I want Apple to realize why people would have bought these computers:
Or in other words, you want Apple's ownership of its copyrights, licenses, patents and the platform in general to be eroded by lawyers and opened up to all and sundry against their will, because they don't currently make your ideal computer, while you, as a single consumer, know better what the market needs than a company with a research and development arm that produces the most desirable IT objects on the planet.
Seems perfectly justified.
Or in other words, you want Apple's ownership of its copyrights, licenses, patents and the platform in general to be eroded by lawyers and opened up to all and sundry against their will, because they don't currently make your ideal computer, while you, as a single consumer, know better what the market needs than a company with a research and development arm that produces the most desirable IT objects on the planet.
Seems perfectly justified.
[...] a drive attachment that can handle either one 3.5 inch HDD, or two 2.5" drives. (try setting two 2.5" drives side by side, and comparing the footprint to a 90-degree rotated 3.5" drive. Almost identical.)
Pystar is ripping off Apple's work. Pystar doesn't have any legal permission to produce a Mac. I would wager in the 18-24 months, the mini will get a revision or the headless Mac will be introduced.
let's not forget that unlike companies like microsoft, apple is a "hardware" company. they are competing against dell, hp, and toshiba more than they are competing against microsoft. they only target microsoft because they are using OS X as a selling point to buying a mac.
as far as i'm concerned, like it or not, apple wrote OS X and they can do whatever they want with it. nobody is making anyone buy it, buy into its concept, or even making you like any of the decisions that are made. they have every right to do as they please with their baby... period.
also, when you purchase a mac, you are paying for all the engineering and R&D that went into that fine piece of machinery. so while i agree, there should be more affordable macs, we will only see this if apple were to sacrifice design and engineering, which kind of defeats one thing that makes a mac a mac.
also, it would put a damper on apple's reputation if other vendors were to make cheap versions of mac only to find a host of hardware issues because the vendor chose to cut corners in order to bring the price down.
allow me to clarify my position on this. on the one hand there are arguments that separate OS X and Mac as 2 separate entities. however, in the eyes of apple they are one in the same. they use OS X to sell Macs and Macs to sell OS X. apple has bet all their reputation in the pc market on "it just works". any effort to take a fine product like OS X, and place it on machines that have cut corners to make their pc more affordable, will risk apple's "it just works" reputation.
Apple controls everything. IMHO, it should stay that way.
EULAs are not legally binding, and copyright laws only prohibit others from selling duplications and modifications (the latter of which PsyStar is doing). Copyright laws, however, would not stop a vendor who has discovered how to install an unmodified OS X on 3rd party hardware, nor should they! Why? Because then copyright laws would then be facilitating Apple's anti-competitive means to bind customers of one product to another... which is illegal, by the way.
A turning point for the enforcement of shrinkwrap licenses, however, came in the case of ProCD, Inc., v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996), in which the Seventh Circuit upheld the enforcement of such licenses. In ProCD, the license at issue restricted the software to noncommercial uses. In agreeing that shrinkwrap licenses are enforceable, so long as they do not otherwise violate generally accepted principles of contract law, the court cited the evolving nature of the software market and the role of shrinkwrap licenses in preserving the viability of the mass market software industry.
Since ProCD, numerous courts have upheld the enforceability of shrinkwrap licenses, generally rejecting the argument that they are unenforceable contracts of adhesion. See Hill v. Gateway2000, Inc., 105 F.3d 1147, 1149 (7th Cir. 1997) (holding that contract terms inside a box of software were binding on consumer who subsequently used it); see also Mudd-Lyman Sales and Serv. Corp v. UPS, Inc., 236 F.Supp. 907 (N.D. Ill. 2002) (ruling that plaintiff has accepted terms of license by breaking shrinkwrap seal and by its on-screen acceptance of terms of software license agreement); see also M.A. Mortenson Co. v. Timberline Software Corp., 140 Wn.2d 568 (Supreme Court of Washington, 2000) (the licensing agreement set forth in the software packaging and instruction manuals was part of a valid contract).
The rationale underlying ProCD has also been extended to the electronic variation of the shrinkwrap -- the clickwrap. See DeJohn v. TV Corp. Intl., 245 F.Supp.2d 913 (C.D. Ill. 2003) (holding that clickwrap agreement was enforceable and not an adhesion contract because user expressly indicated that he read, understood, and agreed to terms when he clicked box on Web site); see also Barnett v. Network Solutions, Inc., 38 S.W.3d 200, 203-04 (Ct of App. Tx 2001) ("by the very nature of the electronic format of the contract, [the plaintiff] had to scroll through that portion of the contract containing the forum selection clause before he accepted its terms and that parties to a contract are not excused from the consequences resulting from failure to read the contract").
Why? Because then copyright laws would then be facilitating Apple's anti-competitive means to bind customers of one product to another... which is illegal, by the way. Microsoft got busted for tying Internet Explorer to Windows, if you'll recall. This is no different.
Let me say it another way: Right now, Apple can justify locking OS X to their units because there is no other hardware configuration that will natively support the software. They can simply say, "well we're not technically preventing anyone from installing OS X on other hardware." But once someone discovers how to install retail OS X on generic hardware, that excuse is gone and Apple can no longer prevent users from installing OS X wherever they want, lest they be anti-competitive.
...they don't currently make your ideal computer, while you, as a single consumer, know better what the market needs than a company with a research and development arm that produces the most desirable IT objects on the planet.
Or in other words, you want Apple's ownership of its copyrights, licenses, patents and the platform in general to be eroded by lawyers and opened up to all and sundry against their will, because they don't currently make your ideal computer, while you, as a single consumer, know better what the market needs than a company with a research and development arm that produces the most desirable IT objects on the planet.
Seems perfectly justified.
Like I've said before: I love OS X but don't like Apple.