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Psystar Back in the Fight Against Apple

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11:31 AM - July 30, 2009 by Marcus Yam

Psystar gets new lawyers and is ready to fight 'guns blazin'.

Psystar, the most publicized Mac cloner of all, appears to be back with a second wind and truly prepared to fight Apple in court.

"Open PC" maker Psystar takes PC hardware and through special software is able to make it compatible with Mac OS X. This obviously set Apple's legal team in action, who believes that the installation of Mac OS X on non-Apple hardware is a violation of the end user license agreement.

Psystar appeared to be avoiding confrontation with Apple when it filed for bankruptcy protection, but then the courts decided to allow the legal battle to proceed. Now Psystar is back and ready to fight – or at least it seems so from a posting on its company blog.

"Everyone here values openness. And that’s how we’re going to fight Apple: in public. We have nothing to hide. We buy hundreds of copies of OS X legally, from retailers like Amazon and Apple itself," the blog read. "We’re probably one of Apple’s biggest customers. Then we install these copies of OS X, along with kernel extensions that we wrote in-house, on computers that we buy and build. Then we resell the package to people like you. That’s it."

Psystar doesn't believe that the copyright on Mac OS X gives Apple the right to dictate which hardware it is permitted to run on, just as how it cannot tell developers what type of software to write – which suggests that Psystar sees itself as a Mac developer. Either way, the company now seems better ready to fight with new legal counsel.

"Now we’ve changed lawyers to better reflect who we are. Camara & Sibley LLP of Houston, Texas, has officially become our primary legal counsel in our ongoing litigation with Apple," the blog continued. "A new trial date has been set for January 11, 2010, in federal court in San Francisco. As we move toward trial, we’ll be keeping you informed about the arguments, the evidence, and what’s going on in the case. And, come January, Camara & Sibley will be ready to fight for Psystar, guns blazin’."

Source : Tom's Hardware US

Talkback
Add your comment
cekasone 07/30/2009 5:57 PM
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-20+

Even though I would never use OS X, I am happy to see Psystar putting up a fight against the big dudes. Apple just wants to be the only company out there providing consumers with OS X. You don't see Microsoft getting all pissed when people buy Windows and install it on a custom built machine.

megamanx00 07/30/2009 6:07 PM
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-20+

Sure hope Psystar wins. I don't like OSX myself, but I like Apple trying to force people to use it's generic overprice PC hardware even less.

Parrdacc 07/30/2009 6:10 PM
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-20+

Go Psystar!

Anonymous 07/30/2009 6:14 PM
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-3+

That's because that's what Microsoft wants you to do. They couldn't care less what hardware you run it on.

marraco 07/30/2009 6:15 PM
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I hope Psytar wins.

Forcing the consumer to buy product A with product B is a-moral.

griffed88 07/30/2009 6:34 PM
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jw_37 07/30/2009 6:39 PM
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Miharu 07/30/2009 6:46 PM
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-7+

Apple build a closed market.
Banning from IPhone Apple Store every software making competition with his own OS. Banning Google and others big name.

Something with the Mac Hardware. It's a PC with specified hardware. Specified hardware that you pay over the current market price.

I think Apple build an Antitrust case with theirs products and we should stop them.

If you read all article about Apple on Toms, you can see... Apple trying to stop every user to use their software incorrectly (for them).
Actualy, if you can go somewhere else then "Apple Store" is BAD.

Basicly, if you jailbreak your IPhone, your a big hacker and you have destroyed their integrity and their phone tower.... Next step, they'll send policeman after people who have an IPhone jailbreaked...

Apple is actualy a worst Antitrust case than ever.

montezuma 07/30/2009 6:59 PM
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I have wondered why the EU has been raping Microsoft with all these "anti-trust" suits, but they do nothing against Apple and their forcing(or attempting to force) customer to use their hardware with software the customer purchased(namely, the Mac OS).

If Microsoft did that, the EU would go into a full fledged "emo" rage. Hey, I just found a copy of OSX, I think it is time to install it on my non-Apple machine.

WheelsOfConfusion 07/30/2009 7:11 PM
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montezuma :
I have wondered why the EU has been raping Microsoft with all these "anti-trust" suits, but they do nothing against Apple and their forcing(or attempting to force) customer to use their hardware with software the customer purchased(namely, the Mac OS).


It's not OSX customers that are being targeted by Apple, that's why you don't see them shutting down the various homebrew Hackintosh groups and hobbyists. What they're going after is other companies reselling their product against Apple's licensing terms, for a profit. Imagine if someone was buying up a bunch of DVD movies, transferring them to VHS, and then selling those tapes for a profit. That's kind of what Psystar's doing with OSX.
I dislike Apple's attitude about OSX only shipping on Apple hardware, but I also don't think Psystar has a leg to stand on in defending what they're doing either. For me this is kind of like watching two jerks get into a fight.

garydale 07/30/2009 7:12 PM
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lifelesspoet 07/30/2009 7:14 PM
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-3+

I am actually a fan of apple products. I have a couple but I have also avoided a couple because its apple's way or the highway. Regardless of whether i like a company or on, I always like it when a the little guy calls bullshit on their practices and is willing to take it to court.
Bring on the clones.

socalboomer 07/30/2009 7:22 PM
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jw_37 :
Hey hypocrites, remember when MS was sued because they strong armed PC manufacturers like Dell, HP, etc to sell only Windows?



No - strangely, it has been only Win or Linux and Dell and HP do that. We were in favor of it when it started happening, and MS isn't worried about it.

I'm against ANY strong-arming. I'm against the strong-armer portraying themselves as "open" and as the good guy. . .

Moohbear 07/30/2009 7:24 PM
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Greg_77 07/30/2009 7:25 PM
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Next Apple will claim that OSX clones will bring down the internet and set puppies on fire...

SAL-e 07/30/2009 7:32 PM
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WheelsOfConfusion :
Imagine if someone was buying up a bunch of DVD movies, transferring them to VHS, and then selling those tapes for a profit.


What exactly is wrong here? You pay for DVD movies, you pay for VHS tapes, you put effort to produce something and you want to make profit on your effort. I think all companies are doing this every day, buy supplies/parts put some labor and produce new product and sells it for profit.
Your example is incorrect because it implies that you get single DVD and making multiple copies and this is copyright violation, but Psystar is not copying, they are buying retail box of OS X for each computer they sell.

hellwig 07/30/2009 7:34 PM
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WheelsOfConfusion :
What they're going after is other companies reselling their product against Apple's licensing terms, for a profit. Imagine if someone was buying up a bunch of DVD movies, transferring them to VHS, and then selling those tapes for a profit. That's kind of what Psystar's doing with OSX.


Your analogy is incomplete. Psystar is only making 1-to-1 "copies". Your analogy implies they bought 1 DVD and made 100 copies, but Psystar buys 100 copies of OSX and makes 100 computers. They aren't cheating Apple out of any money with regards to OSX. Apple is upset because they don't get to the corresponding hardware sales.

Imagine if Sony Pictures sued you because you bought the latest movie release on Blu-Ray, but played it on a JVC player instead of a Sony player. That's what Apple is doing here.

Houndsteeth 07/30/2009 7:39 PM
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A Mac OS X that is no longer tied to Apple hardware would be a nice thing to see. It would mean that Dell or HP could then make a license agreement with Apple and sell their machines with the OS preinstalled. It would mean that Apple and Microsoft would finally be competing on even ground.

My only caveats are this.

1) As soon as Microsoft has to compete with Apple on the same hardware platform, Microsoft will shalve all future development for Mac OS X applications and suites, such as Office.

2) Large holes in driver-level support for hardware outside of Apple standard reference will become very apparent. Apple has been developing their own "drivers" (in BSD Unix, these are essentially kernel extensions) for their own hardware, to include any devices on the mainboard as well as any PCI or USB peripherals. Some third party developers are experienced in driver development for OS X, but not nearly enough to deal with the multitude of hardware available out there for Windows. Hell, not even Microsoft can keep up with the driver development, as has been demonstrated by Vista's lack of key peripheral drivers from third party developers.

3) Unstable hardware will give Apple an (even worse) name. The unwashed masses will blame pure hardware issues (ie, bad memory, faulty components, mishmashed hardware) on buggy unstable software from Apple. M$ has dealt with this for years, and while a large number of BSODs are verifiably attributable to bad programming, a large number of them are actually attributable to bad hardware. Apple uses near top-end hardware in their computers (which is less likely to have defects), while Dell (and other PC integrators) only use comparable hardware in their comparably-priced machines, while paying bottom dollar for their low end hardware that people snap up like hotcakes because it is such an unbelievable deal.

Moohbear 07/30/2009 7:42 PM
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Quote :Imagine if Sony Pictures sued you because you bought the latest movie release on Blu-Ray, but played it on a JVC player instead of a Sony player. That's what Apple is doing here.


Except Sony would be selling you the Blu-Ray cheap, provided you only play it on a Sony player.
Apple doesn't sell "retail" version of MacOSX, only upgrades for existing customers. They require a Mac, which all come with a version of MacOS. Their only fault is not to require an install DVD to run the boxed version (like MS does for upgrade).

cekasone 07/30/2009 7:56 PM
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The thing that really bothers me is that Apple says OS X can only be installed on Apple based hardware. But when i look at an Apple computer's specs, i see an Intel processor and nVidia graphics. What's so different other than the motherboard being proprietary. I think Apple should be like Windows and sell OS X as a stand alone operating system for people who are interested in installing the OS on a $400 desktop.

rhys216 07/30/2009 8:03 PM
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--1+

Quote :It's not OSX customers that are being targeted by Apple, that's why you don't see them shutting down the various homebrew Hackintosh groups and hobbyists. What they're going after is other companies reselling their product against Apple's licensing terms, for a profit. Imagine if someone was buying up a bunch of DVD movies, transferring them to VHS, and then selling those tapes for a profit. That's kind of what Psystar's doing with OSX.
I dislike Apple's attitude about OSX only shipping on Apple hardware, but I also don't think Psystar has a leg to stand on in defending what they're doing either. For me this is kind of like watching two jerks get into a fight.


I'm sorry to be the one to tell you this but Your IQ has a logic deficiency

SAL-e 07/30/2009 8:12 PM
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--1+

Here more food for thought.
Per Apple we need to use copyright laws to stop the terrorists striking USA.
Apple Fears Jailbroken iPhones Could Kill Phone Networks
Are Apple lawyers thinking we are so dam stupid?!

The_Blood_Raven 07/30/2009 8:22 PM
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-0+

I would love to be able to dualboot actual OS X on my main computer, hackintosh barely works as it is on my laptop.

griffed88 07/30/2009 8:23 PM
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vabeachboy0 07/30/2009 8:31 PM
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thats funny how mac users install windows on their macs hmmm.....

griffed88 07/30/2009 8:37 PM
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--1+

vabeachboy0 :
thats funny how mac users install windows on their macs hmmm.....



its funny how pc users are putting OSX on their hackintoshs hmmm....

WheelsOfConfusion 07/30/2009 8:55 PM
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SAL-e :
What exactly is wrong here? You pay for DVD movies, you pay for VHS tapes, you put effort to produce something and you want to make profit on your effort. [/quote]
You don't have a right to sell those VHS versions is my point. It's not about how much work you put into it, it's about copyright law restricting what you can do with something after you've bought it. In the case of Apple and Psystar it's about what Psystar's allowed to do with OSX once they buy the disc, which doesn't include pre-installing it on non-Apple hardware and selling the system.

[citation][nom]SAL-e[/nom]Your example is incorrect because it implies that you get single DVD and making multiple copies and this is copyright violation, but Psystar is not copying, they are buying retail box of OS X for each computer they sell.


hellwig :
Your analogy is incomplete. Psystar is only making 1-to-1 "copies". Your analogy implies they bought 1 DVD and made 100 copies, but Psystar buys 100 copies of OSX and makes 100 computers.


Well I didn't mean to imply someone was selling a bunch of VHSes made from one DVD, I just reached for an example of someone making modified copies and reselling without the proper permission to do so. Psystar was selling computers with OSX pre-installed, not just clean computers and a bundled DVD of Leopard for the customer to figure out. If they were doing the latter there probably wouldn't be any standing for Apple to even sue.

hellwig :
They aren't cheating Apple out of any money with regards to OSX.


I didn't say they were, I said they weren't following the terms by which 3rd parties are allowed to install and distribute it. I personally hope those terms get struck out as illegal and non-binding, but at this point I think it's a long shot.

hellwig :
Imagine if Sony Pictures sued you because you bought the latest movie release on Blu-Ray, but played it on a JVC player instead of a Sony player. That's what Apple is doing here.


If JVC didn't have a license to make and sell Blu-Ray players in the first place that'd be a better analogy. Unfortunately that's not the case here.

Here's hoping I didn't screw up the formatting somewhere. Tom's needs a Preview feature, if not an Edit one, for comments.

miket733 07/30/2009 8:59 PM
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I find it very annoying that people only refer to computers with Windows as personal computers! Are Mac computers not personal too? Sorry, dumb question...

zelannii 07/30/2009 9:35 PM
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OK, get some facts straight:
(disclaimer: I do not currently own a mac, nor am I a FanBoi, but I do despise FUD and will seek to quell it when it spills)

1) NOTE: OS X retail package is NOT the OS in a box, , it is NOT the retial equivalent of Windows Vista Ultimate retail box, it is the OS UPGRADE in a box. You are required to have a "full version" to install it, which opnly comes on a mac as Apple has not provided "full version" pricing. This is NO DIFFERENT than Microsoft suing people and companies from installing OEM or Upgrade-only licences on machines that do not qualify for those reduced prices. OS X full version is the equivalent of $300. When PsyStar pays Apple $300 a copy instead of $129, they'll have a case (and a lesser equipped machine in the same price category with crap support and questionable longevity)

2) Apple's hardware is not "cheap or generic" overpriced kit. Take a REAL and HONEST look at the system components and make comparrisons to the competition. Each Apple model is either in line or significantly CHEAPER than the competition (when like hardware and features are compared), and this higher end you go the more the price is in Apple's favor. Go on, find a kit with Bluetooth, dedicated 9400GPU, fast bus, dual core, high battery life, firewire, and wireless n priced under $850 in a 13" notebook factor. Dell's Adamo machines are rediculously priced compared to Apple's 15" line, and the Dell Studio line has crap components and is simply not in the same class as the 15" pro. Yes, you can get a "generic" PC cheaper, but that PC is NOT a machine that edits video, plays WoW, and manages a database of 10,000 songs and 50,000 pictures. Apple does not buld kit for the lowest tier of users becuase the lowest tier don't do things that require Apple's software (the 1 supprot call from a $400 laptop user blows all the profit on that machine).

As examples: Dell Studio 15 (GPU not available in 13, so we go bigger and heavier) same specs as Apple 13" white macbook, updated macbook to 320GB/4GB to match Dell. Dell $1298, Apple $1199. Or, compare to 15" Macpro machine which is $1399, but has a 7 hour battery, aluminum frame, weighs less, has a faster bus, CPU, and GPU, and a cheaper 3 year waranty. Oh yea, if you qualify for Apple's student/teacher discount, the better MacPro 15" comes out $100 CHEAPER. Closest machine Dell has to compete with Apples 15" or 17" pro system specs? The Alienware 17" at WAY over $2000, and not less than $220 more expensive then the equivalent apple model, and with a whoping 1.5 hr battery and 4.6lbs more weight than even the 17" pro.

Go further, try and even come CLOSE to Apple's included free software offering: non-linear video editing application capable of handling HD and multiple intermixed audio tracks, complete DVD authoring suite, web publishing/blogging suite, fairly advanced photo editor with awesome photo management capabilities, PDF converter, A productivity suite nearly rivaling Microsoft Office, a music composition and recording system, and no requirement for AV/AS software. Even if you could get a PC for $300 less, if you edit home movies, or manage massive numbers of images and music, and need a productivity suite (the only customers Apple targets, don;t talk to me about Grandmas who only surf and e-mail, they can have a $300 shitbox PC, that's all they need!), you can't get that software for the difference and get anything worth a shit. Pinnacle studio (inexpensive at $200) is still crap for editing anything over 30 minutes of footage and is quite limited. Adobe Photo management is $49. Office home is $129. Roxio is $79. AV and AS is another $30-70 depending on your choice of coverage/simplicity (I'm excluding free here as most people who know where to find and how to properly use the free alternatives for security software don't typically buy retial built machines). Apple is HIGHLY competitive on price WITHING THEIR TARGET MARKET SEGMENT. Again, they IGNORE the low end market (no profit, often losses, and it would make the OS experience suck).

TEAMSWITCHER 07/30/2009 9:36 PM
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--1+

Psystar is headed for the morgue. The problem isn't only with the copyright, it's the license agreement. Apple owns Mac OS X (with no legal ambiguity), and Psystar is violating the license agreement by circumventing the Macintosh EFI to boot on non-apple hardware. The DMCA has very specific wording regarding the use of technology to circumvent the copyright, for any reason. Good bye, Psystar.

Anonymous 07/30/2009 9:39 PM
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-0+

Screw a Mac clone, let's take the same BSD kernel that Apple stole, and make a free, open-source, binary compatible OSX clone. It's kind of like the ReactOS project, but it'd be a heck of alot easier, since the hard parts to code are already freely available. Apple didn't base OSX on UNIX because "it's old, awesome, and secure", they based it on UNIX because it's what they could get away with stealing from the opensource community. They would've have probably prefered to steal a bunch of GNU/Linux code, but the license makes it illegal.


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