Psystar Files Appeal in Apple Lawsuit Over Unauthorized Mac Clones

[Stately]

If not for Microsoft there would be no Apple today, it was Microsoft's money that saved Apple.

If you want to run Windows you have many options, but if you want to run OSX you have only one option.

If all it took was money to run a business that would make consumers happy with a product, Microsoft wouldn't need to try to copy Mac OS, they wouldn't need to copy our store layout, our sayings, our employee style of dress along with fake happy dances to copy the joy and uniqueness in Apple employee expression when people were on line for the iphone for the first time and they were clapping and cheering, or when you go to the store, the smiles and cordiality because people are usually happy to work there.
Calling people fanboys is inaccurate. Loyalist is more like it and it's because the products work and they work well. Few companies can claim such things nowadays. Many companies are out for the buck and if you do find a truly good product, it usually costs an arm and a leg.
In reference to running windows and having many options as opposed to our one option, what option would you be referring to? A computer that works and never has any real problems for at least 3 years after purchase, can be worked on and fixed inside of a week if problems do occur, and a vast array of native software, that no other companies can even fathom, let alone touch. We have a complete nice neat solution. Thank you for stopping by, I suggest you truly try Apple out to see what it is they offer and if it could accommodate you before jumping on the haterboy bandwagon.

 

[cmaier]

If all it took was money to run a business that would make consumers happy with a product, Microsoft wouldn't need to try to copy Mac OS, they wouldn't need to copy our store layout, our sayings, our employee style of dress along with fake happy dances to copy the joy and uniqueness in Apple employee expression when people were on line for the iphone for the first time and they were clapping and cheering, or when you go to the store, the smiles and cordiality because people are usually happy to work there.
Calling people fanboys is inaccurate. Loyalist is more like it and it's because the products work and they work well. Few companies can claim such things nowadays. Many companies are out for the buck and if you do find a truly good product, it usually costs an arm and a leg.
In reference to running windows and having many options as opposed to our one option, what option would you be referring to? A computer that works and never has any real problems for at least 3 years after purchase, can be worked on and fixed inside of a week if problems do occur, and a vast array of native software, that no other companies can even fathom, let alone touch. We have a complete nice neat solution. Thank you for stopping by, I suggest you truly try Apple out to see what it is they offer and if it could accommodate you before jumping on the haterboy bandwagon.

That's the least of the problems with that logic. If Microsoft wasn't there, Apple wouldn't have to compete against its own stolen technology. If Microsoft hadn't stolen quicktime, they wouldn't have paid the money to Apple. etc.

 

[Stately]

Sony could do that if they wanted to, for sure. There are historical attempts by companies to capture such markets on both ends with their own equipment. Sony could create a new specification for carrying media that they would not license for anyone else to use and could be the only ones to make machines to watch it.

They choose not to do it, because they would be competing against others who are sharing a specification and providing choice to the consumer, which means the other side wins.

Ever heard of beta vs vhs?

Besides that, lay people to Apple somehow forget that there's a host of things that don't run on our systems either. If you have a Sony, HP, Dell etc . . you get your music for instance, somewhere online. Apple has their own store, so what? It's more about innovation, not necessarily cornering a market. People are seeing it as a cornering of a market because no one has ever stuck it to the music industry the way Apple has. It makes it more difficult for them to exercise their greedy tactics and steal money from people that buy the music and the artists that work really hard to create it.

That's the least of the problems with that logic. If Microsoft wasn't there, Apple wouldn't have to compete against its own stolen technology. If Microsoft hadn't stolen quicktime, they wouldn't have paid the money to Apple. etc.

It's pretty disgusting to say the least. Whenever a true innovator or someone with true talent comes along, so many try to take from and or jump on the bandwagon.

 

[MorphingDragon]

It's pretty disgusting to say the least. Whenever a true innovator or someone with true talent comes along, so many try to take from and or jump on the bandwagon.

Bandwagons themselves arent that bad.

 

[HyperX13]

Go psystar!!!!

 

[hachre]

Hacker/cracker is something people need to accept and move on. Erosion of privacy rights should be strongly denounced and opposed.

And why should I accept changes in language introduced through it's misuse by a majority of people who can't even speak it right? Because you say so?

 

[KnightWRX]

And why should I accept changes in language introduced through it's misuse by a majority of people who can't even speak it right? Because you say so?

Because it's like trying to hold back a tidal wave with a spoon. Languages change and evolve over time. That is a fact. Most of it is through misuse or popular culture. Again, you want to revert to Ye Olde English ?

You go on fighting it. Waste energy all you want. Me I'm just going to move on. It's just a word.

 

[hachre]

Because it's like trying to hold back a tidal wave with a spoon. Languages change and evolve over time. That is a fact. Most of it is through misuse or popular culture. Again, you want to revert to Ye Olde English ?

You go on fighting it. Waste energy all you want. Me I'm just going to move on. It's just a word.

There's a difference between making things easier and more direct and changing their meaning because the general population is uneducated.

If we follow your logic we will be at "ugga ugga" as our primary language in a few hundred years.

 

[KnightWRX]

There's a difference between making things easier and more direct and changing their meaning because the general population is uneducated.

If we follow your logic we will be at "ugga ugga" as our primary language in a few hundred years.

Except that uneducated use of certain words is how the language has evolved over hundreds of years and we aren't at "ugga ugga". Your contempt for the masses betrays a sort of elitism on your part. Not to mention that education is now widespread vs what it was for the biggest part of our history.

Again, go on fighting it if you wish. I like seeing people getting all red in the face, trying to insist it's everybody else who's wrong and only they are right. Tidal wave with a spoon.

 

[hachre]

Except that uneducated use of certain words is how the language has evolved over hundreds of years and we aren't at "ugga ugga". Your contempt for the masses betrays a sort of elitism on your part. Not to mention that education is now widespread vs what it was for the biggest part of our history.

Our evolution has been slow as a snail for the past thousands of years. Only in the last few decades the speed has gone up rapidly.

It's not up for debate whether the masses are stupid or not. More than 70% of the earths population are almost completely uneducated.

Even in modern western countries there is a percentage of around 5% of people who can't read and write. A far bigger percentage is uneducated about the past and therefore is bound to make the same mistakes again others have done in the past. I won't even start with topics like geography, politics, or anything related to stuff happening outside your own country.

Again, go on fighting it if you wish. I like seeing people getting all red in the face, trying to insist it's everybody else who's wrong and only they are right. Tidal wave with a spoon.

I'm not fighting, just stating my opinion - just like you are. None of us are going to win because we both can't see the future.

 

[*LTD*]

In any case, I still cringe when I hear "irregardless."

 

[cmaier]

I'll just write it.. ****** Aple, can't compete in business so it shut down pystar with a lawsuit.

Let's say you sold bread for a living. Someone breaks into your bakery, steals a bunch of loaves, and sells them at half what you charge. Are they "competing" with you?

Or what if you paint houses. You paint a house, and on the last day, before you can get your check, someone else shows up and collects the money. Did that guy "compete" with you?

Or what about if you ran a cable company. Someone rents a bunch of your cable boxes, sticks them in a building, and re-broadcasts all your stuff to thousands of people at a cost less than you charge. "Competing" with you?

Because that's exactly what Psystar is doing.

If Psystar wants to compete then they should go write their own g---d-mned operating system.

 

[azurehi]

Linux = Choice and Freedom

 

[twilson]

And as for EULAs, I can't remember the last time I actually read one. Most people I think are like me, you scroll to the bottom or just click through. It's because we really don't care for them and if we did actually read them and think they were enforceable, we wouldn't buy the products.

The fact that read isn't important. You scroll down, and you click "I Accept", so you have agreed to the terms of the contract. Same goes for mobile phone contracts. People hardly ever read them, they just sign them (I know I do), they are still legally binding contracts.

 

[MorphingDragon]

If we follow your logic we will be at "ugga ugga" as our primary language in a few hundred years.

Text language isn't already Ugga Ugga? Some people already use it in speech and it just pisses everybody off in the conversation.

 

[ChazUK]

Wirelessly posted (Mozilla/5.0 (Linux; U; Android 1.6; en-us; Archos5 Build/Donut) AppleWebKit/528.5+ (KHTML, like Gecko) Version/3.1.2 Mobile Safari/525.20.1)

And as for EULAs, I can't remember the last time I actually read one. Most people I think are like me, you scroll to the bottom or just click through. It's because we really don't care for them and if we did actually read them and think they were enforceable, we wouldn't buy the products.

The fact that read isn't important. You scroll down, and you click "I Accept", so you have agreed to the terms of the contract. Same goes for mobile phone contracts. People hardly ever read them, they just sign them (I know I do), they are still legally binding contracts.

I wonder if this would stand up in court: http://www.ohesso.com/essays/essay006.htm

It may be a solution.

 

[cmaier]

Wirelessly posted (Mozilla/5.0 (Linux; U; Android 1.6; en-us; Archos5 Build/Donut) AppleWebKit/528.5+ (KHTML, like Gecko) Version/3.1.2 Mobile Safari/525.20.1)



I wonder if this would stand up in court: http://www.ohesso.com/essays/essay006.htm

It may be a solution.

Not in the U.S. or U.K., it wouldn't.

 

[*LTD*]

I'll just write it.. ****** Aple, can't compete in business so it shut down pystar with a lawsuit.

Selling 768 units in nearly two years isn't competing. It's failing.

There's no market for Psystar's junk. And now it's just a sad circus act.

 

[MorphingDragon]

Selling 768 units in nearly two years isn't competing. It's failing.

There's no market for Psystar's junk. And now it's just a sad circus act.

1024x768

 

[AidenShaw]

Because it's like trying to hold back a tidal wave with a spoon. Languages change and
evolve over time. That is a fact. Most of it is through misuse or popular culture. Again, you want to revert
to Ye Olde English ?

Nowhere is this more obvious than in areas where a language has been geographically isolated from the parent
tongue. Over just a few centuries it can evolve into a unique branch (either a dialect or distinct language).

Some examples:

• Québécois - based on what we now call Old French spoken by the New World French settlers in Canada - sounds
  to modern French speakers similar to how Elizabethan English would sound to us (but spoken with an
  odd English-like accent).
• Catalan - based on Vulgar Latin and Old French, official language in Catalunya and some surrounding areas.
• Romansch - another language based on Vulgar Latin, predominate in some isolated mountain valleys in Switzerland
• English/French/German/Spanish/Italian/Swedish/Norwegian/Dutch/... - many common roots, as well as frequent cross-pollination

Consistency in language is a peculiar byproduct of modern instant global communication. Historically, languages
that immigrants (or conquerors) bring to a region evolve naturally so that a few hundred years later the language may be quite different.

Look at how the television anchors from the midwest, speaking a "neutral American English", have established the "standard
American English" accent. (The uproar over the comment that Obama normally speaks midwestern American rather than an ethnic patois a case in point.)

Having lived/traveled in France for about a decade, I experienced firsthand how limited my "Parisian French" training really was....

(click to enlarge) http://en.wikipedia.org/wiki/Languages_of_France

 

[gary taylor]

lawsuit

it's all about the money.

 

[pdjudd]

it's all about the money.

I severely doubt it - Psystar has already gone through bankruptcy once and they have huge ammounts of hedbt already - not to mention their settlement with Apple that they owe. Apple has already conceded that they are unlikely to get anything from Psystar with whom they already have a permanent restraining order on.

Who exactly is getting any money from this?

 

[charlituna]

I dont think a judge would have gone that far. They may have ruled that Psystar could install OS X and sell it, because the measures they did have were easily defeated - but not so far as to say that Apple cannot control it.

saying who can and can't install a particular software IS saying who controls it. Particularly in the case of Apple since their vote is NO to everyone.

George likes killing his own creations doesnt he?


I actually don't remember starwars that well.

best commentary i've heard in a while

"In Empire, Luke found out Vader was his father, but instead of putting away his lightsaber and talking about it, he overreacted and got his hand cut off. I mean, they worked it out eventually, but at what cost? Another Death Star was destroyed, Boba Fett got eaten by the Sarlacc, and we got the Ewoks. It all could've been avoided if they'd just, you know, communicated. And let's face it. The Ewoks sucked, dude."

Now stop and think a moment, OSX will run on any intel based system, who really is apple to say that I have to use only an Apple based system to run the OS?

Apple is. And the current laws back them up.

Apple is a true monopoly with their desktop operating system.

Not at all.

To be a monopoly one has to hold the dominant market power. The market is 'personal computing systems' NOT Macintosh computers. And Apple has only perhaps 8-10% of the market (Linux/Unix has like 5% and Windows the rest)

Also tying is NOT inherently abusive. So provided that Apple lacks market power and isn't using their power to shove unrelated products on folks (as Microsoft did), tying is copacetic. As ruled by the Judge in Psystar's first attempt. One they dropped because they knew it was pointless to continue and tried to pull off "EULAs are illegal" (ignoring that copyright was still in the mix as was the DMCA)

I severely doubt it - Psystar has already gone through bankruptcy once and they have huge ammounts of hedbt already - not to mention their settlement with Apple that they owe. Apple has already conceded that they are unlikely to get anything from Psystar with whom they already have a permanent restraining order on.

Who exactly is getting any money from this?

Psystar cancelled the bankruptcy attempt when it turned out that not all debts would be covered.

also it really is about money. if Psystar wins this appeal they could argue that Apple has to pay all legal fees from this whole issue. which covers their lawyers. also as part of the 'damages' they could be granted a free license to install Mac OS X which in their eyes would be invaluable.

 

[pdjudd]

Psystar cancelled the bankruptcy attempt when it turned out that not all debts would be covered.

They also emerged from it right after the judge ruled that the lawsuit could go on despite bankruptcy - something that would not ordinarily be the case. It was widely suspected that going into bankruptcy was a delay tactic that ultimately failed.

also it really is about money. if Psystar wins this appeal they could argue that Apple has to pay all legal fees from this whole issue. which covers their lawyers. also as part of the 'damages' they could be granted a free license to install Mac OS X which in their eyes would be invaluable.

Assuming Psystar wins the only things that can get overtuned would be the summary judgment and the injunction. That doesn't mean that Psystar is automatically ruled not guility - All that would happen would be that the settlement is nulled and Apple's suit would continue.

Psystar's suits have all been dismissed - I don't see any avenue for them to collect damages unless they refile and are successful - something that we all know won't happen. The only money that this would be about is Psystar thinking that they can gain something - the whole point of a civil suit. At this point they loose nothing.

 

[cmaier]

They also emerged from it right after the judge ruled that the lawsuit could go on despite bankruptcy - something that would not ordinarily be the case. It was widely suspected that going into bankruptcy was a delay tactic that ultimately failed.



Assuming Psystar wins the only things that can get overtuned would be the summary judgment and the injunction. That doesn't mean that Psystar is automatically ruled not guility - All that would happen would be that the settlement is nulled and Apple's suit would continue.

Psystar's suits have all been dismissed - I don't see any avenue for them to collect damages unless they refile and are successful - something that we all know won't happen. The only money that this would be about is Psystar thinking that they can gain something - the whole point of a civil suit. At this point they loose nothing.

Even if Psystar wins they don't get attorneys' fees - this isn't Britain. And they certainly don't get a free license. And they haven't even asked for damages, and they have no basis for damages, so they don't get that, either.