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Psystar's Mac clones all sold out
It didn't take long, but it seems that sometime in the night, following their agreement with Apple, Psystar has mysteriously run out of stock on all of their Mac clones. Apparently their settlement with Apple on the order of $2,000,000USD has caused them to accept defeat. Given that they only sold 768 clones over the course of the past two years, I don't imagine the inability to sell their hardware will have much of an impact on their financial statements. Down but not out, however, Psystar is still selling its Rebel EFI product which is used to circumvent OS X's EFI requirements for installation. In other words, it aims to make it dead simple to install Snow Leopard on any PC. Psystar's basis for continuing to sell Rebel EFI is that it was not included as part of the original case in San Francisco. Even though another major chapter in the Apple v. Psystar battle has come to a close, it looks like Apple has some more work to do in Florida in order to stamp out the Rebel fires and finally squash this little bug of a company. Remember that Psystar is suing Apple in its native state Florida and in this case the issue of Rebel's legality/legitimacy is likely to come up. Psystar may be circling the drain, but they're not done kicking yet.
Apple dings Psystar for $2.67m, round two heads to Florida
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.
Newcomer steps in to fill Mac clone "Quo"ta
Update: @JoeWilsonTV responded in the comments that Quo Computer is open (telephone number in his comment) and that they are taking orders in the store. The website is supposed to launch next Monday. Thanks Joe!It seems like it was only last week that Mac clone maker, Psystar filed for Chapter 11 bankruptcy protection. Oh, that WAS last week. Surely, this would be the end of US companies trying to unauthorized Mac clones, right? Right? Come on, this is America -- that would be too easy. In fact, it took just three days for the next would-be Mac clone retailer to appear.As CNET reported over the weekend, Quo Computer plans to sell its Mac clone offerings both online and in a retail store in Los Angeles. The retail store was set to open yesterday, June 1, 2009, but I was unable to locate a phone number for the store (and LA's directory assistance didn't have a listing). The website, though currently just a splash page, will apparently be ready sometime later this week. Apparently three models with OS X Leopard pre-installed will be offered, with pricing set to start below $900. According to CNET, Quo's founder, Rashantha De Silva, expects that Apple will sue Quo, just as they sued Psystar. Well, at least he isn't completely delusional. More below...
Quo Computer set to open Mac clone shop in California
Mac clone maker Psystar may have finally ran up against a wall, but it looks like its tale hasn't dissuaded upstart Quo Computer, which is now planning to open a retail store in the Los Angeles area that'll sell some as yet unspecified Mac clones. While that'll apparently be a relatively small operation initially, the company's founder, Rashantha De Silva, does seems to have some fairly grand plans for it, with him telling CNET News that they are "trying to stay as close to Apple as we can with our products," and that he hopes Apple "sees the value in what we are doing." Of course, that's about as likely to happen as Woz staying awake during a Palm talk, and De Silva isn't completely unrealistic about the situation, adding that they'll "probably" get sued. Nevertheless, the store is supposedly set to open on June 1st, and the company is apparently aiming to have pricing start at less than $900.
Psystar files for Chapter 11, tucks tail between legs
In the fight for the right to party sell unauthorized Mac clones, there may be a victor declared sooner rather than later -- if not legally, then fiscally. Psystar, which has been playing with fire for quite some time, recently hit a snag in its battle with Apple. The Mac Observer is reporting that Psystar has filed for bankruptcy in Florida on Thursday thereby slowing Apple's case against the Mac clone vendor. As TMO points out, this action seems to indicate that the financial supporters of Psystar are seeing the writing on the wall and believe Apple will likely be the victor in the legal battle for distribution rights of OS X-running Macintosh clones. One outcome of Psystar's decision to file Chapter 11 is that its equity creditors will be revealed, finally pulling the curtains off of the secret of who has the (possibly) deep pockets in Psystar's legal battle. Another outcome is that Apple's case against Psystar will be temporarily delayed as the bankruptcy proceedings require all other legal action involving Psystar to be put on hold. Currently Psystar is still selling its 'wares online, however, once the Federal judge presiding over the bankruptcy filing lifts the stay of legal actions, it is likely that Psystar will fold under the financial pressure. Psystar's chutzpah notwithstanding, the bankruptcy hearings are set to begin on June 5; stay tuned folks, this is still going to be messy. [via Twitter, a tip of the hat to @PaulKent!]
Psystar Open(3) manages to ship, gets unboxed by lucky customer
Take a good look at the box above, folks -- it just might be the first, the last and the only Open(3) you ever see. Psystar's latest Mac clone, which was launched right around a month ago, has miraculously managed to ship out (or, at least one has). If you'll recall, the company has been battling with Apple for months on end for selling OS X-equipped machines without Cupertino's blessing, but apparently it's still doing at least a bit of business under the table. Hit up the read link for a Flickr gallery full of this here slap in the face. It's good stuff, trust us.[Thanks, Mike]
Psystar pushes its luck, launches new Open (3) Mac clone desktop
Other Mac-cloners may know their time is limited, but good 'ol Psystar just keeps on forging straight ahead -- despite being locked in a nasty legal battle with Apple that could result in it getting shut down any second now. Ignoring that (sophisticated looking) elephant in the corner for a moment, the company has released its latest model, called the Open(3). It sports your choice of processors ranging from a 2.8GHz Core2Duo E7400 up to a 2.53GHz Core2Quad Q8200, up to 4GB of memory, 1TB of storage, a 6x Blu-ray burner, and graphics from an NVIDIA GeForce 9500GT, all packaged in a slim case that, while not quite up to Cupertino standards, certainly looks a fair bit more visually appealing than its previous black boxes. Prices start at just $599, but tick all those option buttons and you'll be looking at something closer to $2,000 -- a lot, but close to $1,000 less than a comparably spec'd Mac Pro. Get 'em while you can.[Via Pocket-lint]
German Mac cloners: "We know our product won't last long"
We knew the loophole in German contract law that would-be Mac cloners HyperMegaNet claimed exempted them from the OS X EULA was too good to be true, and it sounds like they do too: in an interview with the New York Times, owner Dirk Bloessl says that although he doesn't "fear Apple," all Cupertino needs to do to shut his PearC machines down is label the Leopard retail box "to be installed only on a Mac" or even just point out that the license is available on the Apple website. Until that happens, Dirk says he'll be selling his hackintoshes to anyone who wants "a fast machine, but does not need a good looking computer," even though he knows "the product does not have a long life time." That's certainly more reasonable than the increasingly wild-eyed defenses mounted by Psystar, but we've got a feeling Apple's German legal team is going to crack down just as hard.
German Mac clone company thinks Germany doesn't have laws
We're never going to get tired of the insane legal theories would-be Mac clone companies trot out to try and circumvent incredibly basic copyright and contract law concepts -- like Psystar claiming Apple has a monopoly on its own products -- and today we've got German cloners HyperMeganet, who'll sell you a 3.2GHz Core i7 Blu-ray-equipped PearC tower with Mac OS X preinstalled for €2,408 ($3,111). According to the wonderfully-named Hypermeganet, German law requires EULAs to be available for review before purchase, so Apple can't enforce its license restrictions since the Mac OS X EULA isn't printed on the outside of the box. Leaving aside the fact that the OS X installer displays the EULA on-screen and that you have to click "Agree" before installing, we'd just like to point out that all of Apple's license agreements are available for your leisurely perusal before purchase right here -- including the German OS X license, which we're damn sure Apple's foreign counsel has made sure is valid and applicable in that country. Oops. We'll see how long Hypermeganet can keep itself out of trouble -- seriously, when will these companies learn that all they're doing is hurting the homebrew OS X hacking scene by tempting Apple into locking down their systems even harder?[Via TUAW]Read - Spiegel Online article about PearCRead - PearC website
Psystar's lawyers take another hit, say Apple didn't copyright OS X
It's official -- Psystar's "hotshot law firm" of Carr and Ferrell is desperate. Their latest brief on behalf of the wannabe Mac clonemaker says that Apple's copyright infringement and DMCA claims against Psystar are invalid because Steve and Co. improperly registered the copyright to OS X. Yes, that's right: Psystar's arguing that the most protective and litigious computer maker on the planet didn't take the time to properly register the copyright to its flagship product. If that sounds insane, it's because it is: we found registrations for every major version of OS X, dating from 2001, in about five seconds of searching. Seriously, if an argument this simple was a winner you'd think we'd have heard about it from the get-go, instead of Psystar's dubious, immediately-dismissed antitrust claims. We have no idea who's approving or paying for these flailing tactics, but firms like Carr and Ferrell don't risk their reputations on ridiculous arguments like this for free -- maybe there's something to that crazy "secret backer" conspiracy theory after all. [Via AppleInsider] Read - Psystar claims Apple didn't register the copyright in OS X Read - Apple's OS X 10.5 copyright registration Read - Apple's original OS X copyright registration
EFi-X shuts down EFi-X USA, says it doesn't support Mac clones
The Mac cloning soap opera just keeps taking crazy twists and turns -- Art Studios Entertainment, makers of the EFi-X dongle, have shut down EFi-X USA's plans to sell "Millennium" machines capable of running OS X just hours after they were announced. ASE CEO Davide Rutigliano sent us a statement saying that EFi-X USA was misinterpreting ASE's EFi-X certification program, that ASE will "NEVER sell machines or condone the sale of machines that compete with any brand," and that he personally ordered the project abandoned. Indeed, a visit to EFi-X USA's page confirms that the machines have been killed, although we're unsure what the terse statement "EFi-X USA LLC fights the clones and the clonemakers" is supposed to mean. All part of another strange chapter in the Hackintosh saga, we suppose. Check ASE's full statement after the break.[Via Tom's Hardware]
EFi-X USA decides to tempt Apple's lawyers, will start shipping OS X-capable machines
We've always been intrigued by the EFI-X dongle that fools OS X into running on stock Intel machines, Software Update and all, and now it looks like the company a company called EFi-X USA is taking things one step further -- it's planning on shipping pre-built machines capable of running Apple's OS. The EFi-X Millennium 4 will sport an overclocked 3.8GHz Core 2 Quad, 4GB of RAM, and a GeForce 8800 GTS graphics card in an Antec P180 case, all for $1,899 plus the $199 EFi-X dongle. The idea is to avoid any Psystar-style legal troubles by leaving the purchase and installation of OS X up to the end user, but apparently no one at EFi-X USA has talked to a lawyer or even read our previous posts on the matter, since Apple's lawsuit against Psystar turns as much on contributory and induced copyright infringement as it does on Psystar's direct violation of Apple's OS X EULA. In other words, it's illegal to sell a product expressly designed to allow customers to infringe copyrights -- a principle Napster and Grokster made famous, you'll recall. Plus we're pretty certain there's a DMCA argument in there since the EFi-X dongle circumvents Apple's protections on OS X -- the validity of which Psystar is actually testing in its revised countersuit. We'll see how it goes -- we're seriously worried that these companies are doing far more harm to the OSx86 scene than good.P.S.- Oh, and honestly, Apple, if you want this entire headache to go away, all you have to do is produce a reasonably-priced, configurable midrange tower. Think about it.Update: We've just been pinged by the original EFi-X team, who tell us that EFi-X USA has nothing to do with them, that they have no plans to sell actual machines, and that they strongly disapprove of EFi-X USA. Shades of Psystar's use of netkas's work on OSx86 without permission, we'd say -- shady shady.[Thanks, Mark]
Psystar drops antitrust argument against Apple, throws copyright abuse at the wall
Oh, Psystar. Fresh from the court's smackdown of its antitrust claims against Apple, the wannabe Mac cloner has amended its lawsuit to ditch that argument and instead allege that Steve-o is committing the sin of copyright abuse by not letting it sell OS X compatible machines. Yes, copyright abuse. The little-known doctrine is generally used by by those being sued for copyright infringement as a defense, and Psystar's now questionably hotshot legal team is essentially throwing a Hail Mary by arguing that Apple's EULA is anticompetitive because it relies on the power of copyright law to restrict the use of OS X to Apple's machines. If you're thinking to yourself, "But imposing conditions on a licensee is exactly the sort of power granted to a copyright owner!" congratulations -- you have incredibly boring thoughts. You're also exactly correct -- we don't see this argument getting any farther than the antitrust one did. Honestly, at this point we're pretty certain Psystar is hurting the OSx86 movement way more than it's helping -- Apple's started making noise like it's coming after the hackers who make it possible, and that's the last thing we want to have happen. Maybe stop tickling the dragon, guys?P.S.- The PDF of the new counterclaim is an entertaining read -- the law students out there might want to read it as reassurance they'll eventually be paid the big bucks to spew out some deep crazy.
OpeniMac offers cut-rate, aesthetically challenged Apple clones direct from Argentina
After seeing how well Psystar did with its Open Computer, we think we'll just build our own Hackintosh rather than jump into this OpeniMac we've recently been hepped to. But who knows? Maybe you've been dying to send your hard earned money down to some shady Argentinean characters. In that case, this 2.53GHz machine should be right up your alley. Selling for $990 (or $1,330 with an LG 19-inch monitor), the base unit ships with 2GB memory, 320GB storage, and a 256MB ATI Radeon HD PRO. If you've got deep pockets, $1,710 will get you the OpeniMacPRO, a 3.0GHz machine with a 20-inch widescreen monitor and 4GB RAM. But seriously -- who knows where the money goes? And who knows whether you'll ever see the machine? One thing is for certain, however -- this case is as ugly as sin.[Thanks, Santiago]
Psystar's antitrust claims against Apple dismissed
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]
Possible Psystar Mac laptop clone in the works
It 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.
Psystar slaps Apple around, releases Mac clones with Blu-ray / GeForce 9800GT
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]
Open Tech selling self for $50k. That went well.
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]
Psystar says it is "definitely still shipping" its Mac clones
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.
Open Tech's "Mac clone" demonstrates a firm misunderstanding of the law
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.
