clones
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Kill Screen on the legality of cloning game design
With the recent spate of cloned game stories -- namely those alleged to be the work of Zynga -- Kill Screen has put together an interesting article about the legality of the practice and its effects on the industry. In short, cloning an entire game and stealing its assets is illegal. However, cloning a game's ideas is not -- see Scrabble vs. Words with Friends -- and, while it can be morally repugnant, it can also be healthy for the industry.Game designers "borrow" from one another all the time, taking mechanics from successful games and implementing them elsewhere -- think stealth, cover-based shooting, power meters, triple jumps. That said, outright cloning is still a problem, one Kill Screen asserts we can address with education and a few notes from the fashion industry. In other words, teach consumers how to tell the difference between a knock-off and the real thing.
Apple awarded key win over Psystar
It's been a long time since we've heard anything from Psystar, the company responsible for making unauthorized Mac clones in 2008. Apple sued the company into the bedrock due to it selling PC hardware with OS X pre-installed, a violation of Apple's OS X licensing agreement. Psystar has made numerous appeals against the permanent injunction slapped on them, with their latest appeal being filed over a year ago. According to CNET that appeal has been denied, and the permanent injunction against Psystar will be upheld. Judge Mary Schroeder ruled that Psystar's clones do indeed violate Apple's copyrights, and a ban on Psystar's sale of Mac clones will continue indefinitely. This is likely the last we'll hear on the matter unless Psystar decides to take the case to the Supreme Court -- a case it would almost certainly lose. In fact, given the Ninth Circuit's unequivocal ruling against Psystar, it's unlikely the Supreme Court would even deign to hear the case. In years past, a small but vocal minority of users has called for Apple to license the OS X operating system so they could install it on non-Apple hardware. Apple's vigorous, swift, and decisive battle against Psystar should put any hopes of such official licensing to rest once and for all. One need only look at Apple's financial statements to see that a company that makes the overwhelming majority of its profits on hardware sales stands to lose far more than it would gain if it licensed OS X to run on Mac "clones." If financial statements are too dry of a read, try history instead; Apple's decision to license the Mac OS to third-party manufacturers in the mid-1990s was a move that nearly drove the company into bankruptcy.
Chinese 11.6" MacBook Air clone needs to go on a diet
Mac fans in China who can't get their hands on a real MacBook Air can pick up the next best thing something that would make Steve Jobs and Jony Ive nauseous: an 11.6" MacBook Air clone. Made by China's E-Stary, the HY118 (gotta love that name) has the guts of a standard netbook, including a typical 160GB hard disk, an Intel Atom N270 CPU and 1GB of RAM. For a few bucks more, you can get the HY118 equipped with a genuine Apple logo! As you'd expect, it's not the most perfect clone. It's more like a clone with irradiated DNA. First, it runs WIndows 7 instead of Mac OS X 10.6. The specs aren't listed, but it looks like this MacBook Air has been snarfing KFC Double Downs and put on a bit of weight. It's definitely thicker and weighs in at 2.97 pounds. There's a cheesy black bezel around the display, which at 1366 x 768 pixels matches the resolution of the real 11.6" MacBook Air. The font used for the "realistic" looking model label isn't even close to Apple's standard. For about the equivalent of US$260, the HY118 also comes with built-in Wi-Fi, Ethernet, and a pair of USB 2.0 ports. If you're not too happy with the looks of this MBA clone, you can always buy a Mem-Tech "Mini MAC" clone instead. Check out a side shot of the HY118 on the next page. [via Electronista]
Hyperspace Beacon: We hope this never makes it into SWTOR, but knowing our luck, it probably will, again
Tweet var digg_url = 'http://digg.com/pc_games/Hyperspace_Beacon_We_hope_this_never_makes_it_into_SWTOR'; Like a kowakian monkey-lizard in heat, Larry Everett is back again with another edition of your guide to EA-BioWare's yet-to-be-released game Star Wars: The Old Republic. Welcome to the Hyperspace Beacon. Every once in awhile, the Star Wars universe produces the strangest plot devices or game items. Some of these concoctions should never see the light of day, but unfortunately, they do. I like to highlight these malformed ideas in a segment of the Hyperspace Beacon called "We hope this never makes it into SWTOR, but, knowing our luck, it probably will" or WHTNMIISWTORBKOLIPW, for short. This week's column revolves around the prequels. Although there are many, many, many things wrong with the prequels, I would like to take a look at some of the highlights. To help those who may not know what is being discussed, I will give you a brief explanation of what each item is, then explain what is wrong with it, and follow that with a humorous explanation of how BioWare will ruin SWTOR by implementing it in our beloved game. Let's see what creative blunders we have in store this week.
Apple and Psystar still battling in court
Like a league of zombies that just won't go away, Mac clone maker Psystar just keeps coming back for more punishment. In the most recent chapter of this ongoing courtroom drama, Psystar filed an Opening Brief with the Ninth Circuit Court of Appeals in its request for an appeal to the permanent injunction that keeps the company from making Mac clones. Contrary to its former tactic of making all court filings open, Psystar requested that the Opening Brief be sealed. Apple, on the other hand, made its Answering Brief public and the contents were interpreted for The Mac Observer by an attorney who said that Psystar's strategy seems to be focused on "getting the court to adopt a radical revision of the Copyright Misuse doctrine that would in effect destroy copyright and force all copyrighted works to be licensed." Apple's Answering Brief noted that "Because Psystar has no proof that Apple has inhibited competition or suppressed creativity, Psystar urges this Court to abandon long-standing precedent and create a new doctrine of per se copyright misuse. Under this doctrine, any license agreement - such as Apple's SLA - that restricts the use of copyrighted software to particular hardware is per se copyright misuse." Apple also stated that "Psystar's grossly overbroad per se theory of copyright misuse would eliminate fundamental rights guaranteed by the Copyright Act -- the rights to control the reproduction, modification, and distribution of copyrighted works." The court system is unlikely to completely revamp the long-established tenets of copyright law, but the way this case seems to keep coming back from the dead, anything is possible.
CCP reaching out to potential EVE players with "Get a Clone"
EVE Online creators CCP Games are taking a different approach to promoting the game with a new website. All players in EVE's setting of New Eden are "capsuleers" -- starship pilots who have attained immortality through cloning technology. CCP's "Get a Clone" site invites you to "Clone yourself. Not the way you are, but the way you want to be." The site belongs to Duvolle Laboratories, one of EVE Online's NPC corporations, and provides an in-character introduction to some of the basic career paths a pilot can explore in the game. But first, Duvolle Labs asks you five questions that pin down how morally flexible you are (as a game character). Would you rather build or tear down? Would you risk your life for money or glory? Is success is measured by profits or progress? Your responses to five questions Duvolle Laboratories asks places you in one of four broad career paths - military, exploration, business, or industry.
Psystar to pursue OEM licensing program despite legal woes
Legal issues? What legal issues? Psystar has announced that it plans to license its virtualization technology for OS X to third-party vendors despite its continuing legal issues with Apple. The Psystar OEM Licensing Program, designed to allow Intel machines to run Snow Leopard -- actually, certified machines from Psystar running the company's Darwin Universal Boot Loader -- can support up to six operating systems at a time in a single piece of hardware. "Once a product is certified, consumers can purchase it off the shelf or through standard channels and when labeled Psystar Certified would allow the installation of Snow Leopard simply by inserting the retail OS X DVD," Psystar said in a press release issued today. The cost of this licensing program is not available at this time. Apple and Psystar go to trial in January 2010. [MacDailyNews via Apple Insider]
Member of Psystar's legal team quits
Earlier this week, David Welker (co-founder of lawfirm Welker and Rosario) left Psystar's legal team. He will be succeeded by Eugene Action, who is already listed as the council of record. If you're unfamiliar with this story (and who could blame you, it's so ridiculous), here's a primer. Psystar sells Mac clones with Leopard installed. Apple played the conspiracy theory card and then declared copyright infringement and sued. Psystar responded with a counter suit, filed Chapter 11, recovered, sued over Snow Leopard ... you know what? Just check the history here. It's an epic exercise in red tape manufacturing. At this point, Psystar is like that cricket you hear but can't find. Ultimately harmless, hard to ignore and supremely annoying.
Psystar sues over Snow Leopard, abandons reality
When I was a kid my neighbor had an enormous St. Bernard dog named Caesar. It lived in a grungy dog house in their back yard. Caesar's hobbies included barking incessantly. In fact, that was all he ever did. All day and all night that furry, drooling monstrosity barked. LIke a canine jackhammer to the face. Caesar wasn't half as annoying as Psystar. To keep a ridiculous story short: Psystar sells its own computers capable of running Mac OS X. The back-and-forth battle between Psystar and Apple has done almost nothing to dissuade the clone maker, and this week it's gone to a whole new level. Psystar has moved to sue Apple over the release of Mac OS X Snow Leopard. In short, Psystar wants an injunction and damages due to Apple's "...anticompetitive attempts to tie Mac OS X Snow Leopard to its Macintosh line of computers." That's right, in some wacky attempt to turn a profit, Apple has released a proprietary OS meant to run on its proprietary hardware. They claim that their method of running Snow Leopard is different than Apple's method, and if they buy copies of the OS and install them on machines which they then re-sell, then everything should be OK. I support Psystar's right to capitalist goodness, but their stubborn adherence to a lost cause is annoying. Like Caesar.
Psystar files for bankruptcy, anonymous creditors to be outed
We have mixed feelings about the news that Psystar is going under. On the one hand, it's wonderful having somebody attempt to create powerful, expandable Macs for cheap, on the other hand the company has been generally abrasive to the grassroots hacker community its work is based on, and pretty bombastic when it comes to Apple and "the law." But hey, everybody needs to make a profit, even companies being sued into oblivion by Apple, and the news of Psystar filing for Chapter 11 bankruptcy protection has interesting legal implications. Not only does it stall Apple's case against the company -- while implying a possibly inevitable defeat -- but Apple has long posited that a mystery investor behind Psystar has nefarious aims, and the bankruptcy hearing on June 5th will name the creditors behind the company. Our fingers are crossed for a "Dan Brown"-style conspiracy, but we're prepared to be "post-2002 Tom Hanks"-style disappointed.[Via SlashGear]
Psystar releases Open(3), plays with fire
Say, just for the sake of argument, that you're Psystar. You've been served by Apple for selling (they claim) illegal clones of their machines, and selling their OS (which you claim isn't even copyrighted) on illegitimate hardware. Sure, you've won a minor victory in the battle, but generally, the opinion is that you're a dead company walking -- when a company like Apple not only has it out for you but has pretty legit claims to back themselves up, you could be said to be in trouble. And so, what do you do?Well if you are Psystar, you apparently release more computers. Determined to stick it to Apple as hard as they possibly can before they're legally wiped off the map, Psystar has announced the release of the Open(3), a desktop running OS X and packing up to a 2.53GHz Core2Quad Q8200 processor, up to 4GB of RAM and 1TB of storage, and all of the other usual options you'd want on a machine like this (6x Blu-ray burner, GeForce 9500GT). Technically, the box starts at $599, but as Engagdet notes, even if you max it out to around $2000, you're still paying less than an equivalent Mac Pro.This is pretty much the computer retail equivalent of Bugs Bunny kissing the hunter. We can imagine Apple's lawyers steaming from the ears at this point -- here's hoping Psystar gets to have their fun while they can.
Psystar continues to be stubborn
Psystar, as you may remember, is the computer company that has begun selling computers with Mac OS X Leopard pre-installed. Of course, they drew the attention of Apple legal right away, but that only caused them to further dig in their heels. Last month, they challenged Apple's claim to the copyright of Mac OS X, claiming that Apple never registered Mac OS X with the U.S. Copyright Office.Previously, Judge William Alsup had dismissed federal antitrust claims, which only prompted Psystar to amend its countersuit with all new claims. Now, they're trying yet another angle. Psystar is claiming the first sale doctrine. Similar to the right you have to buy a book and re-sell it, Psystar says that since they bought legit, retail copies of Mac OS X from Apple and installed them on their computers, they're in the clear. If they want to then sell those computers, that's fine and dandy. Unfortunately for them, they also bought shrinkwrap EULA's which impose license conditions. They don't "own" the software.Everything else aside, this seems like an awful amount of time, effort and expense just to sell computers. There are less difficult ways to sell Mac OS computers, folks. At this point, you're just being stubborn, Psystar. Let it go.Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X pre-installed. In June, they released rack-mount servers with Leopard Server pre-installed in both 1U (starting $1599) and 2U (starting $1999) configurations.Update: It seems that Psystar has included claims to the first sale doctrine, as some of our readers have pointed out, for a while now. However, we don't feel that it's a "linchpin" of the case -- first-sale hasn't been rejected by the court. More on this seemingly unending story as it develops. Thanks to Alex at World of Apple for the heads-up.
EFi-X USA among latest to sell OS X capable machines
Update: The EFi-X development team contacted Engadget to report that they have nothing to do with "EFi-X USA" and they do not approve of this effort to sell Mac OS X-compatible machines. Classy!Update #2 (6 p.m. ET): EFi-X has let Engadget know that it is shutting down EFi-X USA's plans to sell the Millennium machine, stating it refuses to support systems that would directly compete with any brand.Engadget has reported that EFi-X USA is among the latest companies to announce that they will sell OS X capable machines targeted at high-end users. EFi-X is already known for selling a dongle, shown at right, that allows certain Intel machines to run OS X.According to the Engadget post, the EFi-X Millennium 4 will contain the following: An overclocked 3.8GHz Core 2 Quad 4GB of RAM A GeForce 8800 GTS graphics card in an Antec P180 case The dongle that fools your machine into installing OS X The kit itself will cost $1,899USD while the dongle is $199USD. According to Apple Insider, the US version of the EFi-X site will publish purchase details on Monday. This announcement comes days after Argentina-based OpeniMac announced that it would begin selling Mac clones. Of course, there is still that small case with Psystar still going on. [Via Engadget]
OpeniMac is now selling Mac clones
The thing about clones is, they keep regenerating. The latest manufacturer we've noticed, Argentina-based OpeniMac, has begun selling Mac clones. As if using the word "iMac" wasn't adequate bait for Apple's lawyers, who are probably en route at this very moment, OpeniMac has begun selling two computers that run Mac OS X Leopard. The OpeniMac features a 2.53GHz Core 2 Duo processor, support for 2GB of RAM, a 320GB SATA drive, SuperDrive and an ATI Radeon HD PRO video card for $990US. The OpeniMac PRO sports a 3.0GHz Core 2 Duo processor, support for 4GB of memory, a 500GB SATAII drive, a SuperDrive, and a Nvidia GeForce GS video card for $1,710US. But wait, there's more! They both come with a built in 6-in-1 memory card reader. As for their looks ... no one said clones had to be pretty. While the Psystar case waits in legal limbo, it would seem that opportunists are jumping on the bandwagon. Begun, this clone war has. [Via Engadget]
Apple: Psystar clones part of a larger conspiracy
Earlier this year, manufacturer Psystar began selling computers capable of running Mac OS X Leopard. They've gotten the Mac community's attention, and Apple's. Of course, Psystar found themselves involved with Apple legal shortly after their announcement. That was no surprise, but this week's news kind of is.Apple is claiming that Psystar is part of a larger group of individuals or corporations. Here's a quote from the recently amended claim:"...persons other than Psystar are involved in Psystar's unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as ... the "John Doe Defendants"...Apple will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained."Yikes. What does make sense in light of this accusation, if proven to be true, is Psystar's apparent brashness. When faced with an opponent as high-profile and well-funded as Apple, they've continued to sell machines. Either they're crazy or they've got some serious backbone. We shall see.[Via World Of Apple]
Earthrise lore features clash between utopian idealism and anarchy
Earthrise is a new title that we haven't seen much of thus far beyond screenshots and concept art. Still, it's one that's holding the interest of a small but growing community, waiting to see if the game will offer an experience that's a far cry from a fantasy MMO. In making the game a departure from the fantasy genre, the Earthrise creators at Masthead Studios have been fleshing out the game's lore and relaying it to potential fans through its own newsletters and some media exclusives, at IGN's RPG Vault in particular. IGN continues its series of Earthrise previews, focusing on the lore of the post-apocalyptic setting. That is to say the old world is dead, wiped out in World War III. Those who weren't part of the Continoma-selected elite are either ash or reduced to slavering mutants prowling Enterra in search of their next meal. The previous piece titled Continoma: The Beginning focused on the corporate entity that rose to power and came to rule what was left of the earth following the near-annihilation of human society. IGN now looks at what happened after the burn in "Continoma: The Rebirth." Check out their piece for the full story on the pioneers of Earthrise who work to rebuild society to utopian standards, and the anarchists who resist the order of this new establishment.
Psystar countersues Apple
The Psystar saga continues. Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X preinstalled. In June, they released rack-mount servers with Leopard Server preinstalled in both 1U (starting $1599) and 2U (starting $1999) configurations. Last July, the inevitable happened and Apple filed a lawsuit against Psystar citing copyright infringement, and demanded that they recall all machines. Psystar responded by acquiring legal representation from Carr & Ferrell, who previously settled with Apple in another case. Still with us? Good. This week, Psystar seems to be preparing to countersue Apple, citing anticompetitive business practices. Specifically, the suit alleges that Apple's practice of restricting OS X to Apple hardware is "...an anticompetitive restraint of trade."We think that's a stretch, but this story sure is fun to follow. We'll keep you updated as soon as anything changes. If you want a claim-by-claim breakdown of Apple's suit against Psystar, check out Nilay Patel's full accounting over at Engadget.[Via Electronista]
Open Tech plans to release Mac clones
A few years ago, I was walking through downtown Boston with my Burger King bag and Coke. I ran into a friend in Kenmore Square who was on his way into a pizza joint. He asked me to join him and we both sat down.As I unwrapped my Whopper, anticipating the greasy goodness that would undoubtedly shorten my life, the owner began shouting from behind the counter."Hey!" he said with a heavy Boston accent. "You cahhn't eat that in here. Go pahhk it someplace else!" You see, I was eating the competitor's food in his shop. Or, in geeker terms, running their software on his hardware. That's a no-no in some circles.Someone tell Open Tech.Unfettered by Psystar's recent run-in with Apple Legal, Open Tech has announced their new hardware lineup, including a desktop able to run XP, Vista, OSX Leopard and Ubuntu, featuring Intel Pentium D 945 3.40GHz Dual-Core Processor 500 Gb Hard Drive 3 GB of DDR2 Ram (667 MHz PC 5400) CD burner 802.11g Wi-Fi. Pricing and availability has not been announced. The main difference between Open Tech's model and Psystar's is that Open Tech is not selling computers with Leopard pre-loaded. Instead, they provide an OS-free machine and instructions for installing the OS of your choice.Still, we are talking about Apple's Whopper in Open Tech's pizza joint.Personally, I don't see why I shouldn't be able to run whatever OS I please on my own machine. Sadly, that's not the way things are.[Via MacNN]
Apple sues Psystar for license violations, copyright infringement
Like we didn't see this one coming: Apple is suing Psystar for copyright infringement. Psystar is the interesting little startup Mac-clone maker who allowed Mac OS X to run on their systems without the consent of Apple. In its license agreement, you are not allowed to run Mac OS X on any non-Apple hardware. Apple filed the complaint in a federal district court in California saying that Psystar violated its shrink-wrap license and trademarks. Apple is also alleging copyright infringement. In recent months, Psystar had begun cloning Mac OS X servers, which definitely made us feel a little uneasy about this small company.[via Engadget]
Apple files suit against Psystar for copyright infringement, mellow-harshing
C'mon now -- you saw this one coming down the road, didn't you? Apple has officially taken legal action against Mac clone-maker Psystar, according to court documents. On July 3rd, the Cupertino giant filed suit in the federal district court of northern California alleging violations against its shrink wrap license, trademarks, and copyright infringement. Clearly this doesn't look real promising for the Florida-based cloner, but we're confident they'll handle this situation with the tact and aplomb we've come to expect from them. Which is none.Read - Confirmed: Apple files suit against PsystarRead - Apple goes after clone maker Psystar[Thanks, ginger.al]
