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Apple Sues Psystar over OpenComputer

CWallace said:
Looks like a second cloner is setting up shop: Open Tech.

Unlike Psystar, they support Windows and Linux, as well, and do not appear to offer the OS as part of the sale - you add it yourself afterwards.

Engadget doesn't think too highly of them, nor their chances of not being sued by Apple on many of the same grounds they are going after Psystar.
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Wow. Any business that sets up their website on FreeWebs is doomed to fail (or was never intended to succeed). I thought Psystar looked suspicious, but these guys probably don't even exist in actuality. Since they don't install OS X, they might be in slightly better shape against suit from Apple, but using Apple's trademarks and the Leopard logo and box on their marketing page is probably suicide.

BTW, though, Psystar does offer Windows and Linux on their boxes as well as OS X, it's just not a major selling point (since anyone can do that pretty much).

jW
 
ihabime said:
The thing to remember about section 117 is...

There's a really good treatment of the adaptation clause of 117 here...
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Thanks for the reference, it'll be a good read and I'll appreciate knowing some extra context in the matter!

Take your time, this case is gonna drag on for years :)
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I would have thought that Psystar would fold pretty quickly. Which is a pity, because I think it would make fascinating viewing. Sort of like watching a train wreck in progress, you know it's horrible, but you just can't pull yourself away.
 
I hope they don't fold to soon, I'm really interested in seeing just how much business they really did. Of all the Mac, gadget and tech forums i visit, even the OSX86 ones, I've yet to see a single post by someone that has purchased one. Even their own forums were pretty sparse.
 
Bye Bye Psystar?

I read that the warehouse that Psystar is in has been put on the market for a quick sale.
 
Looks like Psyster is fighting back...

This could get interesting...
http://www.informationweek.com/news...rticleID=209900983&cid=RSSfeed_IWK_Management

Mac Cloner Psystar Hires Apple-Busting Law Firm


Defending Psystar will be Carr & Ferrell, a law firm that specializes in tech industry issues such as copyright and intellectual property law.
By Paul McDougall
InformationWeek
July 31, 2008 11:18 AM
If Apple thought it could force tiny Mac cloner Psystar, which operates out of a warehouse in a generic, Miami industrial park, to fold its tent by hitting it with a ten-count, 30-page copyright lawsuit, it thought wrong. Court records show that Psystar has retained for its defense a high-profile, Silicon Valley law firm that has previously tangled with Apple -- and won. It's a sign that Psystar, despite its miniscule size, intends to see to its conclusion a case that could have a profound impact on the personal computer industry.
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Unless Carr & Ferrell are working pro bono or at a very reduced rate, Apple will likely be able to bleed Psystar into C7/C11 long before a jury sits to decide the case.
 
CWallace said:
Unless Carr & Ferrell are working pro bono or at a very reduced rate, Apple will likely be able to bleed Psystar into C7/C11 long before a jury sits to decide the case.
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There's something terribly wrong with the justice system when a larger company can 'bleed' another company into 'losing' a court case instead of it being decided fairly by a judge. It's just another example of how the rich lord it over the poor and twist the laws to do it as well. You don't have to be right; you just have to have more money. Look at the OJ trial to see what I mean. Look at how the rich lobby groups push for laws that favor them instead of smaller companies and the citizens of the country in general. It's a complete distortion of rule for and by the people. It's more like rule for and by the rich people. Frankly, it doesn't matter if Psystar wins or loses in that regard. They still deserve a fair trial. Everyone deserves a fair trial, not just the ultra rich.
 
Well, the citizenry have the final say via the power of voting, but since too many can't be bothered (unless it's for entertainment - i.e. "American Idol"), money is what gets legislator's attention.
 
MagnusVonMagnum said:
There's something terribly wrong with the justice system when a larger company can 'bleed' another company into 'losing' a court case instead of it being decided fairly by a judge. It's just another example of how the rich lord it over the poor and twist the laws to do it as well. You don't have to be right; you just have to have more money. Look at the OJ trial to see what I mean. Look at how the rich lobby groups push for laws that favor them instead of smaller companies and the citizens of the country in general. It's a complete distortion of rule for and by the people. It's more like rule for and by the rich people.
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Welcome to the Libertarian vision. :eek:
 
MagnusVonMagnum said:
There's something terribly wrong with the justice system when a larger company can 'bleed' another company into 'losing' a court case instead of it being decided fairly by a judge.
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There's always Rule 11 for frivolous claims; and 17 U.S.C. 505 for meritorious but unavailing litigation: "In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney’s fee to the prevailing party as part of the costs."

And there's pro bono representation.
 
tonie said:
GO PSYSTAR!!! Apple is overcharging, I hope someday (soon) I can build a mac myself instead of paying high $$ for it.
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Overcharging for what? Stability? A computer that's parts just work? I think Apple are quite moderate compared to the amount of money I spent on a PC once £3379.98 and it lasted no longer than a year and abit as a gaming PC, My MacBook still after a year going strong, Mac Mini on the other hand isn't I dropped it and it caught fire LoL.
 
MagnusVonMagnum said:
There's something terribly wrong with the justice system when a larger company can 'bleed' another company into 'losing' a court case instead of it being decided fairly by a judge. It's just another example of how the rich lord it over the poor and twist the laws to do it as well. You don't have to be right; you just have to have more money. Look at the OJ trial to see what I mean. Look at how the rich lobby groups push for laws that favor them instead of smaller companies and the citizens of the country in general. It's a complete distortion of rule for and by the people. It's more like rule for and by the rich people. Frankly, it doesn't matter if Psystar wins or loses in that regard. They still deserve a fair trial. Everyone deserves a fair trial, not just the ultra rich.
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Don't shed any tears for Psystar. They knew they were going to get sued by Apple before they opened their doors for business. They entered the ring with their eye's wide open. They got into the business to make a quick buck, before Apple could close them down. They are not in it to make people happy, so much as they are in it to take every dime they can get before they are forced to close.

OJ walked because the state botched the case from the police dept all to the DA. OJ was rich enough (because of his skills on the football field, peoples willingness to buy products he endorsed and see movies he starred in) to hire a legal team that caught the mistakes and made a convincing argument to a dim witted jury.

If you want to blame somebody for special interests running the country, blame the people that elect the candidates that make the laws and appoint the judges. The re-election of incumbents in the House of Representatives is over 90%. That is a direct result of the people keeping the status quo, not special interest groups.

By they way, do you know who owns Apple? It's not a special interest group. It's a publicly traded company. It's people like you and me who (maybe some of them vote or serve on juries) purchased shares of the company. Those that own the most shares can steer the company or at least some or all of it's board of directors. Is that fair? Should somebody that owns one share of a company have the same control over it's operations as someone that owns a million shares?

Greed is good, but it is not fair.
 
gehrbox said:
They got into the business to make a quick buck, before Apple could close them down. They are not in it to make people happy, so much as they are in it to take every dime they can get before they are forced to close.
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Yes, we all know that if you want to make a quick buck you aim directly for a huge company and hire high-profile lawyers knowing you're going to be sued to kingdom come. :rolleyes: Give me a break.
 
Tallest Skil said:
How do you overcharge when you're the only one with the legal right to sell the hardware and software? What charge is there to over?
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overcharge if you compare the specs but i guess you seem very comfortable at what apple is charging.
 
Tallest Skil said:
And so do millions of others. Apple would only drop prices after a drop in sales. That's how "selling" works. Apple doesn't care to cater to the bargain-bin computer crowd.
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i don't care about others as i'm not buying their products and you just agreed that apple is over charging.
 
tonie said:
i don't care about others as i'm not buying their products and you just agreed that apple is over charging.
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is it really over charging when that is how every other company works? by making money?

also, with the amount of happy customers apple has, can you still call it overcharging?
 
When you said
And so do millions of others.
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that implies they're overcharging. I don't see any PC companies be charging that much and if they do, there always seem to be a huge discount around the month.
 
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