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Psystar Halts Sales of Mac Clones, Plans Legal Appeal
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Sold to globalgamingfactory.com for 60 million Swedish Krona, how awful for them.
And all they got was a popular name. Those guys (assuming the deal goes through) aren't going to get that much. As of September, there has been no sale. Not too many people think that it will ever happen.
Even if it does go though, half of that is going to go to pay off their current legal fees to one government. PB can still be sued.
someone just destroy pystar completely...
Well when Apple gets their permanent injunction approve and the courts deny Pystar's appeals - it will pretty much be curtains for Psystar.
They ought to go down the modbook path. Offer re-packagings of Apple internal components.
1) 10" netbooks that are ready to accept the MBA's motherboard and connectors
2) 10" convertible tablet (swivel screen) (multi?)touch screen netbooks that are ready to accept the MBA's motherboard and connectors
3) 10" (multi?)touch screen tablets that are ready to accept the MBA's motherboard and connectors
4) convertible tablet (swivel screen) touch screen laptops (12"-15") that are ready to accept a Macbook motherboard.
5) maybe nettop/set-top-boxes/desktops that are ready to accept the Mac-mini's motherboard and connectors
They'd be sold sans-motherboard. You buy the appropriate Mac (MBA, MB, Mac-mini) and the above product, pull the motherboard out of the MBA/MB/Mac-mini, and put into their product. Away you go.
They could also go one step further, like Modbook, and get Apple's permission to sell the devices pre-converted (they buy the MBA/MB/Mac-mini, instead of the end-customer, and do the conversion for the customer).
The products wont be as cheap as their current strategy, but they also wont be violating the OSX license. And if they get permission, like Axiotron did, they can also do it without leaving the customer warranty-less. Hopefully it's not "too late" to get that permission.
I'd certainly be interested in #2 or #3. I've thought about trying it myself, using an existing case. But that would be rather expensive (have to find one that has the right peripheral components, buy that one as a separate product (including its motherboard), and then also buy the MBA). Psystar could basically eliminate buying that extra motherboard and ensure that you're buying something that will definitely work with the MBA/MB/Mac-mini motherboard.
1) 10" netbooks that are ready to accept the MBA's motherboard and connectors
2) 10" convertible tablet (swivel screen) (multi?)touch screen netbooks that are ready to accept the MBA's motherboard and connectors
3) 10" (multi?)touch screen tablets that are ready to accept the MBA's motherboard and connectors
4) convertible tablet (swivel screen) touch screen laptops (12"-15") that are ready to accept a Macbook motherboard.
5) maybe nettop/set-top-boxes/desktops that are ready to accept the Mac-mini's motherboard and connectors
They'd be sold sans-motherboard. You buy the appropriate Mac (MBA, MB, Mac-mini) and the above product, pull the motherboard out of the MBA/MB/Mac-mini, and put into their product. Away you go.
They could also go one step further, like Modbook, and get Apple's permission to sell the devices pre-converted (they buy the MBA/MB/Mac-mini, instead of the end-customer, and do the conversion for the customer).
The products wont be as cheap as their current strategy, but they also wont be violating the OSX license. And if they get permission, like Axiotron did, they can also do it without leaving the customer warranty-less. Hopefully it's not "too late" to get that permission.
I'd certainly be interested in #2 or #3. I've thought about trying it myself, using an existing case. But that would be rather expensive (have to find one that has the right peripheral components, buy that one as a separate product (including its motherboard), and then also buy the MBA). Psystar could basically eliminate buying that extra motherboard and ensure that you're buying something that will definitely work with the MBA/MB/Mac-mini motherboard.
I don't know if you can get away with doing parts 1-5. First I don't think that any of Apples' components would fit (although that may not be true. Second, Apple can still claim that the components are not "Apple branded". They could easily argue that the case and branding thereof is part of the licensing terms. Remember - Apple Labeled can mean whatever Apple wants it to mean. You cannot assume that it refers to just one component like the logic board. A side issue is how to market it - you cannot use Apples trademarks really effectively - I don't think Apple would allow you to legally sell it as a Mac. To whit - you cannot take Ford components, and just swap the body and still call it a Ford in your marketing.
I really think the only route is the route that Axatron uses since the only thing they change is the screen. They still use all of apple's casing and they therefore can market it as a Mac that has been physically modified.
Obviously the biggest hurdle is getting Apple's blessing. They bless the ModBook because the end user is buying Apple's hardware and keeping it. Of course the problem is that ModBooks are of course very expensive and they serve a very niche purpose. It totally defies the main reason to do hackintohing commercially - price. If price was not an issue - most people would just be getting Mac Pros instead of Hackintoshing a mid tower.
I really think the only route is the route that Axatron uses since the only thing they change is the screen. They still use all of apple's casing and they therefore can market it as a Mac that has been physically modified.
Obviously the biggest hurdle is getting Apple's blessing. They bless the ModBook because the end user is buying Apple's hardware and keeping it. Of course the problem is that ModBooks are of course very expensive and they serve a very niche purpose. It totally defies the main reason to do hackintohing commercially - price. If price was not an issue - most people would just be getting Mac Pros instead of Hackintoshing a mid tower.
I don't agree.
That's Psystar's primary hackintosh market, but I don't agree that it is the primary hackintosh market/reason. Almost everyone I know who has done the hackintosh process, has done it because Apple doesn't offer a physical product that they're after -- a netbook. And, for me, the only reason I'd go down that path, is the same (but I want a 10" mac based tablet, not a netbook).
As for "how to label it" since you can't use the Mac brand: Hackintosh.
It's a legal form of hackintosh, and everyone knows what hackintosh means (or, at least, everyone in their target market). So, leverage it. Maybe make it distinctive, for trademark purposes:
HACKintosh or HackintoshPro or HackintoshPlus or HackintoshKit
And, like the Modbook, the user is keeping the primary apple component: the motherboard. It's true that they might never get permission to do the pre-conversion for the user (for the reason you gave), but I can't see any reasonable legal block to them selling the kit version (where the end user has to do the conversion themselves). They can't do block that any more than they can block case accessory vendors from selling things that can allow you to make a pimped-out Mac Pro. And, really, it's the same thing as the case mod market, just with a different twist.
Please provide a cite that states that it is the primary component of what a Mac constitutes. Unless you work for Apple, you cannot. True the logic board is important, but the logic board differs depending on the make and model of computer. To Apple (I am willing to bet), the primary component is the whole computer. Apple's licensing says "Apple branded" for a reason. They are the owner, it's their call what constitutes "Apple Branded"
As far as I know, the Axitron keeps all Apple branded components with the exception of the screen and (I think the keyboard. Other than adding on hardware after market, the rest is all Apple. Its a partial case mod - not a re-casing.
I keep hearing this statement about MS secretly backing Psystar and have to laugh.
Why in hell would MS want OS X to be available to run on any PC?
Talk about shooting ones self in the foot.
The last thing MS needs is Apple as direct competitor in the desktop OS market.
Right now MS enjoys some security in knowing you have to buy the "whole package" from Apple if you want OS X.
And I hate to break it to you, but Bill doesn't run the company any more. He "let it go" already.
It's Ballmer's baby now.
Trademarks are specific. I'd be amazingly surprised to see any credible claim that Hackintosh is a violation of the Macintosh trademark.
Apple expressly supports these things, so they are free to make an exception to their agreement for these.
They support upgrading the hardware or adding on to it, but I am going to require some proof before I can accept that they support case switching in its entirety. Mods, sure, but case swapping sounds a bit extreme. And even then it would be a commercially limited system without a high price point.
Even if they do (which I am willing to accept), I contend that this does not constitute what we would think of as a Hacintosh. Hackintoshing/cloning doesn't use Apple parts. In Apple's mind that is a big no-no. You can't get one part and call what you have a "mac"
I would go as far as Apple not minding case mods (not as far as non OEM cases though - I would think that goes beyond) proving that each customer buy the full hardware. No buying spare logic boards only, you got to do what Axitron does and buy a full Mac or the customer buys one separately and gets the spare casing. I am guessing that sticking point (buying a mac) is a big thing with Apple. Of course these things void Apple's warranty - but that's a given
I think that's splitting hairs. I think it's one extreme within a spectrum of "Hacking something together, upon which to run Mac OS X". It's the "legal end of the spectrum".
Which is pretty much what I'm suggesting. I never said "you just buy the motherboard from Apple" nor "Psystar just buys the motherboard from Apple". I said you buy the full Apple product, and remove the motherboard. Or Psystar does it for you (still buying the full Apple product, just like Axiotron does, when they sell you the pre-converted modbook).
Here we go again. The greedy morons at Psystar appeal the ruling ... absolutely zero surprise there. Hopefully the next time they get the ruling they deserve: 2.7 quadrillion to be paid to Apple and the morons in charge of Psystar to NEVER be allowed to run any business ever again.
Hopefully the next time they get the ruling they deserve: 2.7 quadrillion to be paid to Apple and the morons in charge of Psystar to NEVER be allowed to run any business ever again.
Here we go again. The greedy morons at Psystar appeal the ruling ... absolutely zero surprise there. Hopefully the next time they get the ruling they deserve: 2.7 quadrillion to be paid to Apple and the morons in charge of Psystar to NEVER be allowed to run any business ever again.
And the horse they rode in on.
I don't consider Mods to be hackintoshes. Most google searches for "hackintosh" do not talk about doing a case mod - they are all about using non apple hardware and not buying a Mac (like OSX86) usually doing it with cheaper hardware - form factor doesn't play a factor. For the vast majority of hackitoshes, the only thing they ever get from Apple is the OS and promptly violate the license.
A case mod scenario involves buying actual Apple hardware with a Apple restore disc that is going to work with the hardware. You are not violating any license here since it's a mod. Upgrades would be fine too since you are upgrading from an OEM copy or you meet the license requirements (you have a "mac"). Obviously Apple allows you to modify certain things.
Overall I think the difference between a Mod and a Hackintosh is what you start out with. With a Mod, you start out with a genuine Mac. Most hackintoshes and clones do not start out with a genuine mac unless they use that to make a clone station and commit copyright infringement.
Sorry, I thought that was what you were arguing. I agree that if you want to modify your mac, fine - you just have to get a Mac first. Of course don't expect support.
I really think we should use distinctive terms here. We can't call all speach libel - only some speech is libel.
I think the reason the current mainstream hackintosh community only talks about the "license violating" solution is that people haven't really widely considered this approach. One person made their own Mac Tablet by doing this to a Mac-mini ... but aside from that, I haven't seen much in the way of "total case transplant" for the purpose of getting a Mac that is in a "form factor that Apple wont embrace".
The case mod community (other than Axiotron) appears to be just making artistic interpretations, or performance tweaks, of the basic cases. I haven't really seen them going after the "form factors that Apple wont embrace" type goal. So I don't really put it in the mainstream of the case mod community, either.
I agree that it is not part of the _mainstream_ hackintosh spectrum ... but, to me, it's a radical change to the hachintosh methology for accomplishing one of the two hackintosh goals (as I said before: not the "cheap mac" goal, but the "form factors that Apple wont embrace" goal).
At worst, I think it's in a transitional grey-area between "case mods" and "hackintosh". It's where those two communities come together.
I'm pretty sure that if you buy a mac and mod it into some other form factor, no one will have a beef with you. If you do this as a business model, the copyright issue would undoubtedly be moot by the first sale doctrine. The issue would only be trademark at that point. There have been trademark cases on this issue in other industries (buying used printer cartridges and refilling them, buying old cars and reselling them, etc.) Case law has mixed results depending on facts.
Not to nitpick, but the modbook uses a Macbook, not a Mini.
The big reason that is hasn't taken off is that there is a major barrier to entry - you still need to buy Mac hardware. The driving reason is irrelevant if the end result is the same. We might have to agree to disagree here.
But neither of those two goals predicate buying Apple hardware. Case mods are distinct in of themselves because you actually buy Apple hardware. I contend that 99 percent of hackinshers do not buy any Apple hardware - thy just buy another system or buy their own hardware from specs on the internet. The whole point seems to be not use Apple hardware.
I disagree. If you are starting off with an Apple computer, and you change the case and various parts of hardware, its still a mod in my book and should be kept away from the hackintoshing crowd that does not use Apple Hardware and violates licensing. There should be no gray here. If you just modify hardware from original Apple computers, you're good - but if you have to get around Apple's schemes and you are just building from off the shelf hardware, it is not a mod an you have to violate Apple's licensee intent (that you have a Mac).
Lets look at it this way. Does your computer have OEM restore discs that were legitimately obtained (from buying a Mac) and can be used? If the answer is yes, than you have a legal mac and you either decided to use the original case or had it modified some compatible way. If the answer is no, then you are probably guilty of copyright infringement and DMCA because you probably broke Apple's licensing. You did no mod here.
I propose different terms because of the legal problems of copyright infringement. Axitron for example is not guilty of that - but if you have to modify Apple's protection code or you are violating their license intent - that's bad.