We knew the loophole in German contract law that would-be Mac cloners HyperMegaNet claimed exempted them from the OS X EULA was too good to be true, and it sounds like they do too: in an interview with the New York Times, owner Dirk Bloessl says that although he doesn't "fear Apple," all Cupertino needs to do to shut his PearC machines down is label the Leopard retail box "to be installed only on a Mac" or even just point out that the license is available on the Apple website. Until that happens, Dirk says he'll be selling his hackintoshes to anyone who wants "a fast machine, but does not need a good looking computer," even though he knows "the product does not have a long life time." That's certainly more reasonable than the increasingly wild-eyed defenses mounted by Psystar, but we've got a feeling Apple's German legal team is going to crack down just as hard.

We're never going to get tired of the insane legal theories would-be Mac clone companies trot out to try and circumvent incredibly basic copyright and contract law concepts -- like Psystar claiming Apple has a monopoly on its own products -- and today we've got German cloners HyperMeganet, who'll sell you a 3.2GHz Core i7 Blu-ray-equipped PearC tower with Mac OS X preinstalled for €2,408 ($3,111). According to the wonderfully-named Hypermeganet, German law requires EULAs to be available for review before purchase, so Apple can't enforce its license restrictions since the Mac OS X EULA isn't printed on the outside of the box. Leaving aside the fact that the OS X installer displays the EULA on-screen and that you have to click "Agree" before installing, we'd just like to point out that all of Apple's license agreements are available for your leisurely perusal before purchase right here -- including the German OS X license, which we're damn sure Apple's foreign counsel has made sure is valid and applicable in that country. Oops. We'll see how long Hypermeganet can keep itself out of trouble -- seriously, when will these companies learn that all they're doing is hurting the homebrew OS X hacking scene by tempting Apple into locking down their systems even harder?

[Via TUAW]

Read - Spiegel Online article about PearC
Read - PearC website

Apple's been pretty resistant to putting out an OS X netbook, and we might have an inkling why -- according to benchmarks run on a hackintosh'd MSI Wind variant, Apple's OS runs just about as well on your average 1.6GHz Atom / 1GB RAM machine as it does on a four-year-old iBook G4. Sure, the Atom boots a bit faster and outperforms the G4 on simple tasks, but it slows way down when the going gets tough. Of course, the iBook was a much larger machine than most netbooks out there, but with numbers like this we'd say those of you searching for an OS X netbook can skip the EULA violations and just hunt down an old 12-inch PowerBook G4. Check out all the stats at the read link.

[Thanks, Penny]

It's official -- Psystar's "hotshot law firm" of Carr and Ferrell is desperate. Their latest brief on behalf of the wannabe Mac clonemaker says that Apple's copyright infringement and DMCA claims against Psystar are invalid because Steve and Co. improperly registered the copyright to OS X. Yes, that's right: Psystar's arguing that the most protective and litigious computer maker on the planet didn't take the time to properly register the copyright to its flagship product. If that sounds insane, it's because it is: we found registrations for every major version of OS X, dating from 2001, in about five seconds of searching. Seriously, if an argument this simple was a winner you'd think we'd have heard about it from the get-go, instead of Psystar's dubious, immediately-dismissed antitrust claims. We have no idea who's approving or paying for these flailing tactics, but firms like Carr and Ferrell don't risk their reputations on ridiculous arguments like this for free -- maybe there's something to that crazy "secret backer" conspiracy theory after all.

[Via AppleInsider]

Read - Psystar claims Apple didn't register the copyright in OS X
Read - Apple's OS X 10.5 copyright registration
Read - Apple's original OS X copyright registration

Although not officially posted on its website (yet), Realtek has reportedly been sending out an OS X driver for its RTL8187SE wireless card found in MSI's U100 Wind. Various posters at the MSI Wind forums say they were sent the driver from Realtek employees after contacting the company, which invariably led to the drivers being uploaded to RapidShare for everyone to grab. Apparently the card isn't recognized as an Airport device, and forum users are suggesting to instead get the Real WLAN Client Utility. Supposedly, Realtek employees stated (via email) that the driver would be released before December 15, though according to some posters, the company has already missed a November date -- so if you want the driver now, your best bet is to start scavenging the forums.

[Via GottaBeMobile]

The Mac cloning soap opera just keeps taking crazy twists and turns -- Art Studios Entertainment, makers of the EFi-X dongle, have shut down EFi-X USA's plans to sell "Millennium" machines capable of running OS X just hours after they were announced. ASE CEO Davide Rutigliano sent us a statement saying that EFi-X USA was misinterpreting ASE's EFi-X certification program, that ASE will "NEVER sell machines or condone the sale of machines that compete with any brand," and that he personally ordered the project abandoned. Indeed, a visit to EFi-X USA's page confirms that the machines have been killed, although we're unsure what the terse statement "EFi-X USA LLC fights the clones and the clonemakers" is supposed to mean. All part of another strange chapter in the Hackintosh saga, we suppose. Check ASE's full statement after the break.

[Via Tom's Hardware]

Well, we can't say we didn't see this coming -- Judge William Alsup in the federal Northern District of California today dismissed Psystar's antitrust counterclaims in Apple's copyright infringement lawsuit against the wannabe Mac cloner. According to the judge, Psystar's hotshot legal team failed to provide facts "plausibly supporting the counterintuitive claim that Apple's operating system is so unique that it suffers no actual or potential competitors." Not only that, but the judge also found that Psystar actually contradicted itself in pointing out that Apple has to advertise heavily to promote OS X against competing operating systems that perform the same tasks, and that Apple is "certainly entitled" to ask its customers to only use OS X on Apple machines. Yeah, that's a smackdown. Psystar has until December 18th to amend its complaint and try these arguments again, but we can't say we think it's got a shot in hell here -- and something tells us that that court-mandated alternative dispute resolution process isn't going to get very far in Psystar's favor either.

Disclaimer: Nilay's a lawyer and sells bootleg OSx86 machines out the back of his van, but he's not your lawyer and this isn't legal advice.

[Via Macrumors]

We're assuming Apple will eventually give up and release a netbook of its own, but until then Steve had better get used to seeing OS X hacked to run on all manner of tiny laptops -- the latest to make the switch is Dell's Inspiron Mini 9. Nothing too complicated about this hack, since most of the work was already done for the internally-similar MSI Wind, but you'll have to dig up some extra Broadcom drivers to get WiFi and sound working. Seems like a fun little project for the weekend -- anyone going to take the plunge?

After a few false starts, the OS X-installing EFi-X dongle is finally shipping to consumers. Currently, two versions are up for grabs: the USB V1 for the average joe / jane and the USB V2 Developers Unit for, well, developers. In short, plugging this gem into your PC will enable select systems to install OS X, but we'd take a hard look at the fine print (and certified systems) before blindly plunking down $155 and hoping for the best.

[Via MacRumors, thanks Joseph]

Wannabe Mac cloners Psystar hired itself some hotshot lawyers to defend against Apple's lawsuit, and they're not wasting any time earning their fees -- as Psystar's hinted in the past, it's going to countersue Apple for antitrust violations and ask that the court declare the Leopard EULA void. That's a pretty longshot argument, especially since EULAs have traditionally been upheld in California and Florida and we find it hard to believe a court would find a company with ten percent marketshare to be abusing a monopoly position, but we'll see how everything goes down -- this one is going to have some fireworks for sure.

Usually it's "only a matter of time" before some new-fangled laptop destined for a Windows kind of life up and gets OSx86 installed on it, but for the Dell Studio, that matter of time was extremely short. Witness a Studio 17 running Leopard out of the box, save for a few minor problems like lack of full video support, sound, WiFi, Bluetooth, and Ethernet. Still, it's pretty encouraging to see the system working at all with such little time and effort put into it. Kind of makes you wish we lived in a super-magical fantasy world where you could run whatever OS you wanted on your laptop, doesn't it?

Update: We had to pull the read link here due to the "Engadget Effect" -- sorry Ken!

The folks at EFiX don't exactly have the best record of sticking to promised release dates, but the company's CEO and lead engineer, Wilhelm von Vnukov, now tells us that the V2 edition of the OSX-installing device for desktop PCs will be available on Monday (July 7th), "I think," with the V1 version set to follow three to four weeks later (still no word on the promised device for laptops). According to the website, the only difference between the two is the addition for support of "several motherboards" on the V2, as well as "experimental support for some prototype motherboards." What's more, the company has also now confirmed that the price for the initial batch will be €80 (or about $125), although availability seems to be confined to Taiwan and Bulgaria at the moment, with a number of other countries (including the United States) listed as being "in negotiation." The company is also promising that the price will be substantially lower once the device enters mass production, although it's unsurprisingly not making any promises as to when that might happen.

Well, today's the day that the EFiX folks promised their magical OS X-installing USB device would be available to the general PC-going public and, judging from the company's website at least, it seems like it's no more readily available than it was yesterday. The company has at least put up a product page for the desktop version of the device (pictured at right), however, as well as some non-working links for promised laptop and PCI versions of the device -- not to mention an intriguing (also non-working) link for "complete systems." They've also helpfully provided a list of compatible hardware, which looks to be extensive enough (assuming it all is, in fact, compatible). Feel free to post in comments if you've actually managed to get an order in one way or another, and we'll be sure to let you know if we hear anything more.

[Thanks, Scientist]