product and go on my merry way. You are the equivalent annoying piss ant PC user who seems to have a beef with Apple for no good reason. You run the business world but certainly NOT the scientific world. Chew on that princess.@rooseveltdon you're a tool.



Ah did I strike a nerve there little cunt? QQ more! The scientific world? LOL! Hardly. I'm sure those schools that buy Apples love crashing their budgets. Why the f would they want an Apple and spend 2x as much and get less horsepower?

Anyways, thanks for backing me up. You can't constest what I said. Our stuff is faster, runs the business and gaming world. GG.

saturn77 06/25/2009 11:59 PM
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norbs :
Orrr you just play games, and decode dvd's and blue ray into divx and by run the world you probably mean world of warcraft.



Or I could have meant exactly what I said. We run the BUSINESS WORLD. We also control video editing and now photo editing. Multi-GPU (oh and the new ones not the 1 year old crap) is what is available to us. New Photoshop is also PC exclusive.

And what's really funny about your statement is how ironic and stupid you are. Apples can only run World of Warcraft which is a 4 year old game. Good one!

norbs 06/26/2009 12:11 PM
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saturn77 :
Or I could have meant exactly what I said. We run the BUSINESS WORLD. We also control video editing and now photo editing. Multi-GPU (oh and the new ones not the 1 year old crap) is what is available to us. New Photoshop is also PC exclusive. And what's really funny about your statement is how ironic and stupid you are. Apples can only run World of Warcraft which is a 4 year old game. Good one!


Oh by we you mean't that microsoft... sorry i thought ur talking about yourself. Should i refer to you as microsoft?

ok listen microsoft, I work on computer all day and Yes they are windows based desktops and servers. When i go home I use my hackintosh and it's rock solid compared to half the crap we run at work.

I am however stuck with vista for a media center, and don't get me wrong i don't care that it's a MS product, I just think vista sucks. I have a dual boot XP/OSx machine for games and just tinkering with. But the machine i use day to day is the hackintosh and again it's rock solid.

Majority is not always better. Microsoft is good at business not software, Apple is good at software and marketing. I dunno but to me that is a pretty accurate.

I will admit however iTunes for windows sucks...

norbs 06/26/2009 12:13 PM
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saturn77 :
Ah did I strike a nerve there little cunt? QQ more! The scientific world? LOL! Hardly. I'm sure those schools that buy Apples love crashing their budgets. Why the f would they want an Apple and spend 2x as much and get less horsepower? Anyways, thanks for backing me up. You can't constest what I said. Our stuff is faster, runs the business and gaming world. GG.



LOL ok man you know what, ur just a kid with no experience except video games and this thing pretty much sums it up. I'm done wasting my time, take care =]. Keep waving the flag of your favorite operating system you little zombie. =D

saturn77 06/26/2009 12:19 PM
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--1+

Wow! I went on Apples website and I need to adjust my attitude towards their computers. They have got to be the biggest ripoffs in history. I can't believe they post crap like that.

$1000 for 4gbs of ddr3 RAM? OMFG! You can buy that for $100.
$300 for a 1TB hardrive? This is not even an upgrade and I'm sure that apple doesn't manufacture their own hard drives. You can buy one for less than $100.

$200 upgrade price for a 4870? WOW! You can buy a brand new one for less and this is 1 year old tech! This is the best they offer on a base $2500 system! OMFGx2.

Ya, I take it back. Apples cost 4x-5x as much as PCs.

I hope the shiny casings are worth it. LMAO!

saturn77 06/26/2009 1:42 AM
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norbs :
LOL ok man you know what, ur just a kid with no experience except video games and this thing pretty much sums it up. I'm done wasting my time, take care =]. Keep waving the flag of your favorite operating system you little zombie. =D



You are right. I am a kid at heart. I am, though, probably old enough to be your daddy. Buhbye. I will continue to "Microshit" on Apple all I want as long as people keep trying to tell me they are better computers.

Gotta go, I have an appointment to fuck you mom.


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