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Adios, losers.

Further details:

http://macdailynews.com/index.php/weblog/comments/23047/


"Apple won a sweeping legal victory against Macintosh clone maker Psystar Corp. Nov. 13 when a federal judge in San Francisco ruled that Psystar had violated Apple’s copyright and the Digital Millennium Copyright Act. Judge William Alsup struck what may be a death blow for Psystar by granting Apple’s motion for summary judgment while denying Psystar’s counterclaims," Stephen Wildstrom reports for BusinessWeek.

"Judge Alsup basically ruled that the OS X End User License Agreement (EULA), which prohibits the installation of the software on non-Apple hardware, is legal and means exactly what it says. It is just the latest in a long string of ruling upholding EULAs, sometimes called shrinkwrap or click-wrap licenses," Wildstrom reports. "The judge rejected out of hand Psystar's claims that it made legal use of Apple's trademarks and that Apple has misued it copyrights."

Wildstrom reports, "A hearing on remedies is scheduled for Dec. 14. The order does not cover several other claims by Apple, including breach of contract and trademark infringement, but the ruling suggest that Apple would be heavily favored to win should the remaining case ever come to trial. There is also similar litigation pending in Florida, where Psystar is based."

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That's right, bitches, Apple's EULA is legal. It "means exactly what it says."

A win for Apple, a win for consumers, and a win for vendors who depend on the integrity of the EULA.

I can't wait until Psystar is forced to reveal their financial backers, as part of monetary relief for Apple. Should be very interesting.

And here's the part I love:

It is just the latest in a long string of rulings upholding EULAs

EULAs are there for a reason. They aren't there for fun and games. The manufacturer kinda takes them seriously, and when it comes down to legality (nothwithstanding individuals who get away with violating them) the courts do as well.
 
There's still another case in Florida that hasn't been decided yet. This is why psystar is still selling hackintoshs.

True - I wasn’t saying that they were done today - but that case in Florida is almost certainly going to summarily judged soon too - in Apple’s favor. I never said it was not over yet, it just will be soon. The case is not even done in California either, but Psystar is in real big trouble. And Apple will kill them. Psystar deserves it.
 
Agreed. Psystar definitely had my support.

How can they possibly have your support? They are nothing more than leeches trying to make a buck off the hard work of Apple.

They are also leeching off the Hackintosh community by improperly using their code.

The people running Psystar are nothing more than a bunch of shysters and anyone with a brain in their head should know better than to support them.
 
I don't agree with the judgement... Apple is all pissed because someone found a cheaper way to sell their software. I kind of wish Apple was like MS (I'm gonna get killed for this one) and would open their software up to other hardware companies and give consumers some more options.

Apple is not a software company like Microsoft, would you like Sony to put their Playstation OS available for other Game systems?
 
That's right, bitches, Apple's EULA is legal. It "means exactly what it says."
Very important to point this out. Lots of people were saying that Apple’s EULA would not hold up in court. Looks like it just did.

And here's the part I love:

It is just the latest in a long string of rulings upholding EULAs

EULAs are there for a reason. They aren't there for fun and games. The manufacturer kinda takes them seriously, and when it comes down to legality (nothwithstanding individuals who get away with violating them) the courts do as well.
Indeed. People in other threads have ignored that EULA’s have been upheld before and sure enough, it was upheld again. Sure you can find a coupe of cases where they were voided, but there are more that says that they are.

Cue the rebuttal that “Apple’s EUAL wouldn’t hold up in the EU” and “EUAL’s are invalid in Germany” in 3, 2, 1.....
 
Apple is not a software company like Microsoft, would you like Sony to put their Playstation OS available for other Game systems?

Nitpick... They are not a pure software company, Apple does indeed sell and makes software (Pro Apps, Aperture, iWork, iLife, ect)
 
Oh great, someone mad at :apple: since they don't open their software to other manufactures. Apple is not a software only company like MS, they build the hardware and bundle the software. A complete ecosystem. If you want them to be like MS, then I'm sure we all can't wait to have issues with all the crap variations of hardware out in the Windows market that MS tries to support.

MS even acknowledges that Apple doesn't sell software, they sell the whole experience. If you want them to be like MS to have an MS experience then stick with Windows. Enjoy the issues.

Also, look at the history of the Mac Clones that Apple ventured into at one point. Yea, that turned out just great.

Do you really want them to go the MS route? If you do, then we'll all have crapware installed on new machines.

I support MS crap all day long at work, when I come home I just want my machine to work. Thank you MS for your shoddy programming, it keeps me employed.

Finally someone said it. Apple's business is a little different from Microsoft people. Both companies are primarily software companies, but Microsoft basically produces software only (along with some coupled devices such as the Zune and Xbox), Apple creates the software and builds and couples hardware to go along with it. Anything that happens to an Apple product your always dealing with Apple rather than being flown all over the place with Windows machines. Apple goes by that "Who Knows This Better Than Its Creator" philosophy. If you are a casual or multimedia user, you will have FAR less problems with a Apple product then you have with a Windows machine.
 
I am really glad they are gone, even though I am a huge OSx86 fan. Pystar was not only stealing copies (instead of paying full $130 for Leopard), but they were also stealing from the OSx86 community. They pretty much copied the Chameleon Bootloader and EFI simulation software.
 
Apple greed? Come on -- it is a company! It makes money off of its products. Just because you don't like Apple's pricing or profitability doesn't mean that ripping them off is okay.

Quality is worth paying for.
 
I love Apple, and therefore Mac, because of the hardware as much as the OS.

You don't exactly get excited over a new HP machine do you?
 
I am really glad they are gone, even though I am a huge OSx86 fan. Pystar was not only stealing copies (instead of paying full $130 for Leopard), but they were also stealing from the OSx86 community. They pretty much copied the Chameleon Bootloader and EFI simulation software.

Well the next step is damages awarded to Apple, which could very well do them in, plus the inevitable injunction.
 
I am really glad they are gone, even though I am a huge OSx86 fan. Pystar was not only stealing copies (instead of paying full $130 for Leopard), but they were also stealing from the OSx86 community. They pretty much copied the Chameleon Bootloader and EFI simulation software.

Psystar is still around - after all they cannot file for chapter 11 for a long while and there are still two cases (about 6 left in the California case and one on Florida) left. They have been badly hurt, and at this point probably on life support, but they are still alive - for now at least.
 
I support the hackintosh community, but am so glad that Apple won this case. Psystar were thieves who stole their software from the OSx86 community. Building a hackintosh is fun and interesting but should not be sold by a business.
 
Glad to hear that Apple won this case. Since they invested the $$$ in developing MAC OS X, they can decide in what way they want to license it...
 
Very important to point this out. Lots of people were saying that Apple’s EULA would not hold up in court. Looks like it just did.


Indeed. People in other threads have ignored that EULA’s have been upheld before and sure enough, it was upheld again. Sure you can find a coupe of cases where they were voided, but there are more that says that they are.

Cue the rebuttal that “Apple’s EUAL wouldn’t hold up in the EU” and “EUAL’s are invalid in Germany” in 3, 2, 1.....

Exactly, Psystar seen the EULA and did what they did anyway, can't feel sorry for them, they rolled the dice and they lost, which HIGHLY is what's going to happen. Those EULAs are not a joke.
 
There really isn't much to this, what they were doing was illegal. Just like using a copyrighted song in a movie without asking for permission or paying for the rights, you can't do it. Then you can say whatever you want, that they bought the OS and that they payed for it, that still doesn't mean they payed for the copyrights. That is kind of like buying an MP3 from iTunes, then putting it in a movie that plays in cinemas, and saying you payed for it so you can do whatever you want with it. Not only does the EULA not allow you to install it on a non-Mac computer, but it also forbids modifying it (just like any non-open source software). They did both, so this isn't a surprise.

I'm just wondering, will they still be able to continue making PCs that run Windows and Linux? Or are they doomed altogether?
 
Hmm, I think Psystar will be back with OSX compatible hardware and a very easy way to let users install OSX on there. It's like having a Hackintosh but without the research.
 
I'm just wondering, will they still be able to continue making PCs that run Windows and Linux? Or are they doomed altogether?
Why would anyone buy a Windows or Linux machine from them instead of countless other companies. They'd have to charge an arm and a leg for them to make up for the legal fees and damages from these trials.

B
 
I can't wait until Psystar is forced to reveal their financial backers, as part of monetary relief for Apple. Should be very interesting.

Do we have any clue as to who they might be? My first guess would be AMD, after being soured with Apple having exclusive chipset agreements with Intel and Nvidia.
 
Hmm, I think Psystar will be back with OSX compatible hardware and a very easy way to let users install OSX on there. It's like having a Hackintosh but without the research.

What? LOL

Technically if Apple can't get an injunction against Psystar for Snow Leopard, Psystar can keep selling it. But at this point, that's unlikely.
 
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