Source: Tom's Guide US | Keywords: Apple, Mac, Psystar, Clone, Lawsuit | Themes: Desktop Computers, Business
Mac clone maker Psystar is asking a judge to force Apple into playing nice.
Macworld reports that Psystar is currently pleading with U.S. District Court Judge William Hoeveler to rule that its business is legitimate despite what Apple claims. More specifically, the company wants the judge to say that it is legally allowed to sell machines with Apple's new Mac OS X 10.6 (Snow Leopard) pre-installed, and to force Apple from saying anything different.
The battle between Apple and Psystar has been ongoing for over a year, with the latest legal exchange taking root two months ago when Psystar sued Apple over Snow Leopard's "illegal ties" to the Mac hardware. Psystar's current plea--or rather its amended complaint--says that Apple's copyright infringement case being heard in a California court is hurting its business.
"[Apple’s] violations of the federal antitrust acts have damaged and will damage Psystar in its business and property because they deny Psystar business that otherwise would go to Psystar by creating doubt about the legality of Psystar computers running Mac OS X Snow Leopard," the company’s lawyer’s contended. "The items of damage to Psystar include damage to Psystar’s business reputation and to the reputation of its products and sales lost that could have been made absent Apple’s attempts to restrict Mac OS X Snow Leopard to Macintoshes."
Macworld also reports that Apple may be planning to block some Intel-based PCs from running Snow Leopard. One developer has even claimed that Mac OS X 10.6.2, the next scheduled update for Snow Leopard, will keep the OS from running on Intel's Atom processor.
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You bastards at Apple, when you limit use of your OS to your overpriced exactly-the-same-as-the-next hardware, nobody will use your shit.
apple are like communists. want to control everything. they do 10.6.2 update bricking intel atoms for netbooks users. iphone 3gs not allowing jailbreak? itunes update so palm-pre won't sync. psyster. jezus i know they want to sell their overpriced hardware but they would sell more OS and gain more popularity if they allowed to install osx legally on all mashines....and users choice if they want to pay $300 more for their aluminium products. PLAY NICE APPLE
If apple is worried about not selling as many macs then perhaps they should change their business model. Monkey see monkey do.. sell your os for more money, and charge less for your hardware. In that way you will profit from companies such as psystar.
Apple needs to quit these antics unless it wants to lose even more ground to pc's.
You bastards at Apple, when you limit use of your OS to your overpriced exactly-the-same-as-the-next hardware, nobody will use your shit.
There will always be people who will buy Apple shit just because it's Apple.
amabhy; Last qauter, Apple has sold over 3 million Macs. In a recession.
Psystar, the company is selling Apple's OS - without Apples permission. And making money. Psystar has no standing or any legitimate/legal grounds.
Apple does not want to sell you their OS - they make the software and sell the hardware with it. That is what they do, and sell. They don't want to sell you their OS without its hardware. Why is that so hard for people to understand?
And, Apple has every right - legally - to do what they are doing. It is their product, they have designed, created and produced it. And it is their property, not yours or Psystars. Also, when you purchase an OS "upgrade" from Apple, you are licensing that upgrade. You do not own any part of the OS, even when you purchase it - read the EULA. Read the EULA, you will notice that it states that the OS you licensed is to be used for Apple approved hardware. Psystar is breaking that EULA, and the law.
Apple created the OS to run its own hardware, and not yours. Deal with it, or don't use any Apple products.
See, my complaint about apple has never really been the operating system, it's a rather nice OS. My problem is that they want me to buy an incredibly overpriced machine that I can't upgrade in order to run it.
While I share in the frustration Apple has a very effective business model.
They have poured billions into developing software (no matter what you think of it), and because of it they are able to charge premium prices for their hardware. If companies were able to use Apple software on non-premium priced computers then Apple would have to charge just as much as Microsoft for windows does to cover its R&D. Many call it the "apple tax", but it is an effective business model--unless pystar wins.
Christ, just let people make hardware for OSX already. It was this restrictive business practice that lost Apple's war on Microsoft in the first place.
Had it not been for the iPod, Apple would still be an afterthought.
Apple can not adopt anything like the PC model. If they do, that means lower pricing. Lower pricing means more people would be interested. More people interested means more sales. More sales means a larger market share. Larger market share means more interest in those making malware. More malware and users will result in Mac unable to have the smug attitude of we are better than you. See it ruins their entire image.
I am not really a PC fanboy, I can acknowledge Macs benefits. I just can not stand how negative their ads are and how smug our Mac tech is even though we see him more often on our 1 mac in the company than we do for the 10 pcs in our company.
Who knows, I might actually use Mac OSX if I could install it on my machine. But since it requires a minimum $999 investment (or is that down to $799?), I'll stick with Windows. Heck, I pre-ordered Win 7 Pro for $100. Add that to $500 of hardware, and you're still below Apple-minimums.
Heck, look at the facts. I built my current PC in late 2005, early 2006, BEFORE Apple switched to Intel. I've upgraded the CPU, swapped out GPUs, and added more memory, and am still running basically the same computer since I never had to reinstall Windows. In that same 3-4 years, Apple swapped out processor architectures, meaning no one who bought an Apple at the same time could even be running Snow Leopard (it no longer supports PowerPC-based Macs). Even if you waited a few months and bought the first Intel-based Mac, your upgrade options are limited (considering what Apple allows, not what the more technologically inclined might be able to hack into their system).
Apple, your iPod can't support you forever. You should learn to embrace new customers rather than alienate them for "thinking different".
Shit will always be shit.
Shit=Mac=Apple.
amabhy; Last qauter, Apple has sold over 3 million Macs. In a recession.Psystar, the company is selling Apple's OS - without Apples permission. And making money. Psystar has no standing or any legitimate/legal grounds. Apple does not want to sell you their OS - they make the software and sell the hardware with it. That is what they do, and sell. They don't want to sell you their OS without its hardware. Why is that so hard for people to understand?And, Apple has every right - legally - to do what they are doing. It is their product, they have designed, created and produced it. And it is their property, not yours or Psystars. Also, when you purchase an OS "upgrade" from Apple, you are licensing that upgrade. You do not own any part of the OS, even when you purchase it - read the EULA. Read the EULA, you will notice that it states that the OS you licensed is to be used for Apple approved hardware. Psystar is breaking that EULA, and the law.Apple created the OS to run its own hardware, and not yours. Deal with it, or don't use any Apple products.
I would like to see Microsoft block the install of its OS on Apple Machines. Even better, stop selling Office for Mac, put it in the EULA that installing any Microsoft product on an Apple product is not authroized. If it is perfectly legal for Apple to do why not Microsoft? I would love to see the error message.
"Sorry. This media is not authorized for use with asshole...I mean Apple products."
As much as I hate apple product, Im with Apple on this one. They are just trying to milk-in the efforts of others. No matter how much you hate it, you dont have the right to use the work of others to benefit yourself.
hellwig; Apple sold 3 million Macs last quarter alone. They have well over 30 billion in the bank - in cash. Apple's entire line-up supports them, not just the iPod.
Learn the facts or gtfo.
It's interesting to see the comment by Zoki was marked as useless.
Jesus - are there really that many idiots here at tomsguide?
I would like to see Microsoft block the install of its OS on Apple Machines. Even better, stop selling Office for Mac, put it in the EULA that installing any Microsoft product on an Apple product is not authroized. If it is perfectly legal for Apple to do why not Microsoft? I would love to see the error message. "Sorry. This media is not authorized for use with asshole...I mean Apple products."
Microsoft just makes the software - not the hardware. So they have licensed Windows for use on Macs. Simple as that.
Apple, makes the software and hardware. The software sells their hardware at the higher price. If someone else, Psystar, starts selling that software for their OWN profit why should Apple just sit back?
Some of you really need to get your facts right and see that Microsoft and Apple have two different business models.
if microsoft did something like this, they would have already faced a multi-billion dollar lawsuit.
if Psystar can legitimately run OSX, will Xbox and PS3 clones start flooding the market?
ssddx: "Apple needs to quit these antics unless it wants to lose even more ground to pc's."
As far as I know, Apple has been gaining ground the last years? Windows % used to be 98, now it's down to 9(4?)%. Both linux and apple has grown a bit.
Also, it's apple's software. Their creation, their design, their working hours and their product.
Why on earth shouldn't they get decide what to use their products on?
It's like playing with your truck in a sandbox, then this other kid comes along and takes your truck, and starts playing with it in his playground.
Now what's the better alternative from a marketing point a view is a whole different story. I'm just saying let apple do what they want with their own product. Doesn't hurt you, does it?
If you plan to run a Hackintosh, you'd be stealing the truck anyways, so no sympathy there.
I guess Zoki beat me to it
Why only gay people buy Apple products because they knew that only Apple fits well on their desk as well on their buttholes
Apple can not adopt anything like the PC model. If they do, that means lower pricing. Lower pricing means more people would be interested. More people interested means more sales. More sales means a larger market share. Larger market share means more interest in those making malware. More malware and users will result in Mac unable to have the smug attitude of we are better than you. See it ruins their entire image. I am not really a PC fanboy, I can acknowledge Macs benefits. I just can not stand how negative their ads are and how smug our Mac tech is even though we see him more often on our 1 mac in the company than we do for the 10 pcs in our company.
This is true. Even Apple engineer admit that Snow Leopard has more security holes than a Vegas brothel.
Apple has no more right the Psystar to sell PCs with OSX.
OSX license says you cant install it on non Apple branded hardware.
Lets see whats in a Apple PC:
Foxcon motherboard, nope non apple hardware.
Intel CPU, again not made by apple.
Nvidia and ATI video cards, again, not made by apple.
ram, nope, non apple.
Dvd, nope not Apple.
A stupid logo of a apple does not qualify making all of this non apple hardware into becoming apple hardware.
I hope Psystar wins, Im using their rebel efi and it works perfect.
Get a clue Apple drop your under powered harware and turn your software loose, charge what M$ charges, I bet 90% of all PCS would go to Dual boot setups.
My thoughts: If apple is willing to sell their OS to anyone, then that person should be allowed to do what they want with it.
Also if it is not illegal to ebay your mac, why should it be illegal for Psystar to sell new macs?
If Apple spent billions of dollars on R&D to create OSX they sure need to fire their developers. Mac sells itself on it's User Interface, which is crap for working at a fast pace. They didn't even develop the entire thing, it's built on top of Open Source software.
They now even copy PC's hardware because their own sucks. People buy Apple for one thing and one thing only, because it "looks" pretty. If you need to get something done like a hyperactive cocaine induced 13 year old needs cowbell, you can use anything BUT mac.
I will never buy Apple.
very bold, but Psystar, you are my hero! keep on bringing to light apple's horrible anti competitiveness!
I wonder who is behind who is behind Psystar for all their legal fees...
Don't steal! The technology that allows apple software to know that it's installing on apple hardware is this fancy bit of code in the bios/EFI.
Psystar and the like have emulators that have this code running on them. They are redistributing and modifying, (plagiarizing if you will) Apple's proprietary code.
Selling or reselling the OS is all well and good, hell, install it on some hard drive and sell me the drive. That’s okay. But emulate, and run apple’s proprietary hardware-level code, and your fuking with the engineer’s hard work.
Psystar and the like need to be dissolved, and their profits turned over to Apple!
Microsoft just makes the software - not the hardware. So they have licensed Windows for use on Macs. Simple as that.Apple, makes the software and hardware. The software sells their hardware at the higher price. If someone else, Psystar, starts selling that software for their OWN profit why should Apple just sit back?Some of you really need to get your facts right and see that Microsoft and Apple have two different business models.
Apple makes PC hardware? Name one piece of hardware in a Mac or any variations, other than the shell, that is manufactured by Apple. By their own EULA you are illegaly installing their OS on anything other than an iPod or iPhone.
Microsoft is just as much into hardware as Apple with the selling of the 360, and ZuneHD. (ZuneHD is far more superior than the iPod touch)
I have no problem with running a OSX. I already do and have been for a while. I just refuse to pay for overpriced hardware. Hackintosh FTW! I just have problems with thier operations. Their advertising is lackluster as best. They couldn't increase their marketshare by point out thier own strengths so instead the try to harp on the history their competitions weakness. Which isn't even the case anymore. Honestly, this has been tried before for years and it still didn't help. Maybe the problem isn't the products. Maybe it is the business model of Apple. Change that and maybe then they can get more than 5.3%. Windows 7 has been on the market for two weeks and is already over 3%. What does that tell you? There was a .2% shift to Mac upon release of Windows 7. Doesn't look to hot does it.
Anyone else noticing how Microsoft is all of the sudden doing things right and Apple is starting to emerge as a corporate jackass. Trying to hide exploding products, erasing all of the users data after signing in as a guest. Never see them mention that in their Mac vs PC commercials.
Psystar and the like have emulators that have this code running on them. They are redistributing and modifying, (plagiarizing if you will) Apple's proprietary code.
By your logic, 100% of the PC market is illegal since the BIOS that sits on every motherboard was copied off IBM's. The fact that Psystar has been able to fool OSX into thinking it's running on Apple hardware is in no way illegal, as long as it's their own code and not Apple's source code as you imply.