Apple Sues Psystar over OpenComputer

[morespce54]

Seems like it's been a while since we heard about the A-Team™ (or AL-Team, as in Apple Legal Team)

 

[gkarris]

Apple suit: Psystar's Mac clones must be recalled

http://news.cnet.com/8301-13860_3-9991779-56.html

Apple suit: Psystar's Mac clones must be recalled

Posted by Ina Fried

Apple's list of grievances against Mac clone maker Psystar spans 16 pages, but, in the end, its argument boils down to the one expected. Psystar, Apple says, had no right to do what it did, and should be stopped and forced to pay.

(Credit: CNET News)In its lawsuit, a copy of which was seen by CNET News courtesy of our colleagues at ZDNet, Apple alleges copyright infringement, inducement of copyright infringement, trademark infringement, as well as a couple of other legal claims. It seeks any profits earned by Psystar from its Open Computer, triple damages for willful acts, a permanent injunction against the sale of the product, as well as recall of those units already sold.

"Apple licenses the use of its Macintosh operating system software for use only on Apple-labeled hardware," the Mac maker says in the suit adding that the only way to get a full version of the Mac OS is on a new machine. The boxed software product, it says, is only an upgrade version, valid only for upgrading an existing, Apple-branded Macintosh.

Apple argues that by selling the Open Computer in conjunction with a copy of the Mac OS, Psystar both infringed on Apple's copyright and induced purchasers to also violate Apple's copyright.

 

[Clive At Five]

Why must the newer group of Mac users be so narrow minded and cling to stereotypes? This is NOT about some $400 cheap Dell. A Mini with a 3.5" hard and the iMac would serve that crowd well. We are talking about people have needs above that but are not movie producers and do not need a $2500 xeon workstation. The user who kept Apple afloat before the teenager jumped on board. The ones who see Mac OS X as a useful tool and not just something to show off to your friends. The ones who for their loyalty were rewarded by being kicked to the curb.

Exactly. Couldn't have said it better myself. I, as one of the long-time-faithfuls, feel "kicked to the curb" as you say.

-Clive

 

[wildmannz]

Let's not.

Here's hoping Psystar gets a victory in this matter.

Let's hope they crash and burn. Psystar clearly suck.

 

[Hugh]

How?

How is this a unauthorized copy? You are getting a full boxed OS X as if you went into an Apple store and bought it your self. All they are doing is some how getting it installed on their computers.

Hugh

I would have thought to distribute OS X (or any other OS) the manufacturer would require a license from the OS Owner (Apple). As I doubt Psyster has this I would not be surprised if Apple could get them for copyright or some other infringement.

It is after all, an unauthorized copy of OS X. There may also me trademark infringement in the background and other things we dont know about.

--------

How is what they are doing is stealing? They are buying the OS X the comes with the computer. It's the EULA that they are breaking.

They do not represent freedom but the thugs that promote piracy and complete disrespect of other people's right to ownership.

Majorities do not justify being right.

They are stealing a proprietary technology and reselling it for their own good. I bet you that in the future if Psystar gets big (i highly doubt this) and have proprietary systems of their own then they will do the same thing.

Supporting Psystar is condoning piracy and robbery...if this is your freedom well we're all in trouble.

 

[gkarris]

Let's hope they crash and burn. Psystar clearly suck.

According to the updated news - they're going to. They have to pay Apple the profits, damage, and recall all the computers.

I don't blame Apple for not wanting users to run their software on junk PC's....

 

[gkarris]

How is this a unauthorized copy? You are getting a full boxed OS X as if you went into an Apple store and bought it your self. All they are doing is some how getting it installed on their computers.

Hugh

According to Apple, their boxed OS is an UPGRADE, as all Macs come with an OS already.


Bye, bye, Psystar...

 

[oban14]

How is this a unauthorized copy? You are getting a full boxed OS X as if you went into an Apple store and bought it your self. All they are doing is some how getting it installed on their computers.

Hugh

Very good point. I don't think this is as cut and dried as the fanbois make it out to be... I really hope Psystar wins this one!

 

[Eric S.]

These dudes are about to get their arses handed to them.

Seems like I heard lots of these predictions about three months ago. Along with assertions that Psystar was nothing but a hoax, a credit card scam, would never ship a product, their product was crap, updates would make it a brick, etc., etc.

Just because Apple has finally taken legal action doesn't mean Psystar is suddenly toast. It could mean that eventually. Or it could just mean that Apple will be awarded some amount of damages. Or it could mean that a court will find that Apple's EULA is unenforceable, which would open the market for others to jump in too.

 

[gkarris]

Seems like I heard lots of these predictions about three months ago. Along with assertions that Psystar was nothing but a hoax, a credit card scam, would never ship a product, their product was crap, updates would make it a brick, etc., etc.

Just because Apple has finally taken legal action doesn't mean Psystar is suddenly toast. It could mean that eventually. Or it could just mean that Apple will be awarded some amount of damages. Or it could mean that a court will find that Apple's EULA is unenforceable, which would open the market for others to jump in too.

EULA - END USER License Agreement.

Psystar is not an "END USER"....

 

[oban14]

Seems like I heard lots of these predictions about three months ago. Along with assertions that Psystar was nothing but a hoax, a credit card scam, would never ship a product, their product was crap, updates would make it a brick, etc., etc.

Just because Apple has finally taken legal action doesn't mean Psystar is suddenly toast. It could mean that eventually. Or it could just mean that Apple will be awarded some amount of damages. Or it could mean that a court will find that Apple's EULA is unenforceable, which would open the market for others to jump in too.

Stop, stop! You're making the fanbois cry!

 

[wildmannz]

Hang on a minute...

I see a few PRO-Psystar posts here.

I don't understand that. If you support Psystar - WHY?
If you support Psystar - have you bought something from them?

Hmmm. Though not.

If you do the figures - their cheap $554 computer isn't that cheap. (Not $400 any more)
Add things that aren't included as standard like Bluetooth and 802.11n and the price is $748.99 plus tax.

It's not about price. It's about poor little Johnny who wants to GAME on a Mac platform.
I'm quite happy if they sell hardware - but I don't respect them if they hack OSX and on-sell it.

 

[Veri]

I had no idea it was immoral to buy a second hand book that the original owner had annotated. I guess I'll do the Right Thing and burn my collection.

 

[phalewhale]

Perhaps they should just sell the clone with no operating system and leave the infringement on the consumer?

An excellent point. Who would Apple go after then?
When I get the time, I would like to investigate building a hackintosh for my own use. My very own mini tower with OS X

 

[oban14]

I see a few PRO-Psystar posts here.

I don't understand that. If you support Psystar - WHY?
If you support Psystar - have you bought something from them?

Hmmm. Though not.

If you do the figures - their cheap $554 computer isn't that cheap. (Not $400 any more)
Add things that aren't included as standard like Bluetooth and 802.11n and the price is $748.99 plus tax.

It's not about price. It's about poor little Johnny who wants to GAME on a Mac platform.
I'm quite happy if they sell hardware - but I don't respect them if they hack OSX and on-sell it.

I haven't bought anything from Psystar. I considered building a Hackintosh, weighed my options, and decided that the Mac Pro was best for me. But this isn't about what's best for me. This is about what is best for everyone.

If you compare what you can get from them for 600 bucks versus what you can get from Apple for 600 bucks (the Mac Mini) it isn't even close. Psystar is vastly superior.

No bluetooth? Guess what, I've never used it and probably never will. No wireless? Who cares? It's a desktop plugged in directly to my router.

This is about choice. They are meeting the need of a market that Apple is ignoring. If Psystar didn't sell computers Apple wouldn't be suing.

Whether Apple wins or loses this lawsuit, I hope they start offering a 1200 dollar mid range tower that can be upgraded.

 

[4God]

Interesting, don't know if anybody posted this yet or not but now Leopard preinstalled is the base configuration and they upped the price to reflect that.

 

[Plutonius]

Ditto! Apple has become too greedy, restrictive and blind to user needs. Mac users need more hardware choices, Apple's hardware market is too narrow and has stifled over the past 4 years.

This, in the end, is about our rights, it is bigger than Apple and Mac OS. We should all be on Psystar's side, they represent our freedom of choice.

and of coarse Psystar is not ripping off Apple to make some money.

What would you say if someone bought some popular cds, copied them off with a few changes, and then sold them to the public.

 

[oban14]

and of coarse Psystar is not ripping off Apple to make some money.

What would you say if someone bought some popular cds, copied them off with a few changes, and then sold them to the public.

As long as they included a brand new, legal and sealed copy of the CD with it I wouldn't have a problem with it.

 

[Sun Baked]

As long as they included a brand new, legal and sealed copy of the CD with it I wouldn't have a problem with it.

But if they still charge you $20 for the hacked/pirated version and full whack for the sealed copy ... there could still be a problem.

 

[r.j.s]

As long as they included a brand new, legal and sealed copy of the CD with it I wouldn't have a problem with it.

But then you are selling two copies, one of which is a derivative work you had no legal right to sell, or maybe even make.

 

[bikemonkey]

Why must the newer group of Mac users be so narrow minded and cling to stereotypes? This is NOT about some $400 cheap Dell. A Mini with a 3.5" hard and the iMac would serve that crowd well. We are talking about people have needs above that but are not movie producers and do not need a $2500 xeon workstation. The user who kept Apple afloat before the teenager jumped on board. The ones who see Mac OS X as a useful tool and not just something to show off to your friends. The ones who for their loyalty were rewarded by being kicked to the curb.

So what sort of work do you need doing that an iMac cannot achieve? The current ones are faster than the old PowerMac G5s, and they were used in professional recording studios running Pro Tools etc...

 

[Mal]

As long as they included a brand new, legal and sealed copy of the CD with it I wouldn't have a problem with it.

What? Just because they also sell you the original, it's then ok to rip off someone's work and sell it for a profit?

jW

 

[AlaskanGrown]

The way I see it, PsyStar is making money using Apple's name. There should be legal recourse for that seeing as how they are not authorized to resell Apple products. Piracy/Copyright/EULA/Whatever.. aside people are buying the machines because they come with Apple OSX, which PsyStar is not authorized, as a company, to sell.

 

[zacman]

According to Apple, their boxed OS is an UPGRADE, as all Macs come with an OS already.

If the these 129usd is just for the update, what's the price of the fully licensed compy then? 200, 300, 400usd?

In Europe customers must be able to buy a computer without being forced to buy an operating system.

 

[Mal]

If the these 129usd is just for the update, what's the price of the fully licensed compy then? 200, 300, 400usd?

Apple does not sell their OS separately from the computers, except in upgrade form (a licensing term only, sure, but a completely valid one).

In Europe customers must be able to buy a computer without being forced to buy an operating system.

Source please? Seeing as how Macs are available only with an operating system already installed, I doubt very much that your statement is true, and if it were, it would be an incredibly stupid law. Sure, buying a computer without an operating system installed is a good thing for those who want it, but for a government to tell a company they have to offer their product that way is absolutely outrageous. Quite frankly, I don't think even in Europe that would be the case.

jW