psystar
Latest
Psystar releases Open(3), plays with fire
Say, just for the sake of argument, that you're Psystar. You've been served by Apple for selling (they claim) illegal clones of their machines, and selling their OS (which you claim isn't even copyrighted) on illegitimate hardware. Sure, you've won a minor victory in the battle, but generally, the opinion is that you're a dead company walking -- when a company like Apple not only has it out for you but has pretty legit claims to back themselves up, you could be said to be in trouble. And so, what do you do?Well if you are Psystar, you apparently release more computers. Determined to stick it to Apple as hard as they possibly can before they're legally wiped off the map, Psystar has announced the release of the Open(3), a desktop running OS X and packing up to a 2.53GHz Core2Quad Q8200 processor, up to 4GB of RAM and 1TB of storage, and all of the other usual options you'd want on a machine like this (6x Blu-ray burner, GeForce 9500GT). Technically, the box starts at $599, but as Engagdet notes, even if you max it out to around $2000, you're still paying less than an equivalent Mac Pro.This is pretty much the computer retail equivalent of Bugs Bunny kissing the hunter. We can imagine Apple's lawyers steaming from the ears at this point -- here's hoping Psystar gets to have their fun while they can.
Psystar 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]
App Store facing competition from jailbreak app sales?
While we're pondering the consequences of RIM announcing that programs in the Blackberry "App World" must be at least $2.99US, there are alternatives to the iTunes App Store emerging from the jailbreak side of the iPhone world. The Wall Street Journal reports that Cydia is making the transition from package repository to a full app store. There are also plans for an adult-only app store and a new jailbreak service.The big question at the moment is how will Apple take this? Apple filed a complaint with the US Copyright Office last month claiming that jailbreaking is illegal. They're not going to take firing a direct salvo at the App Store itself lightly. There is competition for the iTunes Music Store, but Apple could argue that the homegrown app stores infringe on its copyright by using modified versions of its software.It's not a huge shock that App Store competition is popping up; the only surprise is that it took this long to happen. After all, developers are frustrated that excellent programs such as Podcaster are passed up in favor of the latest, greatest novelty app -- then to make matters worse, those same features turned up in an official iPhone update. While there are a lot of really terrible apps out there that have no place on the App Store -- I won't even begin to tell you about one adult app pitched to TUAW, we do want to remain a mostly family-friendly site -- there are a lot of good software that get turned down because of Apple's stringent developer's agreement. These developers want an avenue to distribute their programs, and homegrown app stores are one answer. Cydia's Jay Freeman told the WSJ that he has lined up a lawyer in case Apple comes knocking at the door. He may also want to get in touch with the team that represents Psystar ... just in case.[via Engadget]
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.
Psystar wins a battle, legal war just getting started
Previously in the Apple-Psystar legal battle, the clone maker amended its countersuit to charge that Apple was unfairly leveraging its copyright by binding Mac OS X to Mac hardware. On Friday, the federal judge assigned to the case ruled that the amendment will be heard by the court, a small victory for Psystar. It's something of a reversal for the company, since they had federal antitrust allegations thrown out in November. Similarly, Psystar's assertion that Apple is in violation of California's antitrust laws was thrown out Friday as well. Judge William Alsup said, "Psystar may well have a legitimate interest in establishing misuse [of copyright] independent of Apple's claims against it -- for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop." This isn't to say that the judge necessarily agrees with Psystar's point, but just that it's legally reasonable enough to be argued in court. Apple has also not yet revealed its 10 "John Doe" defendants: alleged conspirators who worked on Psystar's technique for loading Mac OS X on non-Apple hardware. The case will decide whether or not Apple can disallow other hardware makers -- including Psystar -- from including Mac OS X on computers shipped to end users. Last week, a company in Germany claimed that Mac OS X's End User License Agreement didn't apply to them, and is selling Mac clones to customers. The case is scheduled to go to trial on November 9. [Via Macworld.]
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 PearCRead - PearC website
German Mac clone maker claims it won't face Psystar's legal troubles
Matthias Kremp, of German periodical Der Spiegel, has an interesting story about PearC, "Der PC mit Mac OS X." You don't need Google Translate to figure out what that means, though a mechanical translation of the story is available here. PearC is offering three flavors of Mac clones in Germany, starting at €499. All of the options are built to order: The Starter edition can be equipped with anything from an Intel Pentium Dual Core E2200 to a Core 2 Duo E7300. The Professional version, though, starts at €1,499, and can be powered by a 3.2GHz Intel Core i7 Extreme processor for an extra €720 -- a processor that Apple does not offer. PearC also offers Blu-Ray optical drives as an option. All come with the option to install Mac OS X. Kremp notes that PearC's parent company, Hypermeganet, says that since the End User License Agreement (EULA) is sealed inside retail copies of Mac OS X, there's no legal way to review the EULA. If you'll pardon the bad translation, "the restrictions that Apple [has] for its Mac OS X in the EULA [...] in Germany [has] no legal explanation," said Hypermeganet spokesman Dirk Blößl. "Hypermeganet assumes, therefore, that the product (meaning the Mac clone) in Germany is legal," he says. Similarly, Psystar, possibly bankrolled by a larger PC clone maker, is defending itself now against charges that it violated Apple's EULA by selling clones with Mac OS X. That dispute is ongoing. Apple did not return Spiegel Online's request for comment. However, Kremp concluded by suggesting "one may probably assume" that Apple will pursue legal action against the clone maker. Thanks, Hauke, Holger and Martin!
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 continues to be stubborn
Psystar, as you may remember, is the computer company that has begun selling computers with Mac OS X Leopard pre-installed. Of course, they drew the attention of Apple legal right away, but that only caused them to further dig in their heels. Last month, they challenged Apple's claim to the copyright of Mac OS X, claiming that Apple never registered Mac OS X with the U.S. Copyright Office.Previously, Judge William Alsup had dismissed federal antitrust claims, which only prompted Psystar to amend its countersuit with all new claims. Now, they're trying yet another angle. Psystar is claiming the first sale doctrine. Similar to the right you have to buy a book and re-sell it, Psystar says that since they bought legit, retail copies of Mac OS X from Apple and installed them on their computers, they're in the clear. If they want to then sell those computers, that's fine and dandy. Unfortunately for them, they also bought shrinkwrap EULA's which impose license conditions. They don't "own" the software.Everything else aside, this seems like an awful amount of time, effort and expense just to sell computers. There are less difficult ways to sell Mac OS computers, folks. At this point, you're just being stubborn, Psystar. Let it go.Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X pre-installed. In June, they released rack-mount servers with Leopard Server pre-installed in both 1U (starting $1599) and 2U (starting $1999) configurations.Update: It seems that Psystar has included claims to the first sale doctrine, as some of our readers have pointed out, for a while now. However, we don't feel that it's a "linchpin" of the case -- first-sale hasn't been rejected by the court. More on this seemingly unending story as it develops. Thanks to Alex at World of Apple for the heads-up.
Psystar bizarrely claims Apple doesn't own copyright for Mac OS X
In what might be the most outlandish claim yet to surface in the case, Psystar now claims that Apple never registered Mac OS X with the U.S. Copyright Office, rendering its copyright invalid, according to InformationWeek. Note that registration isn't a condition of protection, but it is a condition of certain types of infringement actions and damages. Psystar argues, thus, that since Apple doesn't own the copyright, there's no way for Apple to enforce its claims that Psystar violated its copyright. The claim was filed in U.S. District Court last week. Although copyright registration number TX0005401457 describes a "computer program" named Mac OS X, it's unclear how Psystar argues this isn't the copyright Apple owns on its operating system. Moreover, contrary to what Psystar appears to argue, copyright is secured automatically in the United States when the work is created, and registration is not a condition of copyright protection (although it can help in fighting infringement). Our Engadget colleague Nilay Patel sums up this latest Psystar legal stratagem as "desperate." Plus, you can file suit while registration is pending, so even if there was some technical defect in the Mac OS X registration, Apple could fix it while pursuing its lawsuit. If this long shot claim were true, it could undermine Apple's ability to restrict third parties from selling generic clones that run Mac OS X. The back-and-forth arguments are part of a lawsuit Apple originally brought against Psystar for selling Mac OS X with its clones, allegedly in violation of Apple's license agreement. According to InformationWeek, Apple now suspects that a larger company interested in selling Mac OS X-compatible computers is bankrolling Psystar's legal battle. [Via Engadget.]
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 among latest to sell OS X capable machines
Update: The EFi-X development team contacted Engadget to report that they have nothing to do with "EFi-X USA" and they do not approve of this effort to sell Mac OS X-compatible machines. Classy!Update #2 (6 p.m. ET): EFi-X has let Engadget know that it is shutting down EFi-X USA's plans to sell the Millennium machine, stating it refuses to support systems that would directly compete with any brand.Engadget has reported that EFi-X USA is among the latest companies to announce that they will sell OS X capable machines targeted at high-end users. EFi-X is already known for selling a dongle, shown at right, that allows certain Intel machines to run OS X.According to the Engadget post, the EFi-X Millennium 4 will contain the following: An overclocked 3.8GHz Core 2 Quad 4GB of RAM A GeForce 8800 GTS graphics card in an Antec P180 case The dongle that fools your machine into installing OS X The kit itself will cost $1,899USD while the dongle is $199USD. According to Apple Insider, the US version of the EFi-X site will publish purchase details on Monday. This announcement comes days after Argentina-based OpeniMac announced that it would begin selling Mac clones. Of course, there is still that small case with Psystar still going on. [Via Engadget]
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.
With new claims, Psystar tries another angle
You have to admire Psystar's tenacity. Since Judge William Alsup's decision to disallow federal antitrust claims against Apple in Psystar's countersuit, Psystar is amending its countersuit, alleging the misuse of copyright based on different antitrust claims. It boggles the mind. Apple is already suing Psystar, of course, claiming that they are violating Mac OS X's End User License Agreement (EULA). Psystar, in its new set of counterclaims, says that Apple is improperly extending the scope of copyright law to include its argument that Psystar broke the EULA. Psystar claims that -- while admitting that it can't make arguments based on federal antitrust law -- Apple has "leveraged" the power granted them by the Copyright Act and extended it to lock in users post-sale. This, Psystar says, is unlawfully monopolistic, and makes Apple's copyrights unenforceable. Psystar is also seeking to prove that Apple's behavior is illegal under California's unfair competition statute. The judge will decide in January if the new claims can be argued in court. [Via Ars Technica.]
OpeniMac is now selling Mac clones
The thing about clones is, they keep regenerating. The latest manufacturer we've noticed, Argentina-based OpeniMac, has begun selling Mac clones. As if using the word "iMac" wasn't adequate bait for Apple's lawyers, who are probably en route at this very moment, OpeniMac has begun selling two computers that run Mac OS X Leopard. The OpeniMac features a 2.53GHz Core 2 Duo processor, support for 2GB of RAM, a 320GB SATA drive, SuperDrive and an ATI Radeon HD PRO video card for $990US. The OpeniMac PRO sports a 3.0GHz Core 2 Duo processor, support for 4GB of memory, a 500GB SATAII drive, a SuperDrive, and a Nvidia GeForce GS video card for $1,710US. But wait, there's more! They both come with a built in 6-in-1 memory card reader. As for their looks ... no one said clones had to be pretty. While the Psystar case waits in legal limbo, it would seem that opportunists are jumping on the bandwagon. Begun, this clone war has. [Via Engadget]
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]
Apple: Psystar clones part of a larger conspiracy
Earlier this year, manufacturer Psystar began selling computers capable of running Mac OS X Leopard. They've gotten the Mac community's attention, and Apple's. Of course, Psystar found themselves involved with Apple legal shortly after their announcement. That was no surprise, but this week's news kind of is.Apple is claiming that Psystar is part of a larger group of individuals or corporations. Here's a quote from the recently amended claim:"...persons other than Psystar are involved in Psystar's unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as ... the "John Doe Defendants"...Apple will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained."Yikes. What does make sense in light of this accusation, if proven to be true, is Psystar's apparent brashness. When faced with an opponent as high-profile and well-funded as Apple, they've continued to sell machines. Either they're crazy or they've got some serious backbone. We shall see.[Via World Of Apple]
Apple amends Psystar complaint, says someone's behind the curtain
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]
