Mac cloner plans to take on Apple's Mac OS EULA

By Ed Oswald | Published April 15, 2008, 4:42 PM

Update ribbon (small)

6:15 pm EDT April 16, 2008 - A first-hand investigation by Gizmodo appears to cast doubt on the identity and even the existence of Psystar as a company, after its team found no evidence of a computer company doing business at the address listed on its Web site, and especially after that address appears to change several times at random over the course of a single day.

4:42 pm EDT April 15, 2008 - Miami-based Psystar is now offering a Mac clone for $399, and is vowing to fight for its right to produce the device should Cupertino's lawyers come a-knocking.

Under Apple's EULA, installation of Leopard onto any computer equipment other than Apple's own hardware is prohibited. If the past is any precedent, the company should be shortly contacting Psystar with a cease and desist request.

However, Psystar appears ready to fight, suggesting the clause forbidding such installations are a violation of US antitrust laws. Until then, it will continue to sell the OpenMac clone for $399.

The $399 OpenMac's base configuration includes a 2.2 GHz Intel Core 2 Duo processor, 2 GB of DDR2 RAM, Integrated Intel GMA 950 Graphics, a 20x DVD rewritable drive, and 4 rear USB ports.

A higher-end version, the OpenPro, retails for $999. The base configuration there includes a 2.6 GHz Core 2 Duo, GeForce 8600GT graphics card, 600 watts of power, 3 120mm fans, standard FireWire ports and front USB ports.

For both systems, Leopard is available pre-installed for an additional $155. On the Pro, additional systems other than Apple's can be installed.

"You don't need to spend an arm and a leg to get the full OS X Leopard experience," Psystar says on its Web site.

Psystar officials are comparing Cupertino's restrictions to Microsoft saying Windows could only be installed on Dells, or a car company telling you which roads you could drive on.

Either way, this offer does not look to be targeted to the average consumer. A quick perusal through the company's FAQ indicates that a user may not be able to always use the upgrades from Apple because some may be "non-safe," and the Web site seems to target the PC to the "experienced" user.

Apple could not be immediately reached for comment.

Comments

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Mr Jobs and his funny lawyers will destroy Psystar, those guys must be crazy, Apple is the owner of that software and they can restrict it in any way they want.

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It seems to me that Apple is perfectly within its rights to say that OS X is only licensed for use with Apple-branded computers.

Having this in the EULA doesn't mean that Apple will sue anyone who violates the EULA. But I bet Apple can reasonably argue that they aren't required to support a user who tries to run it on non-Apple hardware. Apple is not forcing you to buy OS X.

Apple probably also would not want OS X to get a bad reputation based on the perception it didn't work well if it turned out that the reason it didn't work well was because it wasn't running on supported hardware.

Just my personal opinion as a daily user of OS X, Linux, and Windows systems.

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dhjdhj,

By your reasoning Microsoft would be perfectly in their rights to make a computer and say Windows may only be ran on Microsoft branded systems.
And you don't HAVE to run Leopard on a Mac clone anymore, you could run Windows. It shouldn't be that hard for a clone maker to build a system that would run either Windows or Leopard.
It doesn’t look like this exist anyway, but I bet Apple would have a real fight on its hands.

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Wow. This is excellent advertising for a very small, insignificant business that was and should have remained under the radar.

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Sorry, this insignificant business a lot of hits lately from the hot deal forums.

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From the article: "Psystar officials are comparing Cupertino's restrictions to Microsoft saying Windows could only be installed on Dells, or a car company telling you which roads you could drive on."

Had IBM gotten Microsoft to sign their non disclosure agreement back in the day then chances are the Windows EULA would state that the Windows OS can only be installed on IBM computers, which would have been perfectly legal like Apple's current EULA is.

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Lame.

They are selling PC's with the OSx86 "patched" MacOSX.

In case anyone here is wondering, this is *not* 100% MacOS compatible and you will *not* get the same experience you would get with a true Apple Mac. (if Apple goes after them, this would be why. They are attempting to sell the MacOSX experience and the suer will get something completely different, and thus blame MacOSX for their troubles)

Most of you know I am *not* an Apple Fanboy, but check out OSx86's forums and hardware compatibility lists. Nothing but problems.

Anyone who knows enough about computing to get any use out of OSx86 can do it *without* buying one of these computers. Everyone else will get nothing but disappointment.

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Where did you read that? Just because it's running on a generic box doesn't mean they're using that hacked version. From the company:

"With the EFI V8 emulator it is possible to install Leopard’s kernel straight from the DVD that you purchased at the Apple store barring the addition of a few drivers to ensure that everything boots and runs smoothly."

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Where did I get that?

From their FAQ. Did ya read it?

Also from the "fully compatible" link:

The Open Computer/OpenPro is fully compatible with the OSx86 Project...runs the Vanilla kernel with minimal kext patching

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true but if you build a machine using the hardware that works well with open mac then it should work well. Also if you look at their website the same machine has the ability to put vista xp and linux packages on it at order time, so at heart its just a normal PC running compatable hardware for openmac.

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Yes but that does not necessarily mean that is what they are selling with it. From what I have read it seems they are just bundling it with retail copies. They're just saying if you have a patched copy it will work too. I may be wrong though, the whole thing is kind of shady.

Either way they really shouldn't have even mentioned that project though. It will do nothing but give Apple more ammo to use against them.

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You posted in another forum that you're a Latitude fanboy, right?

I got OSX86 installed on my C640 -- absolutely brilliant, however, my problem list? Quartz Extreme doesn't work with the graphics drivers that I had to hunt high and low for for the Radeon video card ... cannot get the DELL Wifi Card to detect ... and ... I don't know.. that's really it. I have a Dual Processor G3 (2x666mhz) and my DELL 1.8GHZ certainly outperforms it.

At least with this company, they've chosen hardware that they've had success with and installed it and I'm guessing that to an extent, they are warrantying their work...

It did, take me a while to get OSx86 working though and much of that was due to finding a working copy and then reading through OSx86's attempt at producing an organized site (it lacks an organized theory).

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Still no WiFi.

*shrug*

I'm not sayin no-one will be able to use it, I'm just saying it won't *be* 100% functional and thus *not* the whole "MacOSX" experience, which is what they're trying to imply.

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you sir, have absolutely no idea how the patching and kext work

even if "that" company is using retail copies, you still need to apply a patch, and thus making it a "patched version"

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No I don't, I've never installed a hacked version of OS X. From the way it sounded I thought they were emulating something in their hardware that allowed it to install retail copies. Are they really expecting their buyers to know how to install these hacks then? They make it sound like you can just buy OS X and install it.

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The pre-install it, and I am sure the CD they ship with it contains the modified files.

*shrug*

I did mess around with OSx86 for a little bit, but it was a mess from the get-go since I am using AMD. :p

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There is no way I'd want to buy a computer from someone who installs an OS in a way that is not approved from the maker. What kind of experience are you going to get when Apple slips something in there that stops these clones from working. Just look at Apple's stance on modifying the iPhone. And those people bought Apple hardware. Who knows what Apple will do to those who don't.

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People do this every day. You haven't gotten the warning that this driver has not been ceritifed for windows when you are trying to install something new?

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Try using Apple update from a patched copy =). Instant brick!

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The only difference between the prices is Apple thinks they deserve a higher price because they spent the time developing drivers to work flawlessly with their OS. and when you buy their computer your not paying for the hardware your paying for the compatibility. Unlike Windows where your paying for the hardware and less compatibility. Ex Vista

Anyone can take Apple's configuration use their OS and achieve the same Quality. Psytar can afford to do it cause they had to do limited to nothing besides purchase and OS and hardware and slap it together. Which is not hard.

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I just love fanboy's comment. They can just turn everything around. Apple is another but compatibility. Just look at their list of compatibility hardware. As oppose to Windows, you can throw anything at it, and it will just work.

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I hope at the end of all this it makes Apple produce a lower priced Mac that is a tower that can be upgraded and with a screen.

The MacMini is a joke.

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I've been saying this for the better part of a year now. I keep my eye out for decent deals on mac minis, if there ever are any, but would prefer a tower with options to upgrade.

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thats what keeps me away from trying them. I really dont want to buy a server in order to get a computer that can have a better video card put into it and yeah $2,700 for a desktop is way out of my price point.

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This story was on itwire.com yesterday, and the writer makes some very cogent arguments as to why it's not Psystar that Apple should be afraid of - it's Asia, Inc.

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If someone in Asia could build a system that would run MacOSX native, *without* kext patching, more power to them.

I'd have little problem with that.

It's selling this FrankenMacOSX that people should concerned about. OSx86's forums do not paint a pretty picture. They don't call it a "Hackintosh" for nothing.

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Aren't kext patches the same as device drivers for windows? the difference being the hardware for apples are tied directly to the kernel.

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No, kext patches are pretty much reused drivers with the memory addresses changed to match PC hardware... correct me if I'm wrong. There are still driver files.

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