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Mac clone maker vows to fight Apple's EULA in Court

updated 12:45 am EDT, Tue April 15, 2008

Clone maker to fight Apple

The Miami-based Mac clone vendor Psystar says that Apple's restrictive licensing terms violate US antitrust laws and wants to fight the Cupertino-based company in xourt. Psystar's cheap Mac alternative, which hit the Web on Monday and brought down the company's Website, costs about $399, but when run with Mac OS X Leopard represents a direct violation of Apple's end-user license agreement, which forbids third-party installations of Leopard, according to InformationWeek. A Psystar employee told the publication that they believe Apple's terms violate U.S. monopoly laws. "What if Microsoft said you could only install Windows on Dell computers?" the employee said. He also claimed that the company would continue sell the OpenMac system, despite the apparent violation of Apple's EULA.

The employee emphasized that "Apple grossly overcharges for the hardware on which its operating systems, including Leopard, come preinstalled, claiming that Apple charges an 80 percent markup on hardware. He also argued that Apple's prohibition against third-party installations may not hold up in court: "What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?" the employee, who only identified himself as "Robert", said in a brief phone interview.

The $400 Mac clone, based around a 2.2GHz Intel Core 2 Duo with integrated Intel GMA 950 graphics, will be compatible with Leopard (Mac OS X 10.5). The company says it will pre-install the OS and include a special restoration disc, alongside the genuine installation disc.

by MacNN Staff



  1. Guest

    Joined: Dec 1969



    The comment regarding Honda should be... if you change the engine in your Honda car it voids the Honda warranty!

    Or... if you use the engine software (that Honda designed) in another manufactures car (and sell it) their lawyers will be contacting you!

  1. rvhernandez

    Joined: Dec 1969


    Microsoft analogy flawed

    Can people employed by Psystar really be this stupid?Apple makes both SW & HW. They have a right to limit their use. MS doesn't make Windows HW, so the analogy is flawed.

    Try this: Microsoft and Sony don't allow their game box's software to run on any other hardware. Is that against the law as well? If so, I'll start my own PS3/XBox clone company right now!

  1. ViktorCode

    Joined: Dec 1969


    another analogy

    How about "Imagine, if Apple said that the DRMed music you purchase in iTunes store and HD Movies you rent there required Apple hardware to play?" Oh, well.

  1. bsaxton

    Joined: Dec 1969


    Xourt vs. Court

    Really, xourt and court are two different things. While Psystar may have a chance in xourt, I'm pretty sure Apple would win in court.

  1. Peter Bonte

    Joined: Dec 1969


    PS2 emulators

    Emulating gameconsole software on PC's is exactly the same and is practiced for years now. Connectix's won in court over a PS2 emulator for the Mac and Sony had to buy the company to stop them. The ULA is not the the law, it only represents the companies' vision on the law.

    The EFI emulator and some additional drivers just make it compatible with osX and this is most certainly not illegal. Selling it preinstalled with osX (and a backup disk) is something different, the courts will have to decide on this.

  1. Miniryu

    Joined: Dec 1969


    hurry... buy NOW!

    If one happens to be in the market for a cheap Apple computer (I'm thinking low income families), now would be the time to grab the clone before it gets pulled from the market. Because it will get pulled.

  1. ZinkDifferent

    Joined: Dec 1969



    This ought to be entertaining... albeit short lived.

  1. Guest

    Joined: Dec 1969



    apple uses S***** hardware and marks up the price til your a*** hurts... they are stupid and need a dose of new earth medicine, 3-tier system designs cannot be sustained by the smarts of entrepreneurs like myself. hehe!

    Apple, they should finally be put in their place, controlling people with glitzy marketing and conniving ways.... GENIUS BAR, stupid I say. Money down the toilet with apple. No gives a c*** about laws in the new world of the consumer choices, people will get their way this time around.... consumer vigalantes are on the rise!!! YAY!!!

    The movement continues!.... k back to the hipocracy ;)

  1. Will53

    Joined: Dec 1969


    low income

    There are not only low income families but countries in which the income is much lower on the average than in the US. I have the impression that Appleʼs pricing is very much US-centered and then, when their products are sold outside US, they are even priced higher dure to local taxes and greed, too, to some extent. This is why the global market share lags so much behind that of the US. I donʼt know how much they are aware of this in Cupertino, or rather, how much they really want to do something about it. Anyhow, this is interesting as it at least might force Apple to think again when it comes to a desktop machine which places itself between the Mini in specs, and the Pro. Their idea might be that the future is with laptops and if they are fixed on an idea, they are not much for listening to customers, alas, for good and for bad. Still, isnʼt it the OS, first and last? Yes, the road to success for them has been to have control over both the soft- and the hardware, but what happens if the global market share reaches the same as in the US? Would it be possible to maintain the high level of quality then? Must it not come to a point when they need to allow the OS to be installed on other PCs? The interesting question is what strategy they have for such a situation. I am convinced that they have one - at least one...

  1. skotmiller

    Joined: Dec 1969



    How about "Imagine, if the record industry and followed EMI ad dropped DRM, so said unDRMed music that you purchase in iTunes store will work on non Apple hardware" Oh, well, thats greedy record executives for you.

    Fixed that for you.

    A reminder on Steve Jobs thoughts on DRM in case you forgot:

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