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Psystar founders claim they cracked OS X, hackintosh scene is 'all wrong'

Okay, so we're reading this puff piece in the Miami New Times about would-be Mac cloner Psystar, and while we're somewhat willing to dismiss author Tim Elfrink's various mischaracterizations of the law and what Psystar is actually doing as just laziness and / or ignorance, there's a quote here from Psystar founder Rudy Pedraza that simply leaps off the page:
Rudy scoffs at the idea he borrowed from the Hackintosh scene. "The first thing you have to do is unlearn everything you've read online about how to make this work," Rudy says, "because it's all wrong."
Really? Because we think there's a very large, very active hacking community out there that would disagree with you, Rudy.

P.S.- A full list of every other mistake in this piece after the break.

[Thanks, Chris]

Psystar releases Rebel EFI installer, further enrages Apple

When not flying the Hackintosh banner, filing lawsuits, or generally positioning themselves as the gadfly on the ass of Apple, the kids at Psystar have been hard at work developing the software meant to free us all from the iron grip of Cupertino-approved hardware. And now, a mere two weeks since the company announced that it will be licensing its Darwin Universal Boot Loader to third parties, we submit for your approval a little something called Rebel EFI. Available to you -- the consumer -- right this very moment, the app will function as a universal installer for any modern OS -- provided your machine sports an Intel Core 2 Duo, Core 2 Quad, i7 or Xeon Nehalem processor. And of course, "any modern OS" includes Snow Leopard. What are you waiting for? Download the trial version for free (limited functionality, runtime of two hours) or download the full deal for the introductory price of $50 (full retail is $90).

[Via iHackintosh]

Psystar licenses Darwin Universal Boot Loader to third parties, chaos ensues


Like the proverbial kid brother, Psystar has amused us for years now, following Apple around, mocking it, claiming some sort of moral high ground for its Open Macs. Now, hot on the heels of Snow Leopard, the company is back with yet another ambitious project. For a fee, Psystar will license you its Darwin Universal Boot Loader (providing you're an OEM). By shipping machines with the DUBL pre-installed yet relying on the consumer to install his own Snow Leopard disk (which he obtained legally, of course) you should theoretically be able to avoid any sort of sticky legal situation of the sort that has dogged Psystar for years. If that weren't enough, the boot loader supports up to six different operating systems per machine and apparently configures itself, ahem, "automagicly." Is this the last nail in the coffin, the final puzzle piece that will bring us a world where third party machines running OS X fly off the shelves with abandon? Somehow, we doubt it. But it would be amusing to buy a computer with a "Psystar Certified" sticker next to the one that says "Intel Inside." Your move, Apple. PR after the break.

[Via Apple Insider]

Psystar bounces back from Chapter 11, intros new high-end hardware


Everybody's favorite fuzzy little Apple clone maker is back from Chapter 11 bankruptcy protection (we're still waiting on that revelatory outing of creditors that Apple is so hungry for), and already has a new product in the offering. Psystar's new Open(7) hardware runs Intel Nehalem Xeon, which should provide a nice performance jolt to hackintosh land. Psystar is also going to start using a new bootloader called Darwin Universal Boot Loader, which will eventually be released to open source. Oh, and just in case you were wondering: a little bit of bankruptcy hasn't softened the company's confrontational spirit: Psystar says it's ready to "emerge and again battle Goliath," and that when "life gives you apples, make applesauce." It's kind of cute, really.

[Via TUAW]

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 Open(3) manages to ship, gets unboxed by lucky customer


Take a good look at the box above, folks -- it just might be the first, the last and the only Open(3) you ever see. Psystar's latest Mac clone, which was launched right around a month ago, has miraculously managed to ship out (or, at least one has). If you'll recall, the company has been battling with Apple for months on end for selling OS X-equipped machines without Cupertino's blessing, but apparently it's still doing at least a bit of business under the table. Hit up the read link for a Flickr gallery full of this here slap in the face. It's good stuff, trust us.

[Thanks, Mike]

Psystar pushes its luck, launches new Open (3) Mac clone desktop

Psystar pushes its luck, launches new Open (3) Mac clone desktop
Other Mac-cloners may know their time is limited, but good 'ol Psystar just keeps on forging straight ahead -- despite being locked in a nasty legal battle with Apple that could result in it getting shut down any second now. Ignoring that (sophisticated looking) elephant in the corner for a moment, the company has released its latest model, called the Open(3). It sports your choice of processors ranging from a 2.8GHz Core2Duo E7400 up to a 2.53GHz Core2Quad Q8200, up to 4GB of memory, 1TB of storage, a 6x Blu-ray burner, and graphics from an NVIDIA GeForce 9500GT, all packaged in a slim case that, while not quite up to Cupertino standards, certainly looks a fair bit more visually appealing than its previous black boxes. Prices start at just $599, but tick all those option buttons and you'll be looking at something closer to $2,000 -- a lot, but close to $1,000 less than a comparably spec'd Mac Pro. Get 'em while you can.

[Via Pocket-lint]

German Mac cloners: "We know our product won't last long"

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.

German Mac clone company thinks Germany doesn't have laws

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

Psystar's lawyers regroup, try another tactic against Apple


So it looks like wannabe cloner Psystar's supposedly hotshot law firm of Carr and Ferrell regrouped for a deep think after pumping out some fairly weak arguments in its case against Apple -- according to a new draft of Psystar's countersuit, the Florida-based computer reseller should be allowed to sell whitebox Mac OS X machines because it legally purchased copies of Leopard at retail. That's the first sale doctrine, if you're into copyright law -- it states that the purchaser of copyrighted materials (like a book) can sell or dispose of them however they want. Here's the thing though: a big part of Apple's case (but not all of it) is based around the fact that consumers license OS X under the terms of the EULA -- and courts are basically up in the air over whether the first sale doctrine should apply to software transactions. It's an interesting tactic with a ton of repercussions beyond Apple if it's successful, but we honestly can't see it working -- in the cases where first sale has been used to overcome a EULA, it's generally been for used software, not companies like Psystar, who are modifying and installing new copyrighted software sold by a first party. We'll see how Apple responds -- things just got interesting again.

Update: World Of Apple notes that this argument has been present from the outset, but it sounds like Psystar's really pushing it now. We'd say so -- we think it's the only plausible one we've heard so far.

[Thanks, iB3nji]

Disclaimer: Nilay's a lawyer and about to fall over from CES, but he's not your lawyer, and this isn't legal advice or analysis.

Psystar's lawyers take another hit, say Apple didn't copyright OS X


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

EFi-X shuts down EFi-X USA, says it doesn't support Mac clones

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]

EFi-X USA decides to tempt Apple's lawyers, will start shipping OS X-capable machines

We've always been intrigued by the EFI-X dongle that fools OS X into running on stock Intel machines, Software Update and all, and now it looks like the company a company called EFi-X USA is taking things one step further -- it's planning on shipping pre-built machines capable of running Apple's OS. The EFi-X Millennium 4 will sport an overclocked 3.8GHz Core 2 Quad, 4GB of RAM, and a GeForce 8800 GTS graphics card in an Antec P180 case, all for $1,899 plus the $199 EFi-X dongle. The idea is to avoid any Psystar-style legal troubles by leaving the purchase and installation of OS X up to the end user, but apparently no one at EFi-X USA has talked to a lawyer or even read our previous posts on the matter, since Apple's lawsuit against Psystar turns as much on contributory and induced copyright infringement as it does on Psystar's direct violation of Apple's OS X EULA. In other words, it's illegal to sell a product expressly designed to allow customers to infringe copyrights -- a principle Napster and Grokster made famous, you'll recall. Plus we're pretty certain there's a DMCA argument in there since the EFi-X dongle circumvents Apple's protections on OS X -- the validity of which Psystar is actually testing in its revised countersuit. We'll see how it goes -- we're seriously worried that these companies are doing far more harm to the OSx86 scene than good.

P.S.- Oh, and honestly, Apple, if you want this entire headache to go away, all you have to do is produce a reasonably-priced, configurable midrange tower. Think about it.

Update: We've just been pinged by the original EFi-X team, who tell us that EFi-X USA has nothing to do with them, that they have no plans to sell actual machines, and that they strongly disapprove of EFi-X USA. Shades of Psystar's use of netkas's work on OSx86 without permission, we'd say -- shady shady.

[Thanks, Mark]

Psystar drops antitrust argument against Apple, throws copyright abuse at the wall


Oh, Psystar. Fresh from the court's smackdown of its antitrust claims against Apple, the wannabe Mac cloner has amended its lawsuit to ditch that argument and instead allege that Steve-o is committing the sin of copyright abuse by not letting it sell OS X compatible machines. Yes, copyright abuse. The little-known doctrine is generally used by by those being sued for copyright infringement as a defense, and Psystar's now questionably hotshot legal team is essentially throwing a Hail Mary by arguing that Apple's EULA is anticompetitive because it relies on the power of copyright law to restrict the use of OS X to Apple's machines. If you're thinking to yourself, "But imposing conditions on a licensee is exactly the sort of power granted to a copyright owner!" congratulations -- you have incredibly boring thoughts. You're also exactly correct -- we don't see this argument getting any farther than the antitrust one did. Honestly, at this point we're pretty certain Psystar is hurting the OSx86 movement way more than it's helping -- Apple's started making noise like it's coming after the hackers who make it possible, and that's the last thing we want to have happen. Maybe stop tickling the dragon, guys?

P.S.- The PDF of the new counterclaim is an entertaining read -- the law students out there might want to read it as reassurance they'll eventually be paid the big bucks to spew out some deep crazy.

OpeniMac offers cut-rate, aesthetically challenged Apple clones direct from Argentina


After seeing how well Psystar did with its Open Computer, we think we'll just build our own Hackintosh rather than jump into this OpeniMac we've recently been hepped to. But who knows? Maybe you've been dying to send your hard earned money down to some shady Argentinean characters. In that case, this 2.53GHz machine should be right up your alley. Selling for $990 (or $1,330 with an LG 19-inch monitor), the base unit ships with 2GB memory, 320GB storage, and a 256MB ATI Radeon HD PRO. If you've got deep pockets, $1,710 will get you the OpeniMacPRO, a 3.0GHz machine with a 20-inch widescreen monitor and 4GB RAM. But seriously -- who knows where the money goes? And who knows whether you'll ever see the machine? One thing is for certain, however -- this case is as ugly as sin.

[Thanks, Santiago]
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