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I had a box built with the Psystar boot-loader installed. I purchased a legal version of Snow Leopard MYSELF as well as retail versions of the FCP suite, so I am not doing anything wrong or breaking any laws.

All very well, but you did not abide by the EULA of your legal copy of Snow Leopard .... meaning you DID do something wrong.
 
because the EULA is unenforcable at least in Europe.
Cite please
Apples EULA is most likely invalid due to European law.
Cite please

So Apple takes a huge risk to go to court because a court decision could officially invalidate Apple's EULA and then a hundred other companies start doing the same and Apple has no legal recourse left.

I bet you can provide case law to back up the notion that software licensing is invalid since you seem so confident. I really doubt that is the case because otherwise the software industry's business models would be done for.
 
That is really great news. Hope, more and more PC companys will sell their products with MacOS X.
 
My guess is that they are trying to entice some big (deep pocketed) hardware supplier like Dell or HP to join in the fight against Apple. If they can hook someone big, then they won't have to fund the whole legal battle.

It seems to me that Apple could easily solve this by creating a licensed version of OSX that IS authorized for 3rd party hardware and then just charge $1500 per license for it. No one in their right mind would buy it... ever... but they would be able to more effectively fight the battle against these cloners. Apples model and pricing is based on the fact that they only support Apple hardware. Pystar is able to play this game because they are arguing that they are not violating anything. If there were an available license that specifically stated it was for 3rd parties, it would be a lot harder for Pystar to play the game they are playing.

1st assertion Dell or HP, I doubt it.

I believe Psystar is challenging the Apple EULA that limits OS X to Apple hardware. Their challenge is a case of copyright misuse. This is a well established principle in patent law and there is some precedent in copyright law. That is the core of the challenge. My favorite review of copyright misuse can be found here, Frischmann and Moylan.

There are experts that believe Apple will win and there are those (Psystar included) that believe Psystar will win. While I lean toward Psystar prevailing based upon my understanding of the principles, but I am not a lawyer. I also note the judge in this case had not granted Apple an injunction to bar the sale of Psystar computers, but that may be an erroneous conclusion to grant merit to the Psystar case.

Apple certainly has the right to sell it OS for any amount. I don't know how many sales they would have if they no longer sell the software separately. New OS, buy a new computer! I doubt it. They could return to giving it away to owners of Apple hardware. That would block Psystar and any cloners, but it would also cut into their profits. Currently, that is the model for the iPhone. If you want a copy of the iPhone OS, buy an iPhone.
 
Bringing a way for the masses to put an Apple OS on non-Apple hardware could potentially be a very good thing for Apple later on down the road when its time to buy a new computer.

perhaps, but doing it without permission is NOT the way to go.

and when and if Apple decides to take that route should be when they decide. not when some idiot with bigger balls than are smart shoves them into it.
 
Guess Im just a criminal then, oh well, **** happens. I'm looking around my office right now and see 3 G5 Power PC's, 2 MacPros and an old G4 running my rip. So, I don't feel too bad about treating myself to a machine built EXACTLY how I wanted it...without the Apple logo on the side. All of my software is legal and registered. Apple's made their money off of me, no guilt here. Just a happy OS X user running a nice little machine. When Apple went X86 they knew this was going to happen. They don't seem to care about running Windoze on their hardware.....kinda selfish to think it only works one way don't ya think?
 
My guess is Pystar are probably using a modified version of Boot-132 (for booting from the OSX disc) and Chameleon (as the boot loader, when turning on the computer), which are both open source.
 
Un

believable

P.S.

a) Why doesn't Psystar just come up with it's own sweet UNIX based OS?

b) I'm no OS engineer, but I thought half the thing of OSX - and especially SL - was that it used RAM and CPU more efficiently than Winbloze, so of course it'll run on a jankey dell netbook?

Anyway, I thought these guys were bankrupted from all the legal stuff.
 
Psystar: definitely a case of more balls than brains.

Did we ever find out the secret identity of the deep-pockets rumored to be funding Psystar's legal suicide run?
 
Looks like Apple is going to have to go back to what they once did; install a hardware dongle on their mother boards (Mac ROM chip) and enable hardware detection in OS X to prevent others from doing this type of thing. It used to work very well in the Mac Plus days so I am sure that it would work again.

For those that think what Paystar is doing is great, think again. If Apple was not a high margin, fully hardware/OS integrated computer system it would just be another Windows-like crappy experience to use. Apple is able to innovate and produce the types of products that it does because it tightly controls the hardware and the OS and because it is able to operate with healthy sales margins. If companies like Paystar are able to succeed and are able to attract significant numbers of users everything you like about the Mac and Apple will be in jeopardy. So, give it some more thought before you stand on the side of a company like Paystar.
 
one simple way for Apple to stop this dead in it's tracks.

STOP SELLING BOXED COPIES OF THE MACOS


We are at a point where full 8GB XBox 360 games, as well as PC games via Steam and Impulse, are downloadable. Not too long until the OS is a full download as well. The only way, at that point, to get the OS would be to have it preinstalled on the system you buy, then pay out a fee to get the bi-yearly updates.
 
Cite please

Cite please



I bet you can provide case law to back up the notion that software licensing is invalid since you seem so confident. I really doubt that is the case because otherwise the software industry's business models would be done for.

we have real law in europe, no case law.

therefore look up the BGB in germany. having the eula inside the package forces you to agree to the EULA without being able to read it. that alone invalidates it most likely.

then there is the other question if a usage restriction like in apples eula is superseeded by the BGB. a lot of lawyers seem to think it is. at least it stopped apple from going to court so there must be something to it.

however i concede that the law in europe is evolving so there may be a change.

regarding the software business model:

somebody explained it much better than I could:

You are making a common mistake, in thinking that this case is about whether EULAs are binding, and thinking that in some way if the case goes against Apple it will remove copyright restrictions on copying.

Neither is the case. First, if EULAs were to go in their entirety, copyright law would remain intact, and that is what prevents you buying one copy and installing it on 5,000 computers.

Second, EULAs in general are not at issue. The issue is the particular clause forbidding installation on non-Apple sourced computers. This clause could be held invalid, and all other EULA clauses left standing. Its a clause by clause thing.

My view is that the clause is not going to be upheld at least in the EU, because it is a post sale restraint on use, which the Commission frowns on, and because its (as presently implemented) either a contract variance without consideration, or perhaps its an attempt to enter a secondary contract without consideration, depending on how one looks at the transactions.

We must wait to see if Apple Legal moves to sue EFI-X, PearC and Freedompc. I don't think they will, and if they do they will lose. But if this happens it will still be illegal to install OSX or Windows on more than one computer.
 
We are at a point where full 8GB XBox 360 games, as well as PC games via Steam and Impulse, are downloadable. Not too long until the OS is a full download as well. The only way, at that point, to get the OS would be to have it preinstalled on the system you buy, then pay out a fee to get the bi-yearly updates.
How would you clean-install your system as a maintenance step or to recover after a hardware failure?

I hope Psystar is destroyed utterly. Isn't there a pseudo-tablet machine out there already that runs OS X but isn't made by Apple? Psystar clearly didn't seek out a similar agreement with Apple, and instead went straight to installing OS X against its EULA, they should be torn to pieces.
 
Smart move for Psystar. To be honest, I'm cheering for them.

If Psystar wins, the price of OS X upgrades will increase significantly. Apple might even turn to two tier pricing, by undbundling some features from the basic OS. On the other hand, Apple might need to lower its hardware prices, but existing Mac owners would be kind of screwed.
 
[Morgan Freeman voice]

Ohhhh Psystar.... how you walk the line so defiantly, yet so swiftly. Ohhh, you might break a rule or two, but... ohhh, that's alright.
 
It seems to me that Apple could easily solve this by creating a licensed version of OSX that IS authorized for 3rd party hardware and then just charge $1500 per license for it.

Apple doesn't want other folks to be making Mac Machines. They tried it a few years back and it was a disaster. And right now they can tie without any anti-trust issues.

As for the high license amount, they wouldn't want to risk someone being crazy enough to say yes

Psystar should produce a OS X installed Netbook. It would be the perfect product to really launch their company since it is one area where Apple doesn't even directy compete.

and they would still be in violation. that a particular model isn't available doesn't make their games okay.

Haha! That's great. Best part is, there's nothing illegal about an open-source boot loader.

If you read my post I never said I bought it from Psystar, I had a box built with the Psystar boot-loader installed.

Actually this is the question the trials are addressing. Because the DCMA says any knowledge or technology that breaks protections in place by the legal copyright holder are in fact illegal. So you both could come out very wrong, along with all the folks that built hackintoshes (most of whom will get away with it cause they have kept their mouths shut and aren't trying to sell them etc)

I just can't understand how Psystar can keep doing these kinds of things and not get drug over shards of broken glass by Apple. :confused:

did you miss that there are two lawsuits going on right now.

Apple wanted the benefits of Windows and the higher volume Windows hardware has, but doing so has consequences.

no, Apple wanted the best components at the best prices and that happened to be Intel etc.

Apple can always implement code in OSx so that it will not boot on non-Apple hardware.

Already are. Which is what this boot loader is circumventing.

That is really great news. Hope, more and more PC companys will sell their products with MacOS X.

they won't. none of the big boys are stupid enough to do anything until Psystar wins and any smaller groups will go down with Psystar if they sign up
 
Psystar should produce a OS X installed Netbook. It would be the perfect product to really launch their company since it is one area where Apple doesn't even directy compete. :cool:

Apple doesn't compete in the area where Psystar's current products are either. Since Apple is gradually obsoleting my PowerMac G4 (no objection there - it's an old system now) and simultaneously not offering a new Mac product in the same space, I'm seriously leaning toward Psystar for my next desktop system. If Apple made the same system Psystar does, I'd happily pay the "Apple tax" for it.
 
I'm guessing this has been brought up in one of the many previous Psystar threads, but can someone explain to me what's different between Psystar offering a solution to install Mac OS X on third party machines (which it otherwise can't be installed on) and Apple offering a solution to install Microsoft Windows on their hardware (which it can't otherwise be installed on)?

I am sincere about this question and not trolling.
 
Apple, to some extent, is making the market here due to their unwillingness to release a headless Mac that is more powerful than the iMac, but less then the MacPro.

I have been looking into making a hackintosh, not to screw Apple, but so that I can have a moderately powerful computer with internal hard drive expansion ability.
 
Who would enter a licensing program with a company which has no respect for others' licensing terms?

Never enter a relationship of trust with the untrustworthy.
 
Wirelessly posted (BlackBerry9530/4.7.0.109 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)

I don't understand which manufacturer would seriously consider this.
 
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