Apple to face off against Psystar in court
By Ed Oswald | Published July 15, 2008, 4:11 PM
After three months of silence following the release of the Mac clone by Psystar in April, the Cupertino company sued the company over copyright infringement.
The suit was filed July 3 in the US District Court for the district of Northern California, San Francisco. Initial filings for the case are due in October, while a case management conference is scheduled for October 22, court documents indicate. Judge James Larson has been assigned to the case.
Psystar offers a Mac clone for $399, along with a higher-end version for $999. Originally called the OpenMac, the name was later changed to "Open Computer" -- likely to avoid trademark infringement.
Shipping of the desktops began in late April, although it is not known how many of the machines have so far been ordered. In addition to Mac OS X, Psystar offers the option to install Windows or Linux onto its high-end model.
Representatives for Apple and Psystar could not be immediately reached for comment.
BetaNews is currently in the process of obtaining a copy of the suit, and we'll provide extended excerpts as soon as we do.
Apple has sold the operating system indirectly to everyone using a Psystar Clone, if they are recalled I want to see Apple refund every cent spent on the OS to each owner! Psystar did make sure Apple get their $bucks$ that they we due! After all Apple watched their OS sell with the computer.
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|Apple should be careful on this one. This could backfire on them, opening up a new can of worms. Sure, I believe that Apple should be compensated for their IP. However, since the Mac Intel, most of the hardware is generic PC based; claiming proprietary rights will be a tough case.
Again, as for the software, yes, by all means, demand compensation and licensing fees.
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|I read the lawsuit off CNet...mmh, I got my money on Apple for this one, even though the suit seems a bit excessive.
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|now what are you kids trying to prove.
the idiot trying to compare a private company to a goverment that told people what they can and cannot do
and the rest of your losers whining about apple being in the wrong just because you cannot use a peace of software on your pethetic PC's. and if you spend $3000 on your PC your either a graphics designer or a loser who needs to get a life
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|...or someone who doesn't want to monkey around with a lot of BS building their own and makes more than a burger-flipper at McD's.
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|Isn't there something in the consumer protection laws that Psystar could use since when you buy a copy of OS X there are no signed or verbal contracts at the time of sale as to how to use the product the terms and conditions are forced on the consumer after the sale.
Would be funny to watch the chaos in the software industry if Psystar could find something in the consumer protection laws to make this argument work.
Sadly i can't see this happening.
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|They're not forced. If you don't agree with the EULA (just like your copy of Vista) you can return it to the shop or Apple for a refund.
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|First Sale doctrine is about all that they could use as I see it.
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|The EULA is exactly what could be argued it's terms and conditions after the sale.
For example lets say i sell you something then you take it home then i show up at you door going oh by the way you can only do this or that with it and then see you doing something i told you not to do with it and i sue you whats the court going to say and i'll tell you if i wanted terms and conditions there should have been a written or verbal agreement before the sale and then throw the case out.
Why should software be exempt from this one basic law other than providing support since the product is not being used as intended.
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|LOL. The day that we all knew would come has finally arrived. ^__^ Everybody has their own opinion but the only opinion that matters is Steve Jobs and mine. And we feel that knock off companies like Psystar who attempt to put OS X on crappy PC's cheapen the Mac experience.
An Apple OS belongs on Apple hardware. End of story.
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|and who says that you punk? are you like steve jobs' wife or something?? or a are you guys like a gay couple now married? and i bet my whole check that my $3000 custom made pc can and will beat that crappy s*** of yours
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|lol, sorry your opinion and SJ's mean nothing in front of a judge. Maybe someday when you were to be appointed to supreme court, I would like to hear your opinion at that time...
Whats an Apple OS? an OS that is 60% blatant line by line code copy of UNIX, BSD?
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|Name me one piece of "Apple" hardware in those systems, sherlock.
Just one.
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|The only thing really left that makes a Mac truly "Apple" is the enclosure, and even that is becoming fuzzy at this point. The hardware is run-of-the-mill PC, the OS is just a mangled BSD variant, and the whole thing is glued together by a cult-like following.
I'm not a Mac hater by any means - I have requisitioned a Macbook for my classroom because the software I use daily (Finale & Sibelius) are more mature for the Mac platform. That said, any minor-league tech at this point should be able to come to the logical conclusion that a Mac is now just a Country Club PC - same game as the other systems, just more expensive to get into and with a much more fundamentalist clientele.
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|As I posted in the other Psystar Thread:
I'm curious to know exactly what is your relationship, if any, with Mr. Jobs that puts you on the same "opinion bassed" level as he is?
Are you on the Apple board of directors? Close relation of Mr. Jobs? Was in the same building as him once durring a Mac World Expo, and you think you might have seen the top of his head from a distance while he was walking away from you?
Just a little bit of clarification would be nice.
This is coming from someone who uses OSX and Windows everyday.
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|As much as it would be nice to have MacOS X installing on any PC (legally) so we can have real competition for Windows in the consumer market... Apple has the rights here.
PyStar can challenge it all they want, they are still circumventing the OS (breaking the license agreement) so it will install on non-apple hardware, which in itself isn't necessarily bad... look at all the XP hacks out there and OSx86 project? But they are blatantly trying to sell that 'hackintosh' for profit, not for any other reason.
I just keep wishing Steve Jobs would realize the potential and profit for marketing OSX for all PC hardware. The demand exists...
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|Steve Jobs realises the advantages of a stable OS on predictable and finite hardware combinations. The perennial problem with Windows has been hardware support, drivers and compatibility issues: these are a non-issue if you control the hardware your software runs on.
Apple prefers to release a stable and reliable OS for a small market than a potentially unstable one for everyone.
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|For me, one of the things that keeps my interest (and keeps me in business) is the ability to craft a Windows or Linux based PC into pretty much whatever my customers want. Shoebox-size computer with a TV for a monitor? Check. Tall tower with six DVD burners and flames on the side? Check. Beige box with an On button and not much else? Check. While Apple may have the functional mass-production aspect down, they are lacking in the boutique market range that many enthusiasts are interested in.
While I am not going to fall into the OS vs OS battle as many do, I firmly believe that the ability to legally and affordably install OS X onto a custom-built computer, or to crossgrade a pre-built Windows or Linux based computer to OS X, would result in an immediate increase in market share for Apple. It would also cause them an immediate increase in tech support headaches because of open system hardware infrastructure, but that is the nature of the beast.
Psystar is providing something that consumers want; a win by Apple will not change that fact. I'd gladly take a foray into the OS X system if I could do it on my terms, with my hardware. Until I can, Apple producta are off my purchase list.
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|I guess Apple is primarily running the business of a hardware company. If you look at component vs sales prices you see extraordinary profits. Their trick however is to supplement this hardware with slick exclusive software, making it attractive for many consumers willing to pay the premium. Their soft isn't priced too far out of line but it helps locking people in and they must prevent leakage. I truly admire their marketing strategy.
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|You know, this is not exactly the first time that Apple has shot itself in the foot and a main reason why they are still now only a very distant second when they were the number one home computer maker in the world only a few decades ago.
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|The same way you can "admire" the former USSR for the way it had kept order in the Balkans? They didn't give those people much choice either.
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|sjc001, you couldn't be more wrong in that comparison. O_o Correct me if I'm wrong but Steve Jobs doesn't hold a machine gun or weapons of torture to people's head (like the old USSR) and force them to choice a Mac. People switch because they realize the phenomenal superiority of Mac hardware and OS X over Windows PCs.
It's the same reason why many universities and schools are adopting Macs at break neck speed. You M$ fanboy haters can hate all you want but you know Macs have sky rocketed in popularity very recently.
Schools that provide Macs as the preferred platform experience a significant decrease in drop out rates and FAAARRR less technical nightmares. Not to mention students who become wealthier over their life time. This is what every modern school should look like:
http://www.apple.com/edu...evideo/video_short.html
http://www.apple.com/education/it/video.html
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|Nice propaganda there,Comrade.... I see the "re-education" programs are running as well...
BTW, no brains, I not a M$ fanboy. You can ask the Tool about that. [smiles]
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|dude get the **** out of here
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|Sky rocket in popularity what ever you say. They have light years to go to even get close to MS install base.
Wha a load of crap you typed there.
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|Are you joking or just dumb?
1. Apple shares are performing extraordinarily well. USSR shares... well....
2. I used to own Macs, when they still cut it for me. Now they don't so I don't use them. The only repercussion is dealing with Apple fanboys (or girls, which I don't mind as long as the conversation can get turned around...) instead of a bullet in the head.
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|Dude - please don't take my side.
I want to have *NOTHING* to do with you.
Thanks ;-)
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|the phenomenal superiority of Mac hardware
You do realize the Mac is a PC now, right?
"Mac hardware" ceased to exist several years ago, sparky.
Try actually speaking of things you actually know something about. Sure, we'd miss you, but you definitely won't look as stupid.
It is better to remain silent and be thought a fool than to open your mouth and remove all doubt.Score: 0
|If Apple made OSX available to standard hardware they would have more than a 5% market share. They have a decent OS but with their overpriced POS hardware they will never get anywhere. That's why Windows has almost 100% of the world market. The money is in the software not the hardware.
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|Actually it is in neither. The real money is in PC repair.... Apple's computers are primarily disposable.
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|Tool, if they would simply sell a machine that they claim is compatible with OSX and left the purchase of OSX to the sustomer, they might have an end around.
What they are doing is not really so amazing - other than just circumventing the TCM on the Mac.
And as far as I am concerned, I think the market would eat OSX up if Apple ever had the good sense to release it unsupported for non Apple hardware that adhers to the Intel Roadmap.
They are no longer fundamentally dependent upon Mac hardware sales for their bottomline, and an increased OS base would not hurt them a bit! Especially is they choose to market cost competitive strategically targeted niche machines.
OK, a guy can dream.... ;-)
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|Heh..
Hey, I'd love to see the day.
Seriously.
But I really don't think Jobs wants to see his baby running on a bunch of low-endian, cheap hardware, barely working crap parts. n(And you *know* that's what the OEMs would start shipping them with)...
They could always go with strict HCLs and driver signing...but we see how well that's working for Vista x64...
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|Funny thing is, I actualy looked into buying one of these machines - and after it was all said and done I ended up buying a 24" iMac and am completely happy with it - sure the cost was $400 more than the high end $999 model and a monitor to go with it - but it is legal and works great!
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|The fact that SO many refuse to acknowledge, is that except for the most niche products, Apple's computers are not at all priced out of line with competing pre-built machines.
And I will still offer their dual quad core XEON desktop fpor about $3200 as the steal of the entire workstation market - for whatever OS you want to run on it! And having the choice to run everything is not a bad built in option either!
That said, if they would just release OSX to capitalize on those who are afraid to make the jump to Apple (as SO many STILL think the Mac is a different machine than a PC...Doh!) the flood gates would open f own built machines and pre-built PC users could try OSX.
But then, hey, I'm preaching to the choir. And Jobs is still a bright, but overly paranoid control freak.
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|So an extra $400 is not out of line?
Well it is for me.
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|I agree with all the above, but wish they'd come out with a cheaper product (Mac Mini price range) that is at least possible to put more RAM in without butter-knifing it open and comes with a screen.
The vast majority of PC users are buying cheap machines because (no s***) they're cheap.
Not that many look closely enough at the stats of a machine to tell what the difference between a £400 and a £600 machine is.
It's a huge market at about the £400-500 price point and Apple miss it entirely.
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|Psystar goes down. Settling, sued into bankruptcy or bought and shut down.
Well, that's it for predictions today folks. ;)
Seriously, Apple has way too much copyright and trademarking on their OS for this to even take up 1-0 seconds of the courts time. It's their product, they get to determine how it is packaged and sold.
Pretty basic stuff folks.
Yeah, I wish I could build my own Mac. It's be great. They don't want it to happen, so... I use Windows and Linux. :)
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|If you have a word like "Hackintosh" on your site there is no way in hell you win in court.
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