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.

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]

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.

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.

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]

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]

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]

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:

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.

It'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

Uh-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

So the rumors swirling around would-be Mac clone maker Psystar are getting pretty wild out there -- we've heard everything from "Apple has shut the company down" to "Psystar is going to challenge Apple's EULA in court" in the vacuum following the company's site meltdown yesterday. That's a big spread, so we hit up Psystar's president Rudy Pedraza for some answers. Rudy was relatively cagey on the phone, refusing to answer any questions about Apple's EULA or copyrights -- or even confirm if Apple has talked with the company -- but he told us that he's got a "team" of people working on an official response and that the Open Computer (and the new quad-core Open Pro, pictured above) are still for sale. What's more, he told us that "a few" orders placed before yesterday's flood of interest have shipped, which means we're curious to see if any of these early adopters actually surface in the next few days. Rudy also told us that Psystar isn't out to infringe any copyrights or trademarks (really?), and that he has no idea how Information Week got a quote from someone named "Robert" indicating that the company was going to challenge Apple's EULA in court. Sure thing. Rudy promised us a machine either today or tomorrow, we'll see what happens -- honestly, it seems like things are chaos at Psystar's HQ in Miami right now.

P.S. -Remember MGM v. Grokster? In that case the Supreme Court ruled that a company that based its business around the knowing copyright infringement of customers was still liable, even if it didn't infringe directly. Kinda shoots a hole in the "just don't pre-install Leopard" theory, no?

Read - Psystar Open Pro
Read - Information Week ("Psystar vows to challenge Apple EULA")
Read - DailyTech: ("Apple Kills Psystar's $399 Mac")

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

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

If you're not brave enough to OSx86 your own PC, psystar will sell you its OpenMac clone for $400. For that price you get 2.2GHz Core 2 Duo E4500 processor, 2GB of memory, integrated GMA 950 graphics, 250GB disk and 20x DVD burner. Add another $155 and they'll even install Leopard on the non-Apple kit with the help of an EFI V8 emulator. Even at $555 it's still a spec-for-spec bargain compared to the Mac mini (albeit without the mini dimensions). If interested you'd better snap one up quick. Jobs, you'll recall, put a swift end to official Mac-clone licensing when he resumed power at Apple. No reason to think that he (or his lawyers) feel any differently now.

[Thanks, Roberto]