Except for two and a half years where it wasn't Apple's business model.
Right, when it failed miserably and the company nearly went under. But that was pre-OS X anyway ...
Except for two and a half years where it wasn't Apple's business model.
Right, when it failed miserably and the company nearly went under. But that was pre-OS X anyway ...
Very well stated. And this is why after nearly 25 years as an Apple user I'm prepared to move entirely in another direction. I'm not a child. I don't want or need a corporate CEO telling me what products are best for me. I want choices so I can make the decisions that serve me best, both as a consumer and professionally. If the economy continues it's downward spiral, we'll see how well Apple weathers tough times without a change in strategy. When disposable income is gone people tend to look more dollar value than they do aesthetics.
Yes, you can. But another company cannot modify a product to make it work - then sell it for profit.
Apple has always maintained that a Macintosh is a single product, not two separate ones.
MS was ordered to provide certain APIs used by programs to competitors, so that MS didn't have an advantage in making their web browser - look up the judgment. MS was using APIs that they did not make public to give IE an advantage over Netscape. MS did not have to open all their APIs to competitors - which is why WINE is not perfect, it's reverse engineered, not based on the actual APIs.
Psystar's entire case depends on what they can get the definition of the market to mean. You keep arguing about market and market segment like they are the exact same thing - when in fact they are quite different.
Cisco software runs on Cisco hardware, Juniper software runs on Juniper hardware, etc. You never hear of anyone saying they want to run Cisco software on Juniper hardware, etc.
The thread is 4 months oldI'm really surprised its taken Apple this long to sue. I know I would never buy a third rate Mac
You are wrong. Most routers use Linux as OS and because of the GPL the source is available. German Telekom for example sells an OEM AVM dsl/vdsl router with their own software which just sucks. Therefore many people here in Germany install the original AVM firmware on that router.
Are you so sure? Can you prove they only modified the open-source portions?
Yes I can prove it using simple logic. If you READ Apple's legal complaint, Apple NEVER claims that Pystar modified Apple's code. In fact, Apple claims to have created OSX all by themselves. No mention is made of the open source components of OSX or BSD.
See pargraph 23 on page 6 of the complaint.
Apple claims that they never granted Pystar a liscense to sell OSX thus the copyright infrigment .
Read the complaint:
http://blogs.zdnet.com/BTL/images/apple.pdf
So I think it is clear that Apple KNOWS that Pystar did NOT modify Apple's OSX code that they have only modified the BSD portion so they had to ignore it in their complaint.
It all depends on their license with BSD, just because OS software is included in OS X, that doesnt make OS X OS. You can modify OS software and resell it as profit - it just depends on your license for the original OS software.
BTW, I dont think that Software Update is OS - since they DID modify that to look for their servers instead of Apple's. If you read Psystar's site, it says that you cannot install an off-the-shelf copy of Leopard, and the updates from Apple will not install. Why?
EDIT: And the reason they did not include it in the complaint is that they would then have to provide a copy of OS X code for review to compare to Psystar's.
I'm really surprised its taken Apple this long to sue. I know I would never buy a third rate Mac
Of course it failed miserably. Apple was trying to sell its the customers it wanted and would not license to any established companies. They did keep a lot of users on the platform who might have jumped ship to windows.
Depends on your view. From the clone maker's view it was a great success - they had better hardware at lower cost and Apple was loosing high-end hardware sales.
The consumer's view was it was a success. More for less.
From Apple's view it was a disaster to their hardware sales. Thus the release of OS 8.x and no more clone sales.
I don't think he was talking about home routers.
The problem here is that it has been proven that you CAN install OS X on non-Apple hardware with a minimal of effort and that it works perfectly fine and without issues.
Psystar has every right to sell the hardware they're selling. The only contention is whether Apple's Eula is actually 'legal' to tell someone they cannot install it on hardware they didn't buy from Apple.
Hardware and Software are two different markets
They are selling HARDWARE. They cannot make money on Apple's software since they are buying it at retail and selling it at cost.
OSX is based on BSD. How dare Apple modify it and use it for their own computers and make a profit on it?
In fact, if you READ the EULA, Apple says that you CAN make changes to the open source portions of OSX. This is exactly what Pystar has done.
Pystar has not violated anyone's copyrights (although Apple claims that they have).
and if you break down the cost of the hardware you can proof, beyond a doubt, that Psystar only gets $129 for the software, that there is no profit coming in. of course you can. you wouldn't say anything without proof.Remember, Apple gets their $129 for every copy of OSX that Pystar sells.
Also, when Microsoft lost their case with IE being a part of the OS, the 'market' that the court looked at was all PCs running Windows.
The argument that Apple has only 8% of the market will not fly based on past court decisions.
I could not agree more with this post, Magnus. Apple refuses to service major segments of its potential market, and this trend is only increasing with the elimination of Firewire from the MacBooks and matte screens from both the MB and the MBP. Apple insists on locking customers into its hardware, and then it continues to restrict hardware choice at the same time. Apple didn't want to take this case to court because Apple will end up looking really bad if there's a fair examination of its practices. We just have to hope that Pystar is strong enough to resist pressure to close up shop if Apple flashes enough cash its way.I'm not saying Psystar isn't guilty of modifying Apple's OS. That remains to be seen. I have noted that it is NOT in any way necessary at this stage to do so in order to install OS X. . . .
and i'm sure that you have solid proof that they didn't either first obtain permission to make the change, or use one of the free/open source variants of BSD
again, you have solid proof of this.
because you wouldn't be saying any of this without knowing it to be 100% true.
debatable. Psystar didn't get permission to distribute/redistribute the software.
and if you break down the cost of the hardware you can proof, beyond a doubt, that Psystar only gets $129 for the software, that there is no profit coming in. of course you can. you wouldn't say anything without proof.
that's because the question was whether it was illegal to tie a web browser to the operating system or not. and to prohibit those with a license to sell computers with that OS from including any other web browsers. it was deemed illegal.
that depends on the actual market.
just because something works in a technical sense has nothing to do with whether it is legal.
I CAN make hundreds of copies of a commercial DVD. I have the technical equipment and know how. but it is not legal for me to do so and sell or give them away (illegal distribution)
forget that issue. really it is moot. the not moot is that the EULA is END user only. As in the person that paid the money is the one with the right to use it for his/her needs. NOT to then turn around and resell that software. and in particular, as Psystar has admitted, to hack the software and change it, regardless of the reason for the change.
in one sense yes. but not when that sense is the operating system. hardware and the operating system need each other to be of any value so they are in fact not different products.
they are selling that hardware by trading on Apple's name and reputation.
they are selling that hardware via the inclusion of a software they agreed not to resell via the EULA. they are selling that hardware by illegally violating the
software and changing it. Also how do you know they are selling the software at cost and not adding to the price to cover the labor of the modification and pre-install.
I looked at an HP 17" laptop today that had every feature Apple's 15" MBP had PLUS HDMI out, Blu-Ray playback and came standard with 4GB of ram and a 320GB drive. It cost $1200. I got last year's MBP for $1444 and that's the biggest sale price I've EVER seen an MBP for and it's still $244 more than the HP and doesn't have blu-ray and only has a 200GB drive and 2Gb of ram and a 15" screen. Apple is supposed to be competitive now?
I have seen too many HP laptops fail early in their life. Nice to have all those features for a low cost, but for how long? Dell seems to make a better low cost laptop. My Sony has also been pretty reliable.
.....
Let me guess, if Apple is forced to allow installation of its OS X on non-Apple products then you will also expect all those products features to work under OS X as well? So what next, sue Apple because they don't support blu-ray, HP touch screen, your brand of sound card/video card or HDMI? I can't believe you are still beating this dead horse. There is a lot more to using OS X on a non-Apple machine then just making it boot successfully.
Windows and OS X *are* different markets. If they weren't, the games from one would run on the other and I wouldn't have to buy Microsoft Office all over again if I moved from one to the other,
The consumer's view was it was a success. More for less.
Apple insists on locking customers into its hardware, and then it continues to restrict hardware choice at the same time. Apple didn't want to take this case to court because Apple will end up looking really bad if there's a fair examination of its practices.
As for shrink-wrapped software, the most recent decision supports the consumer's right to sell their copies.
the most recent cases are establishing that consumers can re-sell their shrink-wrapped software
Apple is free to sue the individules who are using OSX in violation of their OSX EULA. How well would that go for them?
It makes no difference if Pystar is making $300 per copy of OSX it sells or $50 or losing $24 per copy.
Apple laptops have the same failure rate as HP, Dell, & Toshiba. They all break.
No one has said that Apple will be forced to support anything beyond their own hardware. Microsoft Windows doesn't support all the hardware out there. The provider of the hardware writes the driver. Case in point. My M-Audio Delta 1010LT audio interface isn't supported natively by Windows (or OSX either). M-Audio provides the drivers for XP.