Engadget http://www.engadget.com Engadget http://www.blogsmithmedia.com/www.engadget.com/media/feedlogo.gif Engadget http://www.engadget.com en-us Copyright 2012 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver]]>http://www.engadget.com/2011/09/29/psystar-loses-appeal-in-battle-with-apple-told-to-ditch-mac-clo/http://www.engadget.com/2011/09/29/psystar-loses-appeal-in-battle-with-apple-told-to-ditch-mac-clo/http://www.engadget.com/2011/09/29/psystar-loses-appeal-in-battle-with-apple-told-to-ditch-mac-clo/#comments Psystar We're sure Psystar, its lawyers and its tens of fans, didn't really expect to win the appeal it filed following the permanent injunction handed down against its commercial hackintoshes, but you can't blame the company for trying. A little over three years after the drama began, with Apple suing to ban Psystar's products, it seems the epic tale has come to an end. The company hasn't really been in business since December of '09 anyway, so today's ruling upholding the injunction won't make much of a difference either way. We're just sad that this may, in fact, be the last time we ever hear from Eugene Action -- let's take a moment to reminisce, shall we?

Continue reading Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver

Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver originally appeared on Engadget on Thu, 29 Sep 2011 18:11:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appealapplebancopyrightcopyright infringementCopyrightInfringementefieugene actionEugeneActionhackintoshinjunctionlawsuitopenmacos xOsXpsystarrebel efiRebelEfirulingThu, 29 Sep 2011 18:11:00 EST<![CDATA[Psystar files official notice of appeal, ruthlessly attacks windmill]]>http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/#comments We're still not clear on whether Psystar is still in business, or if it's selling anything other than T-shirts, but the would-be Mac cloner isn't totally out of the game yet: it's filed an official notice of appeal in the California court, which means it's going to try and fight that decisive victory and injunction won by Apple a month ago. Just based on the simple open-and-shut legal reasoning involved in the decision -- surprise, you can't copy, modify, and resell a copyrighted work without permission -- we'd say this appeal is a long shot, but we didn't go to Harvard Law School like Psystar attorney Eugene Action. Man, we missed that guy. Let's quote from his website again, shall we?
The matrix is born and the energy sucking machine herds Americans into pods of predetermined limitations. Forced programming on your computer is just one of the provisional patents looming against freedom and democracy. Capitalism spurring innovation and creativity through open and competitive markets is at risk on this new frontier. This new battle is being fought on the abstract electronic plains of America while most of us cannot even open our email. The beachheads are red with the blood of ambitious Americans gunned down for their initiative.
Let's be honest: we never, ever, want this story to end.

P.S. -- Wondering why Rebel EFI is listed as "out of stock" on the Psystar website? It's because there isn't any stock, shockingly enough -- in a statement filed with the court on December 31, Rudy Pedraza says all copies of the bootloader have been destroyed except for one that's in the possession of his attorneys. Between this appeal and the pending case in Florida over Snow Leopard, we'd say that means it'll be a long time before the software is back on the scene -- enough time for the legit OSx86 scene to leapfrog it entirely.

Psystar files official notice of appeal, ruthlessly attacks windmill originally appeared on Engadget on Sat, 16 Jan 2010 12:32:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appealapplecopyrightcopyright lawCopyrightLaweugene actionEugeneActionlawsuitlegalmac os xMacOsXos xOsXpsystarrebel efiRebelEfiSat, 16 Jan 2010 12:32:00 EST<![CDATA[Psystar still in business, or not in business, or... something]]>http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/#comments Psystar's attorneys have had some truly bumbling moments in the past year or so, and the hits keep coming: now they're disagreeing over whether or not the would-be Mac cloner is out of business. Lead law firm Camara & Sibley is now denying yesterday's Dow Jones report, which quoted Psystar's California counsel Eugene Action as saying the company would be shutting down "immediately," and insists that the company is still is business selling Rebel EFI. That would be the end of the story for now... except it's not true. Although Psystar's site still offers the software for download, it's listed as "out of stock," and you can't buy a license. What's more, Psystar was just ordered by the California court to stop helping anyone install OS X and warned that it continued to sell Rebel EFI "at its peril," so it'd be pretty ballsy to offer it for sale once again. Camara & Sibley also says it's going to appeal the California decision while it presses forward with the second lawsuit in Florida, but we've seriously got to wonder who's going to pay all these bills -- Psystar is already on the hook for $2.67 million in fines to Apple, and appeals and a second round of litigation don't come cheap. We'll see what happens next, but we can't say we're too surprised that the end of Psystar's story is as shady as its start.

P.S.- Eugene Action might be the single best thing to come out of this whole mess -- his website, located at (seriously) myharvardlawyer.us, is a treasure trove of embarrassing hilarity. Choice unedited quote:

I Graduated from Harvard Law School in Cambridge Massachusetts. If you have not heard of Harvard Law school, welcome to planet earth and enjoy your visit.

Well, we're certainly impressed -- too bad that fancy degree didn't help Psystar win its case, though.

Psystar still in business, or not in business, or... something originally appeared on Engadget on Sat, 19 Dec 2009 17:44:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appleeugene actionEugeneActionlawsuitlegalpsystarSat, 19 Dec 2009 17:44:00 EST<![CDATA[Psystar to shut down 'immediately,' world shrugs]]>http://www.engadget.com/2009/12/18/psystar-to-shut-down-immediately-world-shrugs/http://www.engadget.com/2009/12/18/psystar-to-shut-down-immediately-world-shrugs/http://www.engadget.com/2009/12/18/psystar-to-shut-down-immediately-world-shrugs/#comments
Has the saga finally come to an end? Dow Jones is reporting that Psystar will be firing its eight employees and then "shutting things down immediately," in the words of the company's attorney with the bad-ass name, Eugene Action. Besides, after the latest round of losses at the hands of Apple, this should come as a shock to nobody. Now that we've put all that behind us, can we concentrate on something of importance -- like Tweeting swears from the Zune HD Twitter app?

Psystar to shut down 'immediately,' world shrugs originally appeared on Engadget on Fri, 18 Dec 2009 20:51:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applecopyrightcopyright infringementCopyrightInfringementdmcaeugene actionEugeneActionlawsuitlegalleopardmac os xMacOsXout of businessOutOfBusinesspsystarrebel efiRebelEfisnow leopardSnowLeopardFri, 18 Dec 2009 20:51:00 EST<![CDATA[Psystar banned from copying any version of OS X, helping others install it]]>http://www.engadget.com/2009/12/16/psystar-banned-from-copying-any-version-of-os-x-helping-others/http://www.engadget.com/2009/12/16/psystar-banned-from-copying-any-version-of-os-x-helping-others/http://www.engadget.com/2009/12/16/psystar-banned-from-copying-any-version-of-os-x-helping-others/#comments And it's all over, folks: The US District Court for the Northern District of California has just permanently forbidden wannbe Mac cloner Psystar from selling modified versions of OS X, providing any tools that enable users to bypass the OS X kernel encryption, and / or intentionally aiding anyone else from infringing Apple's OS X copyrights in any way. We knew this was coming following Apple's decisive victory against Psystar last month -- the only open questions were whether the court would include Snow Leopard and Psytar's Rebel EFI software in the ban, since the lawsuit was specifically about Leopard and Rebel EFI wasn't the subject of any proceedings. Both issues were predictably resolved in favor of Apple: the court specifically included Snow Leopard and any future versions of OS X in the scope of the injunction, and while Judge Alsup couldn't address Rebel EFI directly, he did expressly forbid Psystar from "manufacturing, importing, offering to the public, providing, or otherwise trafficking" in anything that circumvents Apple's OS X hardware locks -- which we'd say covers Rebel EFI's functionality pretty thoroughly. Psystar has until December 31 to comply, and the Judge Alsup isn't kidding around: "Defendant must immediately begin this process, and take the quickest path to compliance; thus, if compliance can be achieved within one hour after this order is filed, defendant shall reasonably see it done." Psystar can still appeal, obviously, but it's already got its own hefty legal bills and a $2.67m fine to pay to Apple, so we've got a feeling this one might have reached the end of the line.

P.S.- Amusingly, Judge Alsup appears to be pretty sick of Apple's shenanigans as well: in the section discussing Snow Leopard, he says Apple first tried to block any discovery of Snow Leopard before the OS was released, and then pushed to include the software in the case after it launched. That's why the Florida case over Snow Leopard wasn't merged into this case -- Alsup thought it was a "slick tactic" that "smacked of trying to 'have it both ways,' and offended [his] sense of fair play." Ouch.

Psystar banned from copying any version of OS X, helping others install it originally appeared on Engadget on Wed, 16 Dec 2009 13:43:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applecopyrightcopyright infringementCopyrightInfringementdmcalawsuitlegalleopardmac os xMacOsXpsystarrebel efiRebelEfisnow leopardSnowLeopardWed, 16 Dec 2009 13:43:00 EST<![CDATA[Apple dings Psystar for $2.67m, round two heads to Florida]]>http://www.engadget.com/2009/12/01/apple-dings-psystar-for-2-67m-round-two-heads-to-florida/http://www.engadget.com/2009/12/01/apple-dings-psystar-for-2-67m-round-two-heads-to-florida/http://www.engadget.com/2009/12/01/apple-dings-psystar-for-2-67m-round-two-heads-to-florida/#comments It looks like the first phase of the Apple / Psystar Mac cloning saga is winding towards a conclusion, as the two sides have just filed to wrap up their case with the California court that ruled decisively in favor of Apple last month. As you probably expect, Apple hasn't ceded much ground here: Psystar's agreed to be deemed liable for illegally copying OS X Leopard, bypassing the OS X kernel encryption in violation of the DMCA, and breaching Apple's EULA, all to the tune of $2,675,050. In return, Apple's dropping its various trademark and unfair competition claims, and has promised to hold off on collecting any cash until the various appeals have run their course. Now, considering Apple and Psystar are currently engaged in pretty much the exact same case in Florida over Snow Leopard, we'd say that this agreement isn't much more than a way for both sides to save money and move on to that fight: Apple's already won the bulk of its case against Psystar in California, and spending money to litigate trademark claims we thought were weak when we first read them doesn't really buy Steve any leverage he doesn't already have, while Psystar probably needs to scrimp all the coin it can.

There's one other little wrinkle here, and that's exactly what Apple's eventually going to be able to prevent Psystar from doing. It's certain that the California court will bar Psystar from preloading machines with Leopard, but Psystar's arguing that its new Rebel EFI software shouldn't be covered by any decision, since it wasn't part of the case. That's an interesting argument and definitely worth some consideration -- but it's got some holes in it since Psystar's now admitted that it's liable for contributory and induced copyright infringement and violating the DMCA. As we've said before, Psystar's essentially doing with Rebel EFI what Grokster got smacked by the Supreme Court for doing in 2005: it's trying to build a business around the knowing copyright infringement of customers, and that usually doesn't fly. We'll see what happens -- and Florida awaits.

Apple dings Psystar for $2.67m, round two heads to Florida originally appeared on Engadget on Tue, 01 Dec 2009 15:19:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applebreaking newsBreakingNewscloninghackintoshlawsuitlegalmac cloneMacCloneos xOsXosx86psystarTue, 01 Dec 2009 15:19:00 EST<![CDATA[Apple wins copyright infringement case against Psystar in California]]>http://www.engadget.com/2009/11/14/apple-wins-copyright-infringement-case-against-psystar-in-califo/http://www.engadget.com/2009/11/14/apple-wins-copyright-infringement-case-against-psystar-in-califo/http://www.engadget.com/2009/11/14/apple-wins-copyright-infringement-case-against-psystar-in-califo/#comments Well, well. Apple's won its copyright infringement claim against would-be Mac cloner Psystar in California. Anyone surprised? As we've been saying all along, the key argument wasn't the OS X EULA or Psystar's failed monopoly claims, but pure, simple copyright infringement, since Psystar was illegally copying, modifying, and distributing Apple's code. Psystar was also dinged for circumventing Apple's kernel encryption in violation of the Digital Millenium Copyright Act, but that's just another nail in the coffin, really. There's still some legal fireworks to come, as Apple's various other claims like breach of contract, trademark infringement, and unfair competition weren't addressed in this ruling, but those are all secondary issues now -- and we'd expect this decision to have quite an impact on the other case currently ongoing in Florida. We've broken down the highlights after the break, hit up the read link for the PDF and follow along.

Continue reading Apple wins copyright infringement case against Psystar in California

Filed under:

Apple wins copyright infringement case against Psystar in California originally appeared on Engadget on Sat, 14 Nov 2009 17:59:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applecopyrightcopyright infringementCopyrightInfringementhackintoshlawsuitlegalmac os xMacOsXosx86psystarSat, 14 Nov 2009 17:59:00 EST<![CDATA[Psystar founders claim they cracked OS X, hackintosh scene is 'all wrong']]>http://www.engadget.com/2009/11/11/psystar-founders-claim-they-cracked-os-x-hackintosh-scene-is-a/http://www.engadget.com/2009/11/11/psystar-founders-claim-they-cracked-os-x-hackintosh-scene-is-a/http://www.engadget.com/2009/11/11/psystar-founders-claim-they-cracked-os-x-hackintosh-scene-is-a/#comments 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]

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

Filed under: ,

Psystar founders claim they cracked OS X, hackintosh scene is 'all wrong' originally appeared on Engadget on Wed, 11 Nov 2009 17:03:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applehackintoshlawsuitlegalopen computerOpenComputeros xOsXosx86osx86 projectOsx86ProjectpsystarWed, 11 Nov 2009 17:03:00 EST<![CDATA[Psystar releases Rebel EFI installer, further enrages Apple]]>http://www.engadget.com/2009/10/23/psystar-releases-rebel-efi-installer-further-enrages-apple/http://www.engadget.com/2009/10/23/psystar-releases-rebel-efi-installer-further-enrages-apple/http://www.engadget.com/2009/10/23/psystar-releases-rebel-efi-installer-further-enrages-apple/#comments
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]

Filed under: ,

Psystar releases Rebel EFI installer, further enrages Apple originally appeared on Engadget on Fri, 23 Oct 2009 13:49:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>appledarwin universal boot loaderDarwinUniversalBootLoaderdiydublhackintoshMacmodopen macOpenMacos xOsXpsystarrebel efiRebelEfisnow leopardSnowLeopardFri, 23 Oct 2009 13:49:00 EST<![CDATA[Psystar licenses Darwin Universal Boot Loader to third parties, chaos ensues]]>http://www.engadget.com/2009/10/07/psystar-licenses-darwin-universal-boot-loader-to-third-parties/http://www.engadget.com/2009/10/07/psystar-licenses-darwin-universal-boot-loader-to-third-parties/http://www.engadget.com/2009/10/07/psystar-licenses-darwin-universal-boot-loader-to-third-parties/#comments
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]

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

Filed under: ,

Psystar licenses Darwin Universal Boot Loader to third parties, chaos ensues originally appeared on Engadget on Wed, 07 Oct 2009 11:54:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appledarwin universal boot loaderDarwinUniversalBootLoaderdublhackintoshopen macOpenMacpsystarsnow leopardSnowLeopardWed, 07 Oct 2009 11:54:00 EST<![CDATA[Psystar bounces back from Chapter 11, intros new high-end hardware]]>http://www.engadget.com/2009/07/02/psystar-bounces-back-from-chapter-11-intros-new-high-end-hardwa/http://www.engadget.com/2009/07/02/psystar-bounces-back-from-chapter-11-intros-new-high-end-hardwa/http://www.engadget.com/2009/07/02/psystar-bounces-back-from-chapter-11-intros-new-high-end-hardwa/#comments
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]

Filed under:

Psystar bounces back from Chapter 11, intros new high-end hardware originally appeared on Engadget on Thu, 02 Jul 2009 11:16:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applebankruptcychapter 11Chapter11darwin universal boot loaderDarwinUniversalBootLoaderdublhackintoshopen7psystarThu, 02 Jul 2009 11:16:00 EST<![CDATA[Psystar files for bankruptcy, anonymous creditors to be outed]]>http://www.engadget.com/2009/05/26/psystar-files-for-bankruptcy-anonymous-creditors-to-be-outed/http://www.engadget.com/2009/05/26/psystar-files-for-bankruptcy-anonymous-creditors-to-be-outed/http://www.engadget.com/2009/05/26/psystar-files-for-bankruptcy-anonymous-creditors-to-be-outed/#comments
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]

Filed under:

Psystar files for bankruptcy, anonymous creditors to be outed originally appeared on Engadget on Tue, 26 May 2009 13:54:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>appleapple cloneAppleClonebankruptbankruptcybreaking newsBreakingNewschapter 11Chapter11cloneclonespsystarTue, 26 May 2009 13:54:00 EST<![CDATA[Psystar Open(3) manages to ship, gets unboxed by lucky customer]]>http://www.engadget.com/2009/04/16/psystar-open-3-manages-to-ship-gets-unboxed-by-lucky-customer/http://www.engadget.com/2009/04/16/psystar-open-3-manages-to-ship-gets-unboxed-by-lucky-customer/http://www.engadget.com/2009/04/16/psystar-open-3-manages-to-ship-gets-unboxed-by-lucky-customer/#comments
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]

Filed under:

Psystar Open(3) manages to ship, gets unboxed by lucky customer originally appeared on Engadget on Thu, 16 Apr 2009 13:29:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>macmac cloneMacCloneopenopen 3Open3os xOsXPsystarPsystar open 3PsystarOpen3unboxunboxedunboxingThu, 16 Apr 2009 13:29:00 EST<![CDATA[Psystar pushes its luck, launches new Open (3) Mac clone desktop]]>http://www.engadget.com/2009/03/18/psystar-pushes-its-luck-launches-new-open-3-mac-clone-desktop/http://www.engadget.com/2009/03/18/psystar-pushes-its-luck-launches-new-open-3-mac-clone-desktop/http://www.engadget.com/2009/03/18/psystar-pushes-its-luck-launches-new-open-3-mac-clone-desktop/#commentsPsystar 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]

Filed under:

Psystar pushes its luck, launches new Open (3) Mac clone desktop originally appeared on Engadget on Wed, 18 Mar 2009 06:51:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applemac cloneMacCloneopen3os xOsXpsystarpsystar open3PsystarOpen3Wed, 18 Mar 2009 06:51:00 EST<![CDATA[German Mac cloners: "We know our product won't last long"]]>http://www.engadget.com/2009/02/24/german-mac-cloners-we-know-our-product-wont-last-long/http://www.engadget.com/2009/02/24/german-mac-cloners-we-know-our-product-wont-last-long/http://www.engadget.com/2009/02/24/german-mac-cloners-we-know-our-product-wont-last-long/#commentsWe 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.

Filed under:

German Mac cloners: "We know our product won't last long" originally appeared on Engadget on Tue, 24 Feb 2009 13:24:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applehackintoshhypermeganetmac cloneMacCloneosx86pearcpsystarTue, 24 Feb 2009 13:24:00 EST<![CDATA[German Mac clone company thinks Germany doesn't have laws]]>http://www.engadget.com/2009/02/06/german-mac-clone-company-thinks-germany-doesnt-have-laws/http://www.engadget.com/2009/02/06/german-mac-clone-company-thinks-germany-doesnt-have-laws/http://www.engadget.com/2009/02/06/german-mac-clone-company-thinks-germany-doesnt-have-laws/#commentsWe'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

Filed under:

German Mac clone company thinks Germany doesn't have laws originally appeared on Engadget on Fri, 06 Feb 2009 15:36:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applehypermeganetlawsuitlegalmac cloneMacCloneosx86pearcpsystarFri, 06 Feb 2009 15:36:00 EST<![CDATA[Psystar's lawyers regroup, try another tactic against Apple]]>http://www.engadget.com/2009/01/14/psystars-lawyers-regroup-try-another-tactic-against-apple/http://www.engadget.com/2009/01/14/psystars-lawyers-regroup-try-another-tactic-against-apple/http://www.engadget.com/2009/01/14/psystars-lawyers-regroup-try-another-tactic-against-apple/#comments
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.

Filed under: ,

Psystar's lawyers regroup, try another tactic against Apple originally appeared on Engadget on Wed, 14 Jan 2009 15:13:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applefirst salefirst sale doctrineFirstSaleFirstSaleDoctrinelawsuitlegalos xOsXpsystarWed, 14 Jan 2009 15:13:00 EST<![CDATA[Psystar's lawyers take another hit, say Apple didn't copyright OS X]]>http://www.engadget.com/2008/12/23/psystars-lawyers-take-another-hit-say-apple-didnt-copyright-o/http://www.engadget.com/2008/12/23/psystars-lawyers-take-another-hit-say-apple-didnt-copyright-o/http://www.engadget.com/2008/12/23/psystars-lawyers-take-another-hit-say-apple-didnt-copyright-o/#comments
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

Filed under:

Psystar's lawyers take another hit, say Apple didn't copyright OS X originally appeared on Engadget on Tue, 23 Dec 2008 00:07:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applelawsuitlegalmac cloneMacCloneosx86psystarTue, 23 Dec 2008 00:07:00 EST<![CDATA[EFi-X shuts down EFi-X USA, says it doesn't support Mac clones]]>http://www.engadget.com/2008/12/12/efi-x-shuts-down-efi-x-usa-says-it-doesnt-support-mac-clones/http://www.engadget.com/2008/12/12/efi-x-shuts-down-efi-x-usa-says-it-doesnt-support-mac-clones/http://www.engadget.com/2008/12/12/efi-x-shuts-down-efi-x-usa-says-it-doesnt-support-mac-clones/#commentsThe 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]

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

Filed under:

EFi-X shuts down EFi-X USA, says it doesn't support Mac clones originally appeared on Engadget on Fri, 12 Dec 2008 16:17:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>efi xefi x usaefi-xefi-x usaEfi-xUsaEfiXEfiXUsahackintoshmac cloneMacCloneosx86psystarFri, 12 Dec 2008 16:17:00 EST<![CDATA[EFi-X USA decides to tempt Apple's lawyers, will start shipping OS X-capable machines]]>http://www.engadget.com/2008/12/12/efi-x-decides-to-tempt-apples-lawyers-will-start-shipping-os-x/http://www.engadget.com/2008/12/12/efi-x-decides-to-tempt-apples-lawyers-will-start-shipping-os-x/http://www.engadget.com/2008/12/12/efi-x-decides-to-tempt-apples-lawyers-will-start-shipping-os-x/#commentsWe'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]

Filed under:

EFi-X USA decides to tempt Apple's lawyers, will start shipping OS X-capable machines originally appeared on Engadget on Fri, 12 Dec 2008 11:34:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>appleefi xefi-xEfiXmac cloneMacClonepsystarFri, 12 Dec 2008 11:34:00 EST<![CDATA[Psystar drops antitrust argument against Apple, throws copyright abuse at the wall]]>http://www.engadget.com/2008/12/10/psystar-drops-antitrust-argument-against-apple-throws-copyright/http://www.engadget.com/2008/12/10/psystar-drops-antitrust-argument-against-apple-throws-copyright/http://www.engadget.com/2008/12/10/psystar-drops-antitrust-argument-against-apple-throws-copyright/#comments
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.

Filed under: ,

Psystar drops antitrust argument against Apple, throws copyright abuse at the wall originally appeared on Engadget on Wed, 10 Dec 2008 16:03:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>antitrustapplecopyright abuseCopyrightAbuselawsuitlegalmac cloneMacClonepsystarWed, 10 Dec 2008 16:03:00 EST<![CDATA[OpeniMac offers cut-rate, aesthetically challenged Apple clones direct from Argentina]]>http://www.engadget.com/2008/12/04/openimac-offers-cut-rate-aesthetically-challenged-apple-clones/http://www.engadget.com/2008/12/04/openimac-offers-cut-rate-aesthetically-challenged-apple-clones/http://www.engadget.com/2008/12/04/openimac-offers-cut-rate-aesthetically-challenged-apple-clones/#comments
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]

Filed under:

OpeniMac offers cut-rate, aesthetically challenged Apple clones direct from Argentina originally appeared on Engadget on Thu, 04 Dec 2008 17:41:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>appleapple cloneAppleCloneclonehackintoshimacmacmac cloneMacClonemacintoshopen computerOpenComputerOpeniMacos xOsXosx86psystarThu, 04 Dec 2008 17:41:00 EST<![CDATA[Apple amends Psystar complaint, says someone's behind the curtain]]>http://www.engadget.com/2008/12/03/apple-amends-psystar-complaint-says-someones-behind-the-curtai/http://www.engadget.com/2008/12/03/apple-amends-psystar-complaint-says-someones-behind-the-curtai/http://www.engadget.com/2008/12/03/apple-amends-psystar-complaint-says-someones-behind-the-curtai/#comments
The soap opera of would-be Mac cloner Psystar was already full of shady twists and turns, but there's a possibility Apple's legal team thinks there's some truth to a few of the wilder conspiracy theories out there -- a paragraph tacked on to an amended version of the complaint filed in California says that Apple believes people or corporations "other than Psystar are involved in Psystar's unlawful and improper activities." That could mean just about anything, of course -- we've always thought Psystar was being a little too cocky, and no one's ever figured out how a fledging company that couldn't even hold on to a credit card processor could retain such a hotshot law firm -- but chances are Apple's just covering its ass in case it wants to sue the major investors of Psystar individually or even the OSx86 hackers that unwillingly enabled the company's dubious business. Either way, with all of Psystar's antitrust counterclaims dismissed and Apple adding new DMCA claims to its lawsuit, we've got a feeling things are about to go boom in Florida pretty soon -- if machines really are still shipping, this is probably your last chance to grab a piece of (semi-functional) history.

[Via Daring Fireball]

Filed under:

Apple amends Psystar complaint, says someone's behind the curtain originally appeared on Engadget on Wed, 03 Dec 2008 11:42:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applelawsuitlegalpsystarWed, 03 Dec 2008 11:42:00 EST<![CDATA[Psystar's antitrust claims against Apple dismissed]]>http://www.engadget.com/2008/11/18/psystars-antitrust-claims-against-apple-dismissed/http://www.engadget.com/2008/11/18/psystars-antitrust-claims-against-apple-dismissed/http://www.engadget.com/2008/11/18/psystars-antitrust-claims-against-apple-dismissed/#comments

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]

Filed under:

Psystar's antitrust claims against Apple dismissed originally appeared on Engadget on Tue, 18 Nov 2008 19:02:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applecopyrightlawsuitlegalmac cloneMacCloneopen computeropen macOpenComputerOpenMacosx86psystarTue, 18 Nov 2008 19:02:00 EST<![CDATA[Possible Psystar Mac laptop clone in the works]]>http://www.engadget.com/2008/10/29/possible-psystar-mac-laptop-clone-in-the-works/http://www.engadget.com/2008/10/29/possible-psystar-mac-laptop-clone-in-the-works/http://www.engadget.com/2008/10/29/possible-psystar-mac-laptop-clone-in-the-works/#commentsIt looks like Psystar really hasn't been hit by either the economic downturn or the lawsuits Apple has brought against it regarding those "OS X-capable" machines. Adding insult to yesterday's injury -- the announcement of desktops with built-in Blu-ray and NVIDIA's GeForce 9800GT-- it also looks like the company is actively developing a Mac laptop clone, according to an email obtained by AppleInsider. A Psystar spokesperson claims that, "Although there is no mobile open computer at the moment, I can tell you that it is something that is in development," and adds "No release day or price has been set for any potential mobile product line. However I can assure you that at release it will be very competitively priced." Well then -- assuming the quality of the laptops will be comparable to those desktops -- we can hardly wait.

Filed under:

Possible Psystar Mac laptop clone in the works originally appeared on Engadget on Wed, 29 Oct 2008 14:52:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>appleclonemacmac cloneMacCloneopen computerOpenComputeros xOsXpsystarWed, 29 Oct 2008 14:52:00 EST<![CDATA[Psystar slaps Apple around, releases Mac clones with Blu-ray / GeForce 9800GT]]>http://www.engadget.com/2008/10/28/psystar-slaps-apple-around-releases-mac-clones-with-blu-ray-g/http://www.engadget.com/2008/10/28/psystar-slaps-apple-around-releases-mac-clones-with-blu-ray-g/http://www.engadget.com/2008/10/28/psystar-slaps-apple-around-releases-mac-clones-with-blu-ray-g/#comments
While suits from Psystar and Apple are currently attempting to work things out via alternative dispute resolution, the former company is doing something the latter company won't: offer OS X-capable machines with built-in Blu-ray and NVIDIA's GeForce 9800GT. Showing no mercy whatsoever in a recent release, Psystar calls Steve Jobs out for his controversial "bag of hurt" comment and proceeds to inform the general public that it's "now shipping" OS X-compatible PCs (better known as Open Computers) with Blu-ray optical drives and the GeForce 9800GT GPU. Based on pricing figures gathered from the company's website, a 6x Blu-ray writer is a $310 upgrade over a dual-layer DVD burner, while the 512MB GeForce 9800GT will set you back $200 more than the 8600GT. Whatcha got to say now, Steve? Huh? Huh?

[Via MacUser]

Filed under: , , ,

Psystar slaps Apple around, releases Mac clones with Blu-ray / GeForce 9800GT originally appeared on Engadget on Tue, 28 Oct 2008 16:34:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>9800gtapplebag of hurtBagOfHurtbdblu-raygeforcehdtvmacmac cloneMacClonemedia pcmedia pcsmediapcmediapcsnvidiaOpen ComputerOpenComputeros xOsXPsystarTue, 28 Oct 2008 16:34:00 EST<![CDATA[Psystar slaps Apple around, releases Mac clones with Blu-ray / GeForce 9800GT]]>http://www.engadget.com/2008/10/28/psystar-slaps-apple-around-releases-mac-clones-with-blu-ray-g/http://www.engadget.com/2008/10/28/psystar-slaps-apple-around-releases-mac-clones-with-blu-ray-g/http://www.engadget.com/2008/10/28/psystar-slaps-apple-around-releases-mac-clones-with-blu-ray-g/#comments
While suits from Psystar and Apple are currently attempting to work things out via alternative dispute resolution, the former company is doing something the latter company won't: offer OS X-capable machines with built-in Blu-ray and NVIDIA's GeForce 9800GT. Showing no mercy whatsoever in a recent release, Psystar calls Steve Jobs out for his controversial "bag of hurt" comment and proceeds to inform the general public that it's "now shipping" OS X-compatible PCs (better known as Open Computers) with Blu-ray optical drives and the GeForce 9800GT GPU. Based on pricing figures gathered from the company's website, a 6x Blu-ray writer is a $310 upgrade over a dual-layer DVD burner, while the 512MB GeForce 9800GT will set you back $200 more than the 8600GT. Whatcha got to say now, Steve? Huh? Huh?

[Via MacUser]

Filed under: , , ,

Psystar slaps Apple around, releases Mac clones with Blu-ray / GeForce 9800GT originally appeared on Engadget on Tue, 28 Oct 2008 16:34:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>9800gtapplebag of hurtBagOfHurtbdblu rayblu-raybluraygeforcehdmacmac cloneMacClonenvidiaOpen ComputerOpenComputeros xOsXothersPsystarTue, 28 Oct 2008 16:34:00 EST<![CDATA[Apple and Psystar to settle things with alternative dispute resolution, not tridents and hatchets]]>http://www.engadget.com/2008/10/19/apple-and-psystar-to-settle-things-with-alternative-dispute-reso/http://www.engadget.com/2008/10/19/apple-and-psystar-to-settle-things-with-alternative-dispute-reso/http://www.engadget.com/2008/10/19/apple-and-psystar-to-settle-things-with-alternative-dispute-reso/#comments
As much as we were hoping to see Steve Jobs and... well, anyone from Psystar settle things in the squared circle, we suppose we'll have to live with a much more peaceful end to this madness. Rather than spending wads of cash on lawyers for no good reason, the two outfits have agreed to use alternative dispute resolution in order to wrap this scuffle up and move forward. As you may know, ADR is a private process where both parties meet outside of a trial in order to reach some sort of agreement, though we imagine the outcome will be pretty public depending on Psystar's ability / inability to continue fulfilling orders. We're told that the process will get going before February of 2009, and the full fling (PDF) with the US district court in the Northern District of California is linked below if you've suddenly found yourself with entirely too much free time.

[Via The Mac Observer]

Filed under:

Apple and Psystar to settle things with alternative dispute resolution, not tridents and hatchets originally appeared on Engadget on Sun, 19 Oct 2008 12:13:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>adragreementAlternative Dispute ResolutionAlternativeDisputeResolutionapplelawsuitlegalOpen ComputerOpenComputerPsystarsuesuitSun, 19 Oct 2008 12:13:00 EST<![CDATA[Psystar to countersue Apple for antitrust violations, will ask court to declare Leopard EULA void]]>http://www.engadget.com/2008/08/26/psystar-to-countersue-apple-for-antitrust-violations-will-ask-c/http://www.engadget.com/2008/08/26/psystar-to-countersue-apple-for-antitrust-violations-will-ask-c/http://www.engadget.com/2008/08/26/psystar-to-countersue-apple-for-antitrust-violations-will-ask-c/#comments
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.

Filed under: ,

Psystar to countersue Apple for antitrust violations, will ask court to declare Leopard EULA void originally appeared on Engadget on Tue, 26 Aug 2008 19:44:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applemac clonesMacClonesmacintoshmacintosh clonesMacintoshClonesosx86psystarTue, 26 Aug 2008 19:44:00 EST<![CDATA[Open Tech selling self for $50k. That went well.]]>http://www.engadget.com/2008/08/25/open-tech-selling-self-for-50k-that-went-well/http://www.engadget.com/2008/08/25/open-tech-selling-self-for-50k-that-went-well/http://www.engadget.com/2008/08/25/open-tech-selling-self-for-50k-that-went-well/#comments
We were naturally overjoyed to see another "clone" manufacturer crop up, peddling OS X "compatibility" with none of the actual pre-installed-ness that made Psystar notable, so it's with a heavy heart that we bid adieu to Open Tech. The company has put itself up for sale, including its considerable "trade secrets," and can be yours for the low-low-price of 50 grand. Almost as bad a deal as its computers.

[Via Gadget Lab]

Filed under:

Open Tech selling self for $50k. That went well. originally appeared on Engadget on Mon, 25 Aug 2008 08:53:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>mac cloneMacCloneopen techOpenTechpsystarMon, 25 Aug 2008 08:53:00 EST<![CDATA[Psystar says it is "definitely still shipping" its Mac clones]]>http://www.engadget.com/2008/08/14/psystar-says-it-is-definitely-still-shipping-its-mac-clones/http://www.engadget.com/2008/08/14/psystar-says-it-is-definitely-still-shipping-its-mac-clones/http://www.engadget.com/2008/08/14/psystar-says-it-is-definitely-still-shipping-its-mac-clones/#comments
It looks like Psystar isn't about to let a little lawsuit stop it from selling its noise-ridden, OSX-running computers, with the company now saying that it is "definitely still shipping" its Mac clones, and that it also is making its restore utilities that "enhance the computing experience" available to its customers at no extra cost. As Information Week reports, the company also recently enlisted Palo Alto-based law firm Carr & Ferrell to help it out with its current predicament. As those that follow such things may recall, they've actually tussled with Apple before, and coaxed out a settlement.

Filed under:

Psystar says it is "definitely still shipping" its Mac clones originally appeared on Engadget on Thu, 14 Aug 2008 12:29:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>applecarr ferrellCarrFerrelllawsuitmac cloneMacClonepsystarThu, 14 Aug 2008 12:29:00 EST<![CDATA[Open Tech's "Mac clone" demonstrates a firm misunderstanding of the law]]>http://www.engadget.com/2008/07/22/open-techs-mac-clone-demonstrates-a-firm-misunderstanding-of/http://www.engadget.com/2008/07/22/open-techs-mac-clone-demonstrates-a-firm-misunderstanding-of/http://www.engadget.com/2008/07/22/open-techs-mac-clone-demonstrates-a-firm-misunderstanding-of/#comments
We don't suppose there's any friendlier way to put this: Open Tech Inc. is setting itself up for an Apple lawsuit, without any of the nice "product people will want to buy" stuff to balance out the equation. See, Open Tech thinks you're an idiot, and that you'll buy one of their "open computers" that can run (gasp!) OS X, XP, Vista or Ubuntu -- just like almost every other PC on the market today. We're guessing they figure that as long as they aren't loading OS X onto the computer themselves, they won't have any trouble from Apple, but that's where they go wrong. In addition to the EULA and copyright allegations, Apple's complaint against Psystar has claims for inducing copyright infringement and infringing on Apple trademarks by advertising non-Apple machines as compatible with OS X which is exactly Open Tech's ploy here. Mix that in with some crappy specs, an August-ish launch timeframe and no pricepoints to speak of, and you have one of the least desirable computers known to man. And hopefully a fun lawsuit for us to enjoy.

Filed under:

Open Tech's "Mac clone" demonstrates a firm misunderstanding of the law originally appeared on Engadget on Tue, 22 Jul 2008 06:04:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>mac cloneMacCloneopen computeropen techOpenComputerOpenTechpsystarTue, 22 Jul 2008 06:04:00 EST<![CDATA[Apple's lawsuit against Psystar examined]]>http://www.engadget.com/2008/07/16/apples-lawsuit-against-psystar-examined/http://www.engadget.com/2008/07/16/apples-lawsuit-against-psystar-examined/http://www.engadget.com/2008/07/16/apples-lawsuit-against-psystar-examined/#comments
So we just got our hands on the complaint Apple filed against Psystar for building off-label Mac clones, and as expected, Steve and friends aren't pulling any punches -- in addition to the eight total claims, request for a permanent injunction, and money damages, Apple wants a recall of every Psystar machine ever sold. That's harsh, but it's not like Apple to take this lightly. Like we've been saying all along, the suit is more about copyright infringement than EULA violations, since Psystar was distributing a modified version of Apple's copyrighted code outside the terms of the EULA. Grab the complaint here [PDF], and then head after the break for a quick breakdown of what Apple says Psystar is liable for.

PS. - Somewhat charmingly, we're quoted in the factual allegations section as calling the Psystar machine we reviewed "crazy loud" -- aww, you shouldn't have, guys. Maybe you want to throw in a citation next time, though? Just a thought.

Continue reading Apple's lawsuit against Psystar examined

Filed under:

Apple's lawsuit against Psystar examined originally appeared on Engadget on Wed, 16 Jul 2008 15:46:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applefeatureslawsuitlegalopen computeropen macOpenComputerOpenMacpsystarWed, 16 Jul 2008 15:46:00 EST<![CDATA[Apple files suit against Psystar for copyright infringement, mellow-harshing]]>http://www.engadget.com/2008/07/15/apple-files-suit-against-psystar-for-copyright-infringement-mel/http://www.engadget.com/2008/07/15/apple-files-suit-against-psystar-for-copyright-infringement-mel/http://www.engadget.com/2008/07/15/apple-files-suit-against-psystar-for-copyright-infringement-mel/#comments
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 Psystar
Read - Apple goes after clone maker Psystar

[Thanks, ginger.al]

Filed under:

Apple files suit against Psystar for copyright infringement, mellow-harshing originally appeared on Engadget on Tue, 15 Jul 2008 11:54:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>applebreaking newsBreakingNewscloneclonescopyrightcopyright infringementCopyrightInfringementlawsuitlegalmacmac cloneMacClonepsystarTue, 15 Jul 2008 11:54:00 EST<![CDATA[Psystar puffs out its chest, introduces off-license OS X servers]]>http://www.engadget.com/2008/06/20/psystar-puffs-out-its-chest-introduces-off-license-os-x-servers/http://www.engadget.com/2008/06/20/psystar-puffs-out-its-chest-introduces-off-license-os-x-servers/http://www.engadget.com/2008/06/20/psystar-puffs-out-its-chest-introduces-off-license-os-x-servers/#comments
Apple hasn't sued Psystar yet, so it's no surprise the company is pushing the envelope as far as it can -- it's just introduced two rackmount servers that come with OS X Server pre-installed. The OpenServ 1100 and 2400 are both configurable with 2.5 GHz Xeon processors and up to 16GB of RAM, with the 1U 1100 sporting four drive bays and the 2U 2400 rocking six. Just like Psystar's other products, you're on your own (or at the mercy of Psystar) for service and support, since Apple won't help you -- and considering Psystar kept sending us support tickets for that DHCP issue but never actually called us to resolve it, that might make enterprise customers a bit wary. On the other hand, with prices starting at $1599, we're certain some desperate render shop will take the plunge.

[Via Information Week]

Filed under:

Psystar puffs out its chest, introduces off-license OS X servers originally appeared on Engadget on Fri, 20 Jun 2008 21:36:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>mac clooneMacClooneopenserv 1100openserv 2400Openserv1100Openserv2400osx86psystarFri, 20 Jun 2008 21:36:00 EST<![CDATA[Psystar's Open Computer gets new case, video card]]>http://www.engadget.com/2008/05/27/psystars-open-computer-gets-new-case-video-card/http://www.engadget.com/2008/05/27/psystars-open-computer-gets-new-case-video-card/http://www.engadget.com/2008/05/27/psystars-open-computer-gets-new-case-video-card/#comments
We weren't terribly impressed with Psystar's Open Computer the first time around, but hopefully this new revision will perk things up a bit -- along with dealing with that insufferable fan noise. Psystar is making no such promises, but it has quietly rolled out a new case design, along with tossing in a NVIDIA GeForce 7200GS 256MB graphics card -- a decent bump over the original's integrated graphics. The price is still $399, and it still costs $155 extra to get Leopard pre-installed on the system.

[Thanks, iPod Macman]

Filed under:

Psystar's Open Computer gets new case, video card originally appeared on Engadget on Tue, 27 May 2008 11:01:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>7200gsappleleopardopen computerOpenComputerpsystarTue, 27 May 2008 11:01:00 EST<![CDATA[Psystar Open Computer notes, benchmarks and video]]>http://www.engadget.com/2008/04/30/psystar-open-computer-notes-benchmarks-and-video/http://www.engadget.com/2008/04/30/psystar-open-computer-notes-benchmarks-and-video/http://www.engadget.com/2008/04/30/psystar-open-computer-notes-benchmarks-and-video/#comments
Okay, so we've been playing with the Psystar Open Computer for a few hours now, and we've formed some early impressions and put together a short video of it in action. We haven't really tried to stress the system yet, but based on our other experiences with OSx86 machines, we're expecting things to generally go smoothly. That said, there are some definite rough patches and issues, all mostly having to do with the fact that OS X isn't really built for this hardware. Here's what we know so far:

Continue reading Psystar Open Computer notes, benchmarks and video

Psystar Open Computer notes, benchmarks and video originally appeared on Engadget on Wed, 30 Apr 2008 16:57:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>featuresopen computerOpenComputerpsystarWed, 30 Apr 2008 16:57:00 EST<![CDATA[Psystar Open Computer unboxing and hands-on]]>http://www.engadget.com/2008/04/30/psystar-open-computer-unboxing-and-hands-on/http://www.engadget.com/2008/04/30/psystar-open-computer-unboxing-and-hands-on/http://www.engadget.com/2008/04/30/psystar-open-computer-unboxing-and-hands-on/#comments
Engadget NYC might have gotten to play with Apple's latest and greatest iMac yesterday, but we keep it dirty in the Chi -- yep, we've got the first Psystar Open Computer shipped out for review. We're just getting it set up, but check out the unboxing below, and hit us up with anything you want to know in comments -- you know we're going to put this thing through its paces.

Update: We've done some preliminary testing and benchmarks, check 'em out.

Gallery: Psystar Open Computer unboxing

Filed under:

Psystar Open Computer unboxing and hands-on originally appeared on Engadget on Wed, 30 Apr 2008 12:24:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>featureshands onhands-onHandsOnopen computerOpenComputerpsystarunboxingWed, 30 Apr 2008 12:24:00 EST<![CDATA[Psystar says it's shipping Open Computers, anyone get a tracking number?]]>http://www.engadget.com/2008/04/21/psystar-says-its-shipping-open-computers-anyone-get-a-tracking/http://www.engadget.com/2008/04/21/psystar-says-its-shipping-open-computers-anyone-get-a-tracking/http://www.engadget.com/2008/04/21/psystar-says-its-shipping-open-computers-anyone-get-a-tracking/#commentsIt's been a pretty hectic few days for wannabe Mac cloner Psystar -- its former credit card processor shut off its account when it learned what it was trying to sell, no one could figure out the company's true address, and company president Rudy Pedraza still has the disconcerting habit of not answering any questions and promising to call everyone back with a formal statement that's never arrived. Still, the company posted up a blurb today saying it's gotten a new credit card processor and that Open Computers are now being shipped in the order purchases were made. Of course, Rudy's been promising us a test machine since day one, so we're curious to see if he follows through -- has anyone gotten a tracking number? Anyone have their credit cards charged? Let us know.

Read - Psystar: "Store up and running"
Read - News.com article about Psystar's former credit card processor
Read - ZDNet article on Psystar's address

Filed under:

Psystar says it's shipping Open Computers, anyone get a tracking number? originally appeared on Engadget on Mon, 21 Apr 2008 21:17:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>appleeulamac cloneMacCloneopen computeropen macOpenComputerOpenMacpsystarMon, 21 Apr 2008 21:17:00 EST<![CDATA[OSx86 Project not too happy with Psystar either]]>http://www.engadget.com/2008/04/16/osx86-project-not-too-happy-with-psystar-either/http://www.engadget.com/2008/04/16/osx86-project-not-too-happy-with-psystar-either/http://www.engadget.com/2008/04/16/osx86-project-not-too-happy-with-psystar-either/#commentsUh-oh, it looks like wannabe Mac clone maker Psystar has more than one licensing issue with the Open Computer: the company didn't get permission from developers working on the OSx86 Project to sell their work. Netkas, who developed the EFI emulator Psystar is using, posted up a blog entry yesterday calling Psystar "liars" and has re-released his code under a license that specifically forbids commercial usage. We chatted briefly with Netkas and he told us that not only did Psystar take his code without permission, it's using other code from the project like the NVInject graphics patch developed by Gotoh, and that he contacted Psystar when he learned about the Open Computer with no results. We also talked to several other members of the OSx86 scene who believe that Apple is tolerant of (and even subtly assisting) their efforts, and are worried that the Psystar flap might end that relationship and bring the hammer down -- after all, there's no Psystar without OSx86.

Interestingly, when we called Psystar to get comments on all of this, Rudy Pedraza, the president, first wanted to know if we could make Netkas call him, then denied using the EFI emulator, then repeatedly asked us for Netkas's phone number (in Russia!) so he could talk to him directly, and then finally promised to call us back. Yeah, he never called back. That's a lot of uncertainty around a pair of machines that haven't shipped from a company with two different addresses that's been in business for less than a year -- and Apple hasn't even gotten involved yet. At this point we're going to say that if you really want a hackintosh, you're likely better off rolling up your sleeves and building one yourself -- you'll probably have it done well before this whole mess gets sorted out.

Read - Netkas blog posting
Read - The Guardian "So exactly who or what is Psystar?"
Read - Psystar listing at the Florida State Department website

Filed under:

OSx86 Project not too happy with Psystar either originally appeared on Engadget on Wed, 16 Apr 2008 13:12:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>efinetkasopen computerOpenComputeros xos x 86OsXosx86psystarrudy pedrazaRudyPedrazaWed, 16 Apr 2008 13:12:00 EST