Apple: Psystar clone-maker is working with unnamed collaborators

By Jacqueline Emigh | Published December 4, 2008, 2:29 PM

Although Apple isn't clear on the identities of the accused perpetrators yet, the company went to court this week claiming that Mac clone-maker Psystar isn't working alone in its alleged violations of Apple's IP rights.

After convincing a federal judge to dismiss a lawsuit accusing Apple of monopolistic practices, Apple went back to court this week to file an amended complaint charging that "persons other than" Apple's nemesis Psystar are also involved in the clone-maker's alleged trade infringement against Apple.

Apple's amended legal complaint filed this week also adds a claim of violation of the Digital Millennium Copyright Act (DMCA), a US copyright law that criminalizes production and dissemination of technology, devices, or services intended to circumvent digital rights management measures, as well as the act of circumventing a DRM access control.

A pertinent paragraph from Apple's amended complaint follows:

18. On information and belief, persons other than Psystar are involved in Psystar's unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10 (collectively the "John Doe Defendants"). On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple's intellectual property rights, breached or induced the breach of Apple's license agreements and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained.

As previously reported in BetaNews, in mid-November, Judge William Alsup upheld Apple's motion to dismiss a suit from Psystar contending that Apple has broken the Sherman Antitrust Act by tying OS X to Apple-labeled hardware and the Clayton Antitrust Act by carrying out monopolistic practices and exclusive dealings.

Psystar filed the countersuit in August after getting hauled into court by Apple on accusations of trade infringement and breach of contract around selling computers that run a version of Mac OS X.

In Apple's amended complaint filed this week, Apple essentially said it believes there are corporations and/or individuals other than Psystar involved in Psystar's alleged legal misdeeds, who might be brought into the case later as defendants after Apple unmasks their identities. Meanwhile, despite the legal doings, Psystar continues to sell desktop and notebook PCs. At the end of October, Psystar announced that it had beat Apple out the door with a Mac desktop PC featuring an optional Blu-ray drive.

Comments

By any chance would these 10 John Doe Defendants apple are wanting to fine, be the same ones of the OSx86 community who're activly creating the disc images and or the ones that are modifying/patching the Mac OS X code so it runs on a Standard PC?

It could be that Psystar has done damage to the the community that Apple have been happy to ignore for the last few years.

Personally, I think Apple enjoyed having enthusiasts running OS X on their PC until someone, Psystar, decided to take it to a commercial level.
I know two friends who've gone out and got real mac after using OS X on their PC. One a long time Linux user, and one a Windows user. Both got Mac Books now and continue to use OS X.

I'd like to follow in their foot steps, OS X on a real Mac platform is really nice, but the price of the Mac hardware is too expensive. In saying that, I wouldn't want to buy a cheaper system from Psystar either as its not offically supported by Apple in OS X.

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Who cares about this story?

Just buy a Psystar and save a few bucks.

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Wrong advice my fellow Apple fanboy in denial. When Psystar has been buried in legal proceedings, who's going to support the Frankenstein abominations they created after Apple issue updates to it's OS? Right now the patching and updates are handled thru Psystar but when they're soon out of business and long gone, what happens then?

I'll tell you what happens, people will want the real deal and get a Mac as they cannot stomach the thought of going back to plain and boring Windoze.

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"Fankenstein abominations"

Dimwit, they are simply x86 machines - you know - like your mediocre MacBooks with the crippled 'log out log in' video option 'bug' presented as a feature instead of a poorly executed capability that other x86 'abominations', that use it, are NOT subject too - you know, the manufacturers not smart enough to use the MUCH more advanced Lucid Hydra video load balancing processor.

And your entire point about upgrades is asinine - but it is consisent with your wacked BS.

If the USER buys a copy of OSX and installs it, they get updates! ANY owner of an official copy of OSX gets updates! And Psystar is not pirating OSX! They are using legitimately sourced copies of OSX!

...Going to fast for you fanjerk?

The bigger problem? Many are sick of mediocre MacBooks that can't compete in the low end, and can't hold a candle to other machines on the high end!

And even Tom's h
Hardware in its recent review of platform capabilities trashes Apple's video capabilities other than simplicity and ease of use. Even Adobe has marginalized Apple. Congrats dillweed.
http://www.tomshardware....windows-linux,2080.html

Its a shame Apple prefers to emphasize form over function. And even more ludicrous that Apple rolls out NEW MacBooks on the eave of Nehalem's release that are incompatible and resource constrained relative to the HUGE CPU performance advances that renders them obsolete even before they ship! Its laughable and completely negligent planning!

"Yup, buy a NEW more limited functionality MacBook, the platform rendered obsolete by the new readily available technologies even before it ships!" Hows that for the new Apple-PC ad? And don't dare to compare the Apple branded POS machines to such machines as the Lenovo W700 released almost on the same day!

If the machines were future oriented and they actually refelected curent design capabilities, this entire discussion, and the market of which you and Apple is so terrified, would be moot.

So bite me, fanjerk.

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Any way you slice it it's still against the license terms you agreed to upon installing the OS that OS X is to be installed on apple certified hardware.

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Trust me, we'll make sure its installed on Intel Roadmap compliant hardware.

What I run it on and use it for within the confines of my own personal use after I legitimately buy it is my business.

In the 90's Apple was telling us in the Physics world that their machines were for desktop publishing instead of scientific and engineering use as well.

Thanks mom.

LOL!

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doesn't mean it's legal.

What you buy doesn't correspond with what you own. Don't forget all software is licensed. you don't own OS X, Apple does.

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Like you would really care?

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doesn't matter if I care or not. that's the fact.

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Where did they find this guy? He must be i7's incestuous brother...

Gee mom, you mean its not legal for me to use Apple software to edit my snuff films or porn?

You're no fun!

As long as I'm not reselling or redistributing it, what I do with it in my home is my business. And I use old versions as coasters for my coffee and tea cup - how does that fit into the usage agreement?

We're all going to hell eventually (as if we aren't already there!)

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...and an utterly superfluous one, at best.

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Die Psystar, die! Stop cheapening the Mac experience by putting OS X on crappy PC hardware.

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Everyone: Sssshhhhhhh!

Don't wake up the asinine fanboy or let him know that the Apple uses PC hardware as well!

You see, he still thinks the Mac hardware other then their use of the TPM (which is also PC hardware) is not PC Hardware.

The irony is that Psystar is able to undercut the Mac's price so substantially while the new MacBooks still require you to log off and lon back on to reallocate video processing between the integrated and add on GPU - something lowly PCs don't require! And Apple still hasn't figured out what the Lucid Hydra video load balancing chips can do! Of course, Apple tries to force sales of the MacBook Pro as including a $7 Firewire port is simply too cost prohibitive!

But then advanced graphics processing architectures have been abandoned on the Mac as well.

MacBooks - high priced mediocre performers that can't compete on the low or high end.

And its really a shame, as their OSX is quite nice. Time to put just a bit more emphasis on performance and actual capabilities than simply on flashy exteriors.

Need some help? Go look at the Lenovo W700.

You know, if Apple was more competitive, they wouldn't have companies like Psystar making you look like arrogant asses. You would just have control freak Steve for that!

LOL!

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;)

On a serious note, the more I heard you preach on and on about the W700 in the past few weeks, I couldn't help but be intrigued. After checking out the specs and the options, that is one seriously sexy notebook. I'm definitely considering one now. Thanks.

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"Don't wake up the asinine fanboy or let him know that the Apple uses PC hardware as well!"

No troll soup for you!

*BREAKING NEWS*

Apple NEVER has used PC hardware........

APPLE USES...... *DRUM BEAT*...... APPLE HARDWARE!

Oh no, duck! Here's comes reality!

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I wonder how sexy those viruses will be? O_-

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Intel Apples use...Intel CPUs. Intel makes x86-based desktop/workstation CPUs for which PCs are famous. These Intel CPUs are almost exactly the same CPUs Intel sells to HP, Dell, and myself for use in our PCs. They are the same socket type (LGA775), same name (Core2Duo/Quad), and run on the same motherboard chipsets (Intel P35/P45, X38/48 and nVidia nForce).

I'm not an Apple hater. i like much about their PCs, but since they moved to Intel, the only 2 things distinguishing them between a PC is OSX and their absurd 1 and 2 button mice. the hardware is identical to the hardware found in my home PC.

How can Apple prevent me from installing legally purchased software (OSX) onto my now-compatible hardware? Since the move to the Intel Core architecture, it's now almost analogous to Microsoft not allowing Windows be installed on a PC sold with Linux pre-installed.

This whole ordeal, plus the current "Im a Mac" ad campaign really has be annoyed. They can compare OSX and Vista fairly, but Apple hardware IS PC hardware, so how can you differentiate the two? They moved to Intel because they could offer a higher yield of CPUs/motherboards and b/c the Core architecture was and still is the fastest architecture on the planet for consumer desktops and workstations, faster than the previous IBM PPC. Without the separate PPC architecture, a Mac is no longer a Mac, it's now a PC clone with a funky, less useful mouse and a different (possibly better) operating system.

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Apparently reality still hasn't reached you.

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We'll go very slowly for the fanjerk.

There is no such thing as "PC hardware"

But there is such a thing as the Intel Roadmap, to which many PC manufacturers and Apple subscribe. And Apple has chosen to limit itself strictly to this guideline rather to the various more expansive options afforded by AMD and others.

...Kind of like why Apple can't quite figure out SLI or CrossFire video capabilities...right fanjerk?

I could care less who the OEM is, as Apple does not make its own components.

Reality? You have light years to go before you ever even come close to that concept!

And the REALITY is that you single-handedly do more to denigrate the Apple brand than all of the Windows fanboys here combined.

Take a bow, as its quite an accomplishement to stand out in the stupidity department on this site!

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You come close regarding Apple simply being an Intel Roadmap compliant machine, but unfortunately, while not quite like the Applejerk in ALL things IT (hey, its difficult to achieve such a lofty level of ineptitude), you're a little fuzzy regarding the Power line. ;-)

And given the PPC chameleon nature (bi-endian per instruction!) and the CHRP (IBM's common hardware reference platform - allowing it to morph to run almost ANY OS faster than it did on its native hardware - yup, Jobs killed that too when he returned), chalk that up to just one more example of Apple's missed opportunities that is is just now regaining by moving to Intel and thus enabling other standard unmodified OSes to run on the machine as well - the only reason you need 'bootcamp' or Parallels or VMWare Fusion to run Windows nd Linux on the Mac is that Apple does not natively provide a 32 bit BIOS that the other older legacy OSes will recognize... as Apple only natively includes Intel's EFI bios - the native BIOS developed for the 64 bit Itanium).

At the time of its release, the G5 - a radically downsized version of the then current Power line - blew away Intel and AMD. And Altivec - the 128 bit vector calculation engine/-coprocessor in addition to the 'other' optimized math coprocessor - was a radically powerful implementation of a technology that had been previously ONLY available in dedicated HIGH END servers.

And by the time Apple left Power, Power was almost 2 full generations ahead, and it made no sense for IBM to allocate significant resources to redesign a low power version of a near obsolete processor generation for a minuscule niche market.

The fact is, Power is still FAR ahead of Intel and AMD. But they have totally abandoned the desktop market - just as when IBM divested itself of the entire PC division. The closest processor IBM manufactures to a desktop suitable CPU is the cell.

So quit trying to evaluate Power based upon a limited understanding of the Apple history.
The irony is that The Quadras were literally IBM RS6000 desktop clones that came from the merge of AUX with AIX - including the mid 90's 604e Apple servers being shipped with AIX!

Bottomline, Apple is a fully compliant Intel Roadmap machine. In other words, its Intel's vision of the PC. End of story.

Damn this issue gets old - and its utterly amazing how many STILL haven't a clue. ;-)

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Funny, the viruses on it will probably be more powerful than your anemic overpriced MacBoook Pro as well!

The "NEW" already obsolete 'more limited than in the past' MacBooks SUCK!

Maybe next year when Apple gets around to reacting too late to the introduction of Nehalem, they MAY get it right. But if history is ANY indication...don't hold your breath.

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Perhaps I was a bit extreme in my complaints - as the new glossy MacBooks DO let you adjust your makeup in your screen reflection (a big point with the woman), while they should similarly be a boon for those Info Assurance and forensic folks who will want a record of all of the fingerprints that show so spectacularly well.

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lol

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What's wrong cesscam66? Still upset that Prop. 8 in California banning gay marriage passed?

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The irony is that Apple supported it...

...so how about minimizing your carbon footprint and shutting your gaseous blowhole.

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LOL

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lol!

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i would like an apple desktop, but could only afford a pystar :)

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It's a consPIRACY, I tell you!

*sheepish grin*

Yeah, that was bad...

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