Psystar site goes down under load, Apple lawyers seen shopping for BMWs

Psystar's offer to build off-license OSx86 OpenMac clones was apparently pretty popular -- we saw a note from the company saying it was trying hard to cope with the rush of traffic, but it looks like things got overwhelming, and the site is now unavailable. People are speculating that Apple already shut things down, but that's pretty unlikely: nothing on the Psystar site infringed any of Apple's IP (as far as we can recall) and the company hadn't actually sold anything yet, which means there isn't much of anything for Apple to go to court over. On top of that, we doubt that Psystar wasn't expecting to attract Apple's attention, so we don't think a cease and desist letter would scare the company into shutting things completely down. Of course, we're still willing to bet that Apple's legal team is licking their chops in anticipation of something actionable happening, but we'd say the most interesting thing about this so far is the incredible amount of attention a low-cost expandable minitower running OS X has gotten -- maybe someone at Apple apart from the lawyers should be taking notes as well.

Update: They're back! They've changed the name to "Open Computer," which should totally throw off Apple's lawyers. Or... probably won't.

[Bufsabre @ Apr 14th 2008 2:20PM]

as long as the copy of OSX is legal they cant really complain cause anyone can do this, although i still say kick the mac crap and move on to linux

[initialxy @ Apr 14th 2008 2:39PM]

actually I think the Mac OS X terms of conditions states that it can only be installed on an Apple brand machine. am i correct?

[Juice Daddy @ Apr 14th 2008 3:04PM]

problem solved:

http://redlightrunner.stores.yahoo.net/whitapstic.html

[ethana2 @ Apr 14th 2008 3:25PM]

Absolutely!

[rcappo @ Apr 14th 2008 3:27PM]

I use linux (linux mint), but I did install MacOSX on my Gateway laptop at one point for a few days. It worked pretty good for the most part, and I could see it being fully functional. I couldn't get the external monitor to display at more than 1024x768 though, and linux can run at 1920x1080. There were a few other small issues, but I could see Apple being upset at someone trying to sell this setup for half the price.

[peter @ Apr 14th 2008 8:11PM]

actually i think it says it cant be installed on a machine that isnt apple labeled, or something like that. thats not the correct wording, but i remember reading about this sort of thing once and this issue came up. not sure tho.

[Abuzar @ Apr 14th 2008 7:22PM]

I've been doing this for sometime on my local craigslist. Building up hackintosh computer. I would personally never use OSX anymore, but hey business is business.

[tb @ Apr 14th 2008 2:21PM]

slashdotted before it appears on slashdot frontpage, pretty poor servers lol

[Danny Lewis @ Apr 14th 2008 6:43PM]

Actually, it is getting flooded by Digg, and probably other websites I'm not currently aware of.

[Joseph @ Apr 14th 2008 6:04PM]

It was on Digg.

[CUBSWILLWIN @ Apr 14th 2008 8:47PM]

it's the digg affect, the worst of internet disorders

[James Tusick @ Apr 14th 2008 2:22PM]

Bufsabre:

Agreed!

[Luigi193 @ Apr 14th 2008 2:22PM]

One of the nice things about OS X is that it runs on Apple hardware only, so there's no driver issues... as much as it would be nice to have cheaper stuff...

[Kamokazi @ Apr 14th 2008 2:43PM]

"One of the bad things about OS X is that it runs on Apple hardware only, so there's no driver issues because Apple can't handle making a real OS... as much as it would be nice to have cheaper stuff and not pay a premium for brushed aluminum..."

Fixed that for you.

(Proceed to mod me down Apple fanboys with no sense of humor, thanks.)

[Nohone @ Apr 14th 2008 3:27PM]

These "no drivers for OSX" thing is a joke that Apple and their supporters continuously perpetuate.

First, Apple does not make all the hardware, unless they started producing their own graphics chips, networking chips, CPUs, etc. There are drivers behind those chips, and who is responsible for updating those drivers, the chip manufacturer or Apple? Whomever makes the driver, it needs to be written. And what if a bug is found, if there are no drivers how do you upgrade it?

What if I do not like the Apple version of a device? What if I want to upgrade my graphics card to something better? Sure there may be no "drivers", but I am also locked into what Apple gives me.

Apple made a commercial at Vista's expense about how you want to use a new device, you need to install a driver to use it on Vista. Google for "Officejet 6110" leopard OSX driver, and you will find a driver is indeed necessary, but HP is not making a driver for full functionality. Excuses range from "HP is responsible, not Apple" to "who would want to use a 4 year old printer". For HP being responsible, yes, Apple does not write drivers for other companies just like Microsoft does not write drivers for other companies (but Microsoft is blamed). But doesn't this negate the argument of drivers not being necessary? As for 4 year old printer not being supported (actually, printing is possible but you cannot scan, but it is still a missing driver [remember, accorting to Apple, drivers are not needed]), reports were that people recently bought these new. I use my 8 year old HP 882c printer on Vista with no problems. I did not need to go elsewhere for a driver, I plugged it in and it just worked. Is this not the same functionality that Apple fans claim OSX has that PCs do not?

Can you say that every device will just work just because it is an Apple OS? Can I plug the HD DVD USB drive from my Xbox into a Mac and it will just start working without a driver? What about any future devices that may be released? Vista may not support all future devices out of the box, but neither does Mac.

I guess the argument is "When you buy a Mac, if it is in the box then you do not need drivers" - which is the same for my Dell, everything in that box did not require me to get new drivers.

[ethana2 @ Apr 14th 2008 3:26PM]

One of the nice things about linux is that it runs on... everything.
^_^
Mac is fail.

[BigD145 @ Apr 14th 2008 4:46PM]

@Nohone: One of THE most common driver failures when putting OSX on a laptop (nonApple) are the ones for common Intel wifi cards. Intel is protecting its interests in the CPU market with Apple by specifically not catering to the DIY scene. Canon, on the other hand, has OSX drivers for pretty much everything they sell. They lay themselves open to all computer users, regardless of OS's. This is not an issue of 'no drivers', but is an issue of 'only some drivers."

[Scott Miller @ Apr 14th 2008 5:30PM]

"ONE of the good things about OS X is that it runs on Apple hardware only, so there's LESS driver issues, because Apple actually tries to make a better OS, as much as it would be nice to have cheaper stuff that we would have to replace every year, we'll pay the minor premium for something we know will work and let us make money, so we can go enjoy our personal time rather than having to sit in an IRC chat all night looking for help, because it doesn't work"

Fixed that for you.

(How was that?)

[CraigJ @ Apr 14th 2008 5:51PM]

"What if I do not like the Apple version of a device? What if I want to upgrade my graphics card to something better? Sure there may be no "drivers", but I am also locked into what Apple gives me."

Uh, don't buy a Mac?

The number one cause of BSOD is bad drivers. By limiting OSX to supported hardware only Apple reduces the amount of potential instability significantly.

Closed = less flexible = more stable
Open = more flexible = less stable

Pick one.

[Scott Miller @ Apr 14th 2008 7:43PM]

"Closed = less flexible = more stable
Open = more flexible = less stable"

True, I agree. I like the way Apple operates for the most part. I don't agree with everything they do. The WHOLE problem here is that they don't cater to the hobbyist. This group of people (me included), want a low cost tower that we can make ours.

Apple caters to a lot of people, the iMac/MacBook are great consumer machines. What more does your mother or a student need than that. I don't think they care that the machine can't run doom at 200fps.

If your a pro you can use a tower and customize that as you wish. Remember, your a PROFESSIONAL, use professional tools. Not some rinky dink PC that was sitting on the clearance shelf that you "upgraded".

Apple really does need to make a low cost tower to fill this market.

[Reid @ Apr 17th 2008 12:55AM]

@ethana2,

Sure, Linux is great. I use it on my racks full of x86 servers scattered across the country. I've been using it for 13 years and getting paid to use it for 11 of those.

But OS X has made Linux look useless as a desktop for most real people in the past 5 years.

[Will Cosgrove @ Apr 14th 2008 2:25PM]

People have wanted a cheap expandable mini tower for *years* but it's not in the cards as it wouldn't have 30% margins Apple is used to. :(

[bobartig @ Apr 14th 2008 3:06PM]

I really think you should consider that more in terms of the 'iPod effect'. Consider about 5 years ago, when Apple's Gross Profits were around 25%, and Dell was around 22%. Since then, Dell's has been steadily creeping downwards to the current 18% or so, while Apple's has been climbing upwards, around 36% now. Over that same period of time, iPod sales grew to 50% or more of Apple's total sales. Now, analysts predict that the iPod has around 50% margin, and I can believe that. In fact, I'd say with shrewd negotiating, its probably even better.

When you consider that, the unavoidable conclusion is that the margins on machines between Dell and Apple is still only separated by a few percentage points.

[Jonathan-DBOSS @ Apr 14th 2008 2:25PM]

OMG! It says Apple! D=

[Tony Bowman @ Apr 14th 2008 2:27PM]

i would imagine that you would only see a C&D attempt if Psystar sells the copy of Leopard pre-installed. there really isn't much they can do to a vendor selling a sealed copy of leopard(retail version) and a box of hardware that just happens to be able to run that software, should the user "decide" to install it.

[Blaktornado @ Apr 14th 2008 3:08PM]

yes but they were offering the option of having it pre-installed according to MacRumors.

That IS a justified reason for Apple to order them to stop.

[packetsniffer @ Apr 14th 2008 3:25PM]

Except a user wouldn't be able to install it using a retail CD. They'd need a hacked version.

[ethana2 @ Apr 14th 2008 3:27PM]

Locking the OS to your hardware should be illegal. I don't care what the EULA says, more power to these folks.

[thatkidmattt @ Apr 14th 2008 7:18PM]

@ethana2

I'm sorry, but on what grounds should it be illegal?

It's not like Apple has a monopoly in the PC world (last I checked) and forces you to buy their machines. They do force you to buy their machines if you want to use their own proprietary software.

There are alternatives to OS X, and if you have to use OS X then you have to buy a Mac. There isn't anything illegal about that at all, it's called closed architecture.

[Superevil @ Apr 14th 2008 2:27PM]

They should just not waste anyone's time and throw on Ubuntu. None of that gOS crap though, REAL Ubuntu.

[ethana2 @ Apr 14th 2008 3:28PM]

Yeah, but wait a week and make it Ubuntu Hardy, I'm using it now, it rocks.

[Superevil @ Apr 14th 2008 4:21PM]

Yea I was thinking the exact same thing. I haven't tried it yet been too busy with gutsy but when it drops I'll pick it up.

[rock99rock @ Apr 14th 2008 2:29PM]

Apple taking note in something "low cost" ? Good luck

[Scott Beckstead @ Apr 14th 2008 7:29PM]

Grow up!

[rock99rock @ Apr 15th 2008 4:34PM]

Are you kidding me? Not only am i probably older than you in the literal and emotional sense, but telling someone to grow up in the comment section on a blog about gadgets is pretty juvenile in and of itself. My comment is founded on the actions provided by (your obviously favorite) Apple inc. So suck my balls beeeotch.

[retro77 @ Apr 14th 2008 2:30PM]

Engadget readers come through for another site crashing. Grats.

[Jerrett @ Apr 14th 2008 2:55PM]

It sure seems that way; sometimes engadget tends to minimize it's popularity and impact. It was "apparently pretty popular"? A link on engadget seems to have that kind of impact.

[ethana2 @ Apr 14th 2008 3:29PM]

And the humans continue to ignore the possibility of using p2p for hosting web pages.

[Mauricio @ Apr 14th 2008 3:49PM]

i think the digg effect was a tad more responsible for the site going down than the engadget effect.

[David @ Apr 14th 2008 2:30PM]

Apple is a business and wants to protect their products. People don't like it, there are alternatives.

[whatishalo? @ Apr 14th 2008 3:25PM]

Ha ha ha...Same thing Microsoft has been trying to say...but they get hit with multi-billion dollar lawsuits.

[ethana2 @ Apr 14th 2008 3:30PM]

People don't like it, they can revolt. Make your own alternative.
...Heh, linux has more games than Mac ^_^

[Raptor007 @ Apr 14th 2008 7:04PM]

@ethana2
"...Heh, linux has more dedicated game servers than Mac ^_^"
Fixed that for you.

[rock99rock @ Apr 14th 2008 2:30PM]

Haha! Hurry! sue New York! Shut it down!

[Vince @ Apr 14th 2008 2:31PM]

Yay now the poor can use Apple!

[Drew @ Apr 14th 2008 2:31PM]

Cool, this will look nice right next to my "HiPhone" 99% iPhone...
and now my fakeness is complete...sweeeet...

[Scott Beckstead @ Apr 14th 2008 7:29PM]

Welcome to the Dark Side! Heh heh heh

[BillGates @ Apr 14th 2008 2:34PM]

What's wrong with WindowsXP?

[ethana2 @ Apr 14th 2008 3:35PM]

hardy har har.

[ethana2 @ Apr 14th 2008 3:36PM]

...does anyone even say that anymore?
..speaking of Hardy, try it and your question will answer itself.