Apple Finally Sues Psystar For Selling Mac Clones
from the bring-up-the-eula dept
Apple has finally sued clone maker Psystar. This was widely expected, so the most surprising part is that it took so long. Psystar, of course, is the company that came on the scene a few months back claiming to sell Apple's operating system on non-Apple hardware. At first, many people thought it was a hoax, but then Psystar actually started showing machines. Then the question turned to whether or not this is legal. While some say that this is almost certainly the end for Psystar, the company has insisted that what it's doing is perfectly legal. That may be quite debatable, but if this does go to court, it could put to the test the question of just how enforceable end user license agreements (EULAs) really are. Apple's EULA prevents buyers from putting its OS on a non-Apple machine -- but as we've pointed out, even Apple has been known to ignore this provision. While chances are Apple will prevail, if Psystar is willing to put up the fight, it has the potential to limit the power of click-through agreements. Update: This just gets better and better. Not only is Apple suing, but it's demanding that all Psystar machines that have already been sold need to be recalled.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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First?
Ideally, you want to be second, let the first suffer the legal blows, and then exploit the loopholes set by the legal precident.
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Re: First?
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Fuck Jobs
Apples is still profiting from the Psystar sales, because Psystar purchases legitimate Copies of the OS.
EULAs are outdated and worthless.
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Re: Fuck Jobs
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Re: Re: Fuck Jobs
It will be interesting where this goes.
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Re: Re: Re: Fuck Jobs
I don't know if this is Apple in the future but SGI was the epitome of licensing as well since the hardware was serialized so that vendors could lock you in to one machine and you could do little about it.
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Re: Re: Re: Re: Fuck Jobs
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Re: Re: Fuck Jobs
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Re: Re: Re: Fuck Jobs
Why in the world would you even concieve of that idea? You didn't do any business with Apple, why should they support you?
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Re: Re: Re: Fuck Jobs
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The likely outcome at this stage of the proceedings is not at all apparent, and it will be quite interesting to read Psystar's answer to the complaint.
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Re:
Apple's argument is that you can't have one (software) without the other (hardware.)
Apple's real point of contention is that they can jack the price of their hardware to 400% manufacturing costs, which is how they make a large portion of their money. With a competing hardware provider, their software (sold cheap) isn't going to make them the same gobs of cash.
Apple: "Our product is both hardware AND software, you can't sell one without the other."
Psystar: "F--- you, we don't have to SIGN anything to get your software, and it's perfectly legal to resell..."
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Re: Re:
JS Beckerist, I believe MLS was referring to other aspects of antitrust law that forbid certain types of bundling. It's unrelated specifically to market share.
It's a defense that Psystar is likely to make and one that might have the same impact on EULAs, effectively putting a limit on what a company can put in their EULA if it violates other laws.
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Finally I get it.
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Making Money
EULA is just that an agreement. You agree to abide by the terms by using the software. Remember the key word is License. You aren't purchasing the software only the right to use it under the terms specified.
No I don't work for Apple and I'm not a developer. I simply think that paying for good product is something we should do if we want continued quality and inovation. Apple has given us both in the past couple years, far more than their competition. Let's pay them for the effort.
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Re: Making Money
Smart marketing yes by all means, but innovative? no more than any other Corporation.
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Re: Re: Making Money
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Re: Making Money
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Lets compare apples and ornges er windows
SP1 Free
SP2 Free
SP3 Free
Total Cost $270
Apple OS X over $100
OS X.1 over $100
OS X.2 over $100
OS X.3 over $100
OS X.4 over $100
OS X.5 over $100
Total Cost Over $600
Plus you have to pay 2X as much for the box it goes on.
The value is with Windows here.
Of course if we added GNU/Linux the value would be with it.
Free!
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Re: Lets compare apples and ornges er windows
The better comparison would be XP-Vista and OS X 10.0-10.5. That's $490 vs $500 (assuming you had been a 10.0 user continuously upgrading).
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Re: Lets compare apples and ornges er windows
What Apple is offering with those OS upgrades far outstrips the comparison of Service Packs which are merely collections of patches (for dangerously buggy software I might add) bundled into a single installable binary.
The value is certainly in favor of Linux these days, which has the UI polish to compete with OSX easily (Compiz Fusion in particular, especially with KDE4). But the first comparison you make equating cost of OSX to Windows is very inappropriate and inaccurate.
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Interesting
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Who cares? Seriously, if Pystar goes out of business, it's just a basic PC box and probably any shop in your town could fix it. The same can't be said for your Apple hardware. Nothing special about their boxes except they choose the right mix of hardware that plays well with Apple's OS.
Bottom line, if you buy a Pystar, you shouldn't expect support from Apple any ways. Get over it. If you need that sort of support, their box isn't for you.
Freedom
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Not the first time
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Re: Not the first time
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I hope they win...
NeoRunner> http://www.openmoko.com
Ubuntu> http://www.ubuntu.com
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Recall
Once I buy a computer, it's mine. What's Apple gonna do? Come knock on my door and seize it?
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They might...
In Oklahoma, if you make a purchase at a pawn shop, and that item later turns out to be stolen, you would be compelled by a court of law to return the item. The pawn shop might or might not be compelled to return your money.
If a court decides that these machines are some sort of stolen goods, then they might demand a customer list and go from there.
A month ago, I would have said that they might get money from Psystar, but nothing else... But with FISA passing, a wrist-slap for ComCast, and customer lists to Viacom, I believe that anything can, and will, happen.
Fucking sad, huh?
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Re: They might...
Stolen? How the fuck could you consider a Psystar machine stolen? There is no way Apple is getting these recalled. Psystar owned and resold the copy of OSX installed on the machine.
The issue is did Psystar violate the EULA by installing it on non-apple hardware. This is the only beef apple has with them.
I hope to God that Psystar wins.
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Re: They might...
The Supreme Court ruled long ago that copyright infringement is *not* theft, therefore no court could legally find these computers to be stolen goods.
But even if they did, all you'd have to do is say, "The machine broke and I got rid of it. Gave it to Goodwill, sold it at a garage sale, threw it away, etc. I have no idea who has it now."
There are so many ways you could reasonably have disposed of it that unless they're willing to run criminal search warrants on all property associated with every single customer (and I'd love to see the probable cause affidavit on that one), there's no way they could reasonably force people who bought these computers to return them.
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Re: Re: They might...
I said they could try.
And I said that I have zero trust in what the court system will do nowadays.
Do I think it makes sense?
Hell, no! But neither does the Viacom deal or many, many other things that are passing by the wayside, Constitution and legal precedence be damned.
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Re:
Psystar legitimately purchased the OS, since Apple has made available separately. Therefore, due to the first sale doctrine, they have the right to resell it. You are mistaken if you believe something must be "used" before it can be resold. Once the first sale has occurred, the manufacturer can no longer exercise control over the sold product.
The real question is whether Apple's EULA stipulation that the OS can only be installed on Apple hardware is enforceable.
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the customer agreed to nothing
Once sold, if psystar is a licensed software dealer to buy for intent to resell, then Apple has only copyright infringment for hacking OSX.
Apple cannot get a recall unless something is considered stolen. If the copies of OSX are paid for then nothing is stolen , only infringed upon. They could ask for the OSX disks to be returned at best. Me personally, I would tell Apple to go fu%k themselves if I owned a Psystar box.
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