Psystar to Change Tactics and Sell Mac OS X-Ready Computers?

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Original poster
Apr 12, 2001
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Computerworld reports on a motion filed in federal court yesterday by unauthorized Mac clone maker Psystar noting that it has reached a partial settlement with Apple over the company's copyright infringement case filed against Psystar in 2008.
The settlement, which requires Psystar to pay Apple an as-yet-unspecified amount of damages, would not be awarded until Psystar has exhausted all appeals.

"Psystar and Apple today entered into a partial settlement that is embodied in a stipulation that will be filed with the Court tomorrow," Psystar's motion of Monday began. "Psystar has agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded. Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple's copyright claims."
Apple last week requested a permanent injunction preventing Psystar from selling non-Apple computers with Mac OS X preinstalled. In its motion filed yesterday, however, Psystar argues that its Rebel EFI software released last month that allows consumers to perform their own OS X installation on Psystar's or other certified non-Apple hardware should not be included in any injunction awarded by the court.
By excluding Rebel EFI from any injunction, Psystar seems to be conceding Apple's copyright victory, and that it can live with a ban on preinstalling Snow Leopard. If that tactic works, Psystar's plan appears to be to shift the responsibility of installing Mac OS X onto customers. Psystar would presumably sell Rebel EFI to customers without a corresponding copy of Mac OS X, require those customers to obtain a copy of the operating system elsewhere, and then use the utility to install and run the purchased copy of Snow Leopard.

Psystar spelled out its argument for letting it continue to market Rebel EFI, and presumably Snow Leopard-ready computers that, with Rebel EFI's help, could be configured to run Mac OS X.
With Apple having already won a judgment against Psystar for copyright infringement, Psystar's tactic of shifting the burden of OS X installation to the customer appears to be its new primary strategy for attempting to remain in business. More information is scheduled to be filed with the court later today.

Article Link: Psystar to Change Tactics and Sell Mac OS X-Ready Computers?
 

Consultant

macrumors G5
Jun 27, 2007
13,293
15
They still have to violate Apple's trademarks, such as Mac OS X in their advertising, if they were to do that.

Hmm...

I imagine that the cost of the lawsuit would end the business?
They hope that the lawsuit will provide free publicity to help them find an investor. It's actually their business plan.

They are just scammers looking for a quick buck.
 
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kingtj

macrumors 68030
Oct 23, 2003
2,562
699
Brunswick, MD
They should have done this from day 1 .....

Psystar could have avoided this entire legal mess and settlement awards to Apple if they did what they're trying to get the courts to allow them to do now!

There's nothing illegal about selling a computer with no OS included, if you simply include instructions on how to install OS X on it after the sale. (Even if you include software that aids in that process, there's nothing illegal about that either, unless you used someone else's code without permission.)

I tend to agree with the people of the opinion that this whole thing was more a publicity stunt than anything else. Psystar HAD to know they weren't going to win this court battle in the long run. They simply gambled that they'd make a lot of profit selling machines until the slow legal system got around to barring them from doing it, and in the meantime, they'd find a buyer for the whole business.
 
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TwoBytes

macrumors 68030
Jun 2, 2008
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Hmm...

I imagine that the cost of the lawsuit would end the business?
Wasn't there a lot of undercurrent of psystar being funded my microsoft?

I think so. How can such a small company compete with the legal costs from giants such as apple? It doesn't make sense. RE the MS links - it was a good few articles back.
 
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kernkraft

macrumors 68020
Jun 25, 2009
2,456
1
And the sticker should say...

How was that Vista sticker? - Oh, yeah:

"Ready for Mac OS X"
 
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*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Seems Apple is saying "stop selling and we won't bury you."

The Rebel EFI issue is interesting.

LOL, no one's buying their crap anyway. I almost don't care anymore. This is just sad now.
 
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Consultant

macrumors G5
Jun 27, 2007
13,293
15
if you simply include instructions on how to install OS X on it after the sale. (Even if you include software that aids in that process, there's nothing illegal about that either, unless you used someone else's code without permission.)
The software contains the decryption code to OS X. That's how these hacks work. It's still illegal.

They would still violate DMCA.
 
Comment

johng2222

macrumors newbie
Dec 15, 2005
22
0
Typical creep moves...

Typical creepy moves to misuse the legal system to attack and damage someone else... You have to wonder who's funding this attack on Apple.

And, typical of the legal system to allow it to go on and on so that the legal system can keep charging both sides for "justice."

Apple has done nothing wrong here except create something of value that someone wants to steal or destroy.

As Dino put it in the movie:

"If you ever discover that you've finally got what it takes, it won't be long before you find out someone else is trying to take what you got."
 
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fifthworld

macrumors 6502
Oct 22, 2008
268
5
I'm wondering why Apple is settling with Psystar when so close to pocket a total court victory. Any ideas?
 
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Consultant

macrumors G5
Jun 27, 2007
13,293
15
I'm wondering why Apple is settling with Psystar when so close to pocket a total court victory. Any ideas?
Court trial takes time and money. Apple probably look at the shyster finances and see that there is not much there.

Apple will only settle the case only if Apple is happy with the terms.
 
Comment

DipDog3

macrumors 65816
Sep 20, 2002
1,181
670
Apple is secretly funding Psystar. Very soon you will see what this is all really about.
Sure, why would Apple want to make trouble for itself?

I read somewhere they have sold less than 1,000 computers so I don't think they are much to worry about.
 
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bikertwin

macrumors regular
Nov 6, 2002
198
0
This Old House
I'm wondering why Apple is settling with Psystar when so close to pocket a total court victory. Any ideas?
Apple's trying to raise awareness about running OS X on PCs.

Then, next year, they'll release a PC-only version of OS X that has embedded ads (see previous patents) and will be free.

Then hackers won't need to hack it to get it free on their cheap crap PCs, and Apple rakes in millions from the ads.
 
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wkw

macrumors 6502
Mar 23, 2004
289
8
Eugene, OR
Rebel EFI barely works and when some has problems they can't get in touch with Psystar's nonexistent customer support
 
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twilson

macrumors 6502
Apr 11, 2005
360
6
There's nothing illegal about selling a computer with no OS included, if you simply include instructions on how to install OS X on it after the sale. (Even if you include software that aids in that process, there's nothing illegal about that either, unless you used someone else's code without permission.)
What planet have you been living on?

Aiding copyright infringement is also a crime, and there have been numerous cases that point to this fact.
 
Comment

dashcs

macrumors regular
Oct 2, 2009
103
0
Whats that expression,keep your friends close,keep your enemies closer.

It is kinda strange how Apple stop wanting to destroy Psystar.

The only thing I can think is this.

Apple - "Ok Psystar,we know you were at fault and legally we can destroy you right now but your seem like a nice guy,so where going to help you still afloat"

Psystar - "Thx guys,I thought I was screwed"

Apple -"Just one more thing before we help you out here,We know a 3rd party company (Dell,HP,Sony,etc) helped you financed your company.Tell us now" :D
 
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Macmel

macrumors 6502
Feb 7, 2008
311
0
Wasn't there a lot of undercurrent of psystar being funded my microsoft?

I think so. How can such a small company compete with the legal costs from giants such as apple? It doesn't make sense. RE the MS links - it was a good few articles back.
Yes because MS is very interested in expanding the number of MAC users by allowing them to put MacOS on PCs. That makes a lot of sense for a software producer which does not get a single buck if people decide to put OSX instead of Windows on PCs.
 
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dongmin

macrumors 68000
Jan 3, 2002
1,708
0
I'm wondering why Apple is settling with Psystar when so close to pocket a total court victory. Any ideas?
My theory:

Apple was never concerned about Pystar itself. They were more concerned about setting a clear legal precedent that would discourage bigger PC makers, e.g. Dell or Acer, from trying the same thing.

Given that Apple got a clear and total legal victory here that should discourage potential mac cloners for years to come, Apple can move on to fighting other legal battles.
 
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Doctor Q

Administrator
Staff member
Sep 19, 2002
37,725
3,835
Los Angeles
Psystar would presumably sell Rebel EFI to customers without a corresponding copy of Mac OS X, require those customers to obtain a copy of the operating system elsewhere, and then use the utility to install and run the purchased copy of Snow Leopard.
How might Psystar expect customers to "obtain a copy of the operating system elsewhere"? Another interesting business plan.
 
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