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Reports of Psystar's Demise Appear Premature

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MacRumors

macrumors bot
Original poster
Apr 12, 2001
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30,845


Yesterday, we reported on a story quoting a Psystar attorney claiming that the unauthorized Mac clone manufacturer was in the process of winding down its business in the wake of a permanent injunction issued against it by a federal court judge earlier this month.

A new report from Computerworld, however, suggests that the company is not yet finished.
However, Camara told Computerworld by e-mail today, "Regrettably, Mr. Action was misquoted in an early story that seems to have been picked up elsewhere. Psystar does not intend to shut down permanently."
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The earlier report had noted the Psystar was planning to file an appeal of the judgment against it, although at the time it appeared that the company would be shutting down entirely until the appeal was heard at a minimum.
Psystar has several legal moves left to make, Camara said today. "Psystar will proceed to litigate the legality of Rebel EFI through the motion process described in Judge Alsup's order," Camara said. "Psystar will also proceed with its antitrust case in Miami."
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Psystar's web site, which was down for nearly two days, has been restored. The company's online store currently offers only its Rebel EFI and has eliminated all mention of hardware sales, although even the Rebel EFI software is currently listed as "out of stock".

Article Link: Reports of Psystar's Demise Appear Premature
 
Article Link
https://www.macrumors.com/2009/12/19/reports-of-psystars-demise-appear-premature/
M

Michael73

macrumors 65816
Feb 27, 2007
1,082
41
As a taxpayer it ticks me off that my hard earned dollars are being used by the court because Psystar keeps dragging this out.
 
jaw04005

jaw04005

macrumors 601
Aug 19, 2003
4,513
402
AR
Beric said:
Something like Rebel EFI on my gaming PC would be pretty sweet. We'll see what happens.
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Just do it yourself. Psystar has done nothing but rip off all the work done by Hackintosh community.

Rebel EFI is just a modified version of the free and currently available Chameleon boot loader with pre-selected kext files. Nothing more. You could find all the necessary instructions and files in less than an hour by searching InsanelyMac.

Michael73 said:
As a taxpayer it ticks me off that my hard earned dollars are being used by the court because Psystar keeps dragging this out.
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Well, this is a civil suit. So, the only taxpayer money being wasted is the court’s time. And there are severe punishments for that. I wouldn’t be surprised if the Florida district court goes off on Pystar once they get to their almost identical (to the California) case down there.
 
H

HBOC

macrumors 68020
Oct 14, 2008
2,497
234
SLC
they had second thoughts. They are probably going to be selling modified tablets, or waiting to see what PC manufacturer comes out with one at CES and then modify it to run OSX....
 
maclancer

maclancer

macrumors regular
Jun 13, 2008
157
49
Philadelphia, PA
I am just don't understand how a company that barely sell few computers still fighting and paying a lot of money to lawyers. How in hell do these guys have so much money with not business at all? :confused:
 
sbrhwkp3

sbrhwkp3

macrumors 6502a
Jul 17, 2005
552
74
Lake George, NY
maclancer said:
I am just don't understand how a company that barely sell few computers still fighting and paying a lot of money to lawyers. How in hell do these guys have so much money with not business at all? :confused:
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There was speculation that the folks behind Psystar were linked to much larger companies... could be the likes HP or Dell, or possibly Microsoft, in order to damage Apple's business model.

Could be true.
 
T

temtexdent

macrumors member
Nov 3, 2007
46
0
You gotta wonder who was funding Pystar.


Also, explain to me how software that you download is out of stock?
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Judge Alsup's ruling on Rebel EFI:

"Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict," Alsup said. "What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself in contempt if its new venture falls within the scope of the injunction."

The ruling:

1. Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff's copyrighted Mac OS X software without authorization from the copyright holder;

2. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff's copyrighted Mac OS X software;

3. Circumventing any technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;

4. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;

5. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.

http://www.appleinsider.com/article...junction_against_clone_mac_maker_psystar.html

Now, my question is, in light of Judge Alsup's comments re Rebel EFI, is Psystar in the clear if they simply give it away for free? Even if free, Rebel EFI seems to fall under section 4 (or 5), above. No?
 
Rot'nApple

Rot'nApple

macrumors 65816
Dec 27, 2006
1,152
1
I DID build that!
It's Alive1, It's Alive!!

Michael73 said:
As a taxpayer it ticks me off that my hard earned dollars are being used by the court because Psystar keeps dragging this out.
Click to expand...

Good Grief!

It was bad enough with Bush TARP 1, Stimulus 1 and the Republicans "Bridge to Nowhere" wasteful spending. I'm surprised you're not dead from a busted "ticked off" blood vessel with what the nitwit trio of Obama, Pelosi and Reid and the Trillions of dollars wasted by the Democrats in the name of... "stimulus package", "the uninsured", "the children", "the environment", "the American people", "the taxpayer", "the jobs bill" (didn't stimulus cover that?)...

I'd much rather pay the pocket change court cost of Psystar over what those clowns in Washington are doing! :eek: :eek: :rolleyes:

Come, leave the TEA Party in power, that's Tax Everyone Again and join the OFFICIAL TEA Party, Taxed Enough Already and have your voice heard! Well heard on Fox News and mocked on MSNBC, CNN, PBS, ABC, NBC, CBS, NewYork Times, LA Times, Washington Post... but come and make your forefathers proud and protest! ;)
 
cocky jeremy

cocky jeremy

macrumors 603
Jul 12, 2008
6,126
6,386
These morons are STILL trying? Haha. Go ahead and waste all your money from those millions.. er, hundreds of computers you've sold. :D
 
ChazUK

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
Wirelessly posted (Mozilla/5.0 (Linux; U; Android 1.5; en-us; Archos5 Build/CUPCAKE) AppleWebKit/528.5+ (KHTML, like Gecko) Version/3.1.2 Mobile Safari/525.20.1)

Who would be stupid enough to buy anything from Psystar now they've been dragged through the courts the way they have?

Doesn't rebel efi require online activation to work?

(I'd personally never spend a penny with them anyway)
 
sishaw

sishaw

macrumors 65816
Jan 12, 2005
1,147
19
Michael73 said:
As a taxpayer it ticks me off that my hard earned dollars are being used by the court because Psystar keeps dragging this out.
Click to expand...

Not sure what you mean. This is private litigation, the litigants are paying the costs. As far as salaries for judges, clerks, etc., they are FTEs and would be paid anyway.
 
cmaier

cmaier

Suspended
Jul 25, 2007
25,405
33,471
California
sbrhwkp3 said:
There was speculation that the folks behind Psystar were linked to much larger companies... could be the likes HP or Dell, or possibly Microsoft, in order to damage Apple's business model.

Could be true.
Click to expand...

No it can't. It's amazing how many times this conspiracy idea is raised. The less evidence of it, the more people insist it's true.

*LTD* said:
Now, my question is, in light of Judge Alsup's comments re Rebel EFI, is Psystar in the clear if they simply give it away for free? Even if free, Rebel EFI seems to fall under section 4 (or 5), above. No?
Click to expand...

Commercial gain is not a relevant factor with respect to the EULA, copyright law, or the judge's order. If they distribute Rebel EFI for free, and rebel EFI is found to do any of the things the judge has enjoined, they will be in contempt of court.
 
sbrhwkp3

sbrhwkp3

macrumors 6502a
Jul 17, 2005
552
74
Lake George, NY
cmaier said:
No it can't. It's amazing how many times this conspiracy idea is raised. The less evidence of it, the more people insist it's true.
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Chill out.

The only thing I was basing this on was Apple's statement from a while back that mentioned the idea that this was possible.
 
H

heisetax

macrumors 6502a
Jun 12, 2004
944
0
Omaha, NE
Rot'nApple said:
Good Grief!

It was bad enough with Bush TARP 1, Stimulus 1 and the Republicans "Bridge to Nowhere" wasteful spending. I'm surprised you're not dead from a busted "ticked off" blood vessel with what the nitwit trio of Obama, Pelosi and Reid and the Trillions of dollars wasted by the Democrats in the name of... "stimulus package", "the uninsured", "the children", "the environment", "the American people", "the taxpayer", "the jobs bill" (didn't stimulus cover that?)...

I'd much rather pay the pocket change court cost of Psystar over what those clowns in Washington are doing! :eek: :eek: :rolleyes:

Come, leave the TEA Party in power, that's Tax Everyone Again and join the OFFICIAL TEA Party, Taxed Enough Already and have your voice heard! Well heard on Fox News and mocked on MSNBC, CNN, PBS, ABC, NBC, CBS, NewYork Times, LA Times, Washington Post... but come and make your forefathers proud and protest! ;)
Click to expand...

Didn't Al Gore ask you to sell him some of your carbon credits so that he could fly his high carbon producing jet to all of these questionable meetings?

Fox news is about the only news network that attempts to give both sides of a question. The other networks seem to have only one thing to say. Watch, listen or read one day & you're like a soap opera, ready for a year or two.

Psystar could even have been done by Apple to use it as a way to try to put a slow down if not a curb to the hackintosh community, No one has thrown that possibility out. Apple does have to keep their large legal department busy.

I am a 25+ year Mac User & have never purchased a MS/DOS or Windows computer other than my 1st Gen Intel Mac Pro.
 
Y

Yamcha

macrumors 68000
Mar 6, 2008
1,825
158
I am very glad its back up, I love the Mac OS, but seriously Apple products are simply overpriced.. Even the "Mac Mini's" are expensive and under spec'd.. If Psystar is still in the game then I think in the future Apple may consider making there systems cheaper.. If not then people would still be able to buy PC's and use OSX.. win-win for anyone looking to use Mac OSX.. :p
 
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