Psystar charges Apple with 'kernel panic'

By Jacqueline Emigh | Published December 11, 2008, 6:31 PM

Psystar can no longer accuse Apple of breaking the Clayton and Sherman antitrust acts. But the Mac clone maker continues to take the offense in its defense against Apple's charges of IP violations.

After its previous claims against Apple were thrown out of court, Psystar this week morphed its accusations against Apple in several other directions, including a complaint that Apple is causing Mac OS to crash when the operating system detects it's running on non-Apple hardware.

A federal judge last week disagreed with Psystar that Apple is engaging in monopolistic practices, a complaint lodged after Apple sued the smaller manufacturer for alleged IP violations in connection with Psystar's own Mac OS-based PCs. Then Apple filed a motion charging that as yet unidentified "persons other than" Psystar are working with the clone maker.

In the main thrust of Psystar's latest round of counter-charges this week, Psystar claims that Apple is misusing its copyright so as to block competition. Specifically, Apple's EULA prevents users from installing the Mac OS on non-Apple hardware, according to the complaint.

In a related accusation, Psystar contends that Apple is enforcing this policy by causing "kernel panic" -- or system crash -- to occur when Mac OS recognizes it is running on non-Apple hardware.

"On information and belief, Psystar alleges that Apple intentionally embeds code in the Mac OS that causes the Mac OS to malfunction on any computer hardware system that is not an Apple-Labeled Computer Hardware System. Upon recognizing that a computer hardware system is not an Apple-Labeled Computer Hardware System, the Mac OS will not operate properly, if at all, and will go into what is colloquially known as 'kernel panic,'" Psystar elaborates. "In kernel panic, the operating system believes that it has detected an internal and fatal error from which the operating system cannot safely recover. As a result, the operating system discontinues operation. As noted above, without a functioning operating system, functionality of the corresponding computer is reduced to near zero."

In another pillar of Psystar's latest legal claims, it says that in its recent introduction of the Digital Millennium Copyright Act (DMCA) as a legal tenet, Apple is using the act as a "paracopyright" by attempting to go beyond the protection actually afforded by that law.

Comments

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In their latest notebook line, Apple has raise the price bar as the MacBook (brick) costs more then the plastic one. And then came the financial situation and Apple offers an expensive line to a market that is shorter on budget.
On the other hans, when Steve Jobs was asked about a cheap netbook from Apple, he said that "we don't how to make a $500 netbook that is not crap".

I am a huge fan of Mac OS X (for desktop environment), but people want to run Mac OS X on a cheaper netbook, and here I feel, for the first time in years, the Pystar are right: we want Mac OS X and we want it on the hardware we want, be it a cheap netbook or a very expensive 11" sony vaio or whatever.
So I think that the battle that Pystar are having is a positive for us consumers and everybody that loves Mac OS should promote this - Apple should offer their OS on other machines.

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Pystar should just go under already. All they're doing is lobbing stuff at Apple hoping something sticks so they can justify themselves.

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Don't be surprised if some day we find out that Microsoft is behind Psystar, just like they were the funding for SCO.

...Just sayin'.

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I truly doubt that

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Were I Steve (Blow) Jobs gay partner Stevie B(allme), I'd most certainly be funding this. 'Though I'd not be a shrinking violet about it, indeed would advertise our contribution!

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Where, pray tell, is Psystar getting all its litigation cash? SCO didn't have a nickel either, yet it sued everyone and god for ten years without an apparent revenue source? (Remember, it started suing everyone to 'get' license fees for software they didn't even own.) Someone is funding them, unless you think money is dropped from B-52s....

Oh wait, it is (re: bailout)!

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Get an EFI-X dongle, and that will solve your problems. You can run OS/X and get updates from apples without any hacks. Get the retail OS/X, and install.

http://efi-x.com/index.php?language=english

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Look at their HCL.

It looks like a decent option, but you're going to end up buying a system specifically for this. Why not simply get a Mac?

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Exactly. In addition to that, you're getting a beautiful and elegant machine that won't crap out on you after 6 months of use.

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No, instead you'll get an overpriced underperforming MacBook laptop with limited I/O or an overpriced underperforming MacBook laptop already obsolete that your girlfriend can use as she puts on her makeup in the screen reflection.

Look at a real alternative like the Lenovo W700.

Its a shame all of Apple's efforts are directed towards their iPod and iPhone.

The ONLY thing Apple has that's worth anything is OSX - unfortunately its dragged down by the lackluster and mediocre gloss (literally blindingly so!!!) over substance.

Wait for a properly designed Nehalem laptop.

Anyone actually tried the EFIX dongle? For $199 its not TOO bad IF it works as advertised - but calling them and trying to get even the acknowledgement that it is a business is like making a drug deal.
If it does, then it might be worth it as one could then pair it with a real powerhouse laptop good for something other than farding.

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Doubt it would work.

From their FAQ:

"Q: When will the notebook version be published?
A: We are fully aware that you are eagerly waiting for it.
Please check back on our website for news and updates."

Apparently does not work on Laptops ATM.

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Upon further checking, they don't have current plans for a laptop version.

So this would be appropriate for the desktop - just be sure to check the MoBo compatibility list.

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Considering the continued preference of buyers going for laptops instead of desktops that's not going to help their profits much.

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The Macbook laptop is an elegant beautiful piece of engineering that is worth every penny. I read all of this nonesense about reflection problems with the new macbook pro. I just bought one this week and I have used it in all kinds of lighting situations, and I LOVE it. I blows away windows laptops, and I should know, I've been a windows tech guy for years and have purchased and setup dozens, if not hundreds of PCs and laptops since Commodore 64 days.

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What the hell is wrong with you people??!?! They're doing the same thing Microsoft was doing a long time ago, and everyone applauds this?!?

Hypocrites the lot of you! When MS does it, its the worst thing in the world... when apple does it, its tastes like apple sauce??? Get real!!!

The iPhone is just like Windows Vista you know... looks pretty, but performs like crap. No movie camera, no video chat... yet you all think its the greatest thing since sliced bread... go wake up!

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Dimwit, the only one who applauds has been i7.

And Apple is doing what MS did? Get a clue.

And then you go off on an asinine iPhone rant? And we are all iPhone groupies? Where do you get this crap? Oh wait, we know...

But keep editing it....eventually you might adjust it to say something remotely reflecting sentience.

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Hahahaha!

They are complaining that a kernel panic is invoked if it detects non-Apple hardware?

Hell, the TPM code is designed not to let it run at all! And they b!tch about something as derivative as a panic!

Psystar, just make the #$@% machines and let the customers buy the OS, and quit making up crap even more lame than what Apple routinely does!

Poor Apple... Its a shame their hardware can't compete in the open market. As releasing OSX for x86 would be a very smart move. Its a shame that Apple won't even try to compete despite their having a world class desktop and mid range server OS.

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This is awesome to hear. OS X has no business on a crappy PC. It GREATLY cheapens the Mac experience.

Great move Apple. Quite clever indeed. I can't wait for Psystar to fold up and die... which is coming sooner rather than later. ^__^

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Apple didn't make a move here.

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What? PC and Macs are virtually the same thing on the hardware level. How would installing OSX on a PC cheapen the mac experience. If you mean by making macs cheaper and at the price they should be then sure it will cheapen it.

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yeah, and nobody else can do what Psystar does? hell i could do it, and when i fold because of a lawsuit, someone else will do it.

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You don't understand - Apple simply can't make a quality machine for less than $1000.

In fact, despite the majority of the industry - including the firms that OEM Apple's units already doing it - its simply not possible.

Just ask Steve.

LOL!

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To answer your question cesspool, for the same reason Rush Limbore keeps broadcasting. Dummy!!!

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You are actually the stupidest, most naive idiot I have EVER encountered on the net.
GET A ****ING CLUE

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