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Apple files suit against Mac cloners

updated 12:10 pm EDT, Tue July 15, 2008

Apple sues Psystar

Apple has begun legal proceedings against Psystar, documents confirm. The suit is actually noted to have been filed on July 3rd, through the US District Court for the Northern District of California. Both Apple and Psystar have generally remained quiet on the issue, however, leaving discovery of the information to investigation.

The suit accuses Psystar of license, copyright and trademark infringement, as a result of selling its $400 OpenMac computer. The system uses cheaper, standard PC parts to run Mac OS X, but Apple's licensing terms strictly forbid installing the OS on non-Apple hardware. Psystar has remained defiant, in fact challenging Apple to file suit with the belief that the latter is violating antitrust protections. "What if Microsoft said you could only install Windows on Dell computers?" one Psystar employee is said to have commented.

The lawsuit was issued shortly after Psystar began distributing a modified version of the Mac OS X 10.5.4 update.

by MacNN Staff

(40)

TAGS :

computers, Mac OS X, lawsuits, Psystar, Apple

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Guest
Fresh-Faced Recruit

Joined: Nov 1999

+2

07/15, 12:21pm | report spam | close Reply |
buh-bye Psystar

If Microsoft and Dell had an exclusive licensing agreement then Dell would be pissed.

They don't so Psystar hasn't got a leg to stand on. Down they go. It was only a matter of time and I'm surprised it took this long.

manleycreative
Fresh-Faced Recruit

Joined: Sep 2005

-4

07/15, 12:23pm | report spam | close Reply |
This just in...

...Psystar decides to return to its email spamming business while offering its customer base $1,000,000 checks that they only have to "SIMPLY DEPOSIT TO YOUR ACCOUNT RIGHT NOW!".

manleycreative
Fresh-Faced Recruit

Joined: Sep 2005

-4

07/15, 12:25pm | report spam | close Reply |
This just in...

This is rich: "What if Microsoft said you could only install Windows on Dell computers?"

Wow, imagine a company running their product only on their product.

People do ya hear me, we need Hope and Change right now! This free market thing has run it's course. We need government intervention!

jhawk95
Fresh-Faced Recruit

Joined: Oct 2006

+2

07/15, 12:27pm | report spam | close Reply |
Ridiculous

"What if Microsoft said you could only install Windows on Dell computers?" one Psystar employee is said to have commented.
"

What idiots at Psystar!

The difference is that Apple does not license their OS to run on ANY other computer but their own. And they have the right to do just that.

Psystar is toast now. Goodbye. They deserve this and it should have came a lot sooner. Go make your own product and stop trying to profit from Apple's incredible innovations.

eldarkus
Fresh-Faced Recruit

Joined: Feb 2004

+7

07/15, 12:31pm | report spam | close Reply |
well..

if Microsoft had that in their EULA, then it could only be installed on a Dell ;)

noza
Fresh-Faced Recruit

Joined: Dec 2007

+3

07/15, 12:36pm | report spam | close Reply |
finally

Bye-bye Psystar! Nice knowin' ya...

Chris Hutcheson
Fresh-Faced Recruit

Joined: Oct 2000

+3

07/15, 12:49pm | report spam | (1 reply) close Reply |
The final word(s)?

Current response on the Psystar Website - "Database Error: Unable to connect to the database:Could not connect to MySQL"

testudo
Fresh-Faced Recruit

Joined: Aug 2001

-5

07/15, 12:55pm | report spam | (1 reply) close Reply |
oooh

The EULA says you can't do it?? Well, then that's that, I guess. Because we know we all believe in the full legality of EULAs.

Now, they would get blasted on trademark infringement regarding 'openMac', but that was changed, so I doubt it would be a court killer.

jpellino
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Joined: Oct 1999

+2

07/15, 12:59pm | report spam | close Reply |
what world are they in

specialized bike stuff is only sold in certified stores and not by mail order. it's their choice. nothing antitrust about it. same here.

testudo
Fresh-Faced Recruit

Joined: Aug 2001

-8

07/15, 01:00pm | report spam | (1 reply) close Reply |
CA

Since the company is in FL, shouldn't they be sued in FL? Or is this where you sue them wherever you can (or, in the case of some suits, wherever they think they can get the best decision in their favor).

Guest
Fresh-Faced Recruit

Joined: Nov 1999

-7

07/15, 01:01pm | report spam | close Reply |
Re: The final word(s)?

They must be running OSX :)

dliup
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Joined: Jan 2006

-1

07/15, 01:01pm | report spam | (1 reply) close Reply |
re: manleycreative

OMG, I can't run wii games on playstation. We need govt intervention!

I want a Mercedes but I only want to pay Hugo prices...

OMG my life is ruined. lol.

codecat
Fresh-Faced Recruit

Joined: Jul 2008

-12

07/15, 01:12pm | report spam | (1 reply) close Reply |
Go Psystar!

You should really rally behind a company like Psystar. Unless, of course you are such a fan of Apple that you are blinded by their monopoly.

Yes, I said it. Monopoly. Apple hardware and software, iTunes, iPhone, iPod.

Go Psystar...do it for Power Computing and the other Mac Clones that Steve decided to put under.

climacs
Fresh-Faced Recruit

Joined: Sep 2001

+1

07/15, 01:14pm | report spam | close Reply |
and the prize for

dumbest MacNN comment of the day goes to codecat.

sticking up for Power Computing? Wow.

poolmouse
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Joined: Mar 2004

+3

07/15, 01:27pm | report spam | close Reply |
It's about time

The LAST thing Apple (or Apple users) need is a cheezy, unsupported and ILLEGAL clone giving OSX a bad name. Bye bye Psystar - don't let the doorknob hit you on the way out.

Don Montalvo, NYC

Monstermind
Junior Member

Joined: May 2000

-5

07/15, 01:57pm | report spam | close Reply |
Why sue them, Jobbsy?

Unlike Apple, Psystar's actually interested in putting out new desktops instead of trend-toy telephones.

emark
Forum Regular

Joined: Feb 2001

+3

07/15, 02:09pm | report spam | close Reply |
not so fast

It's just not as simple as you'd like to think. Apple may choose to put the terms in the EULA, but that doesn't mean that those desires / terms will stand up in court.

For example, a medical device manufacturer used to specify that to use it's high speed rotary-dissection tool, one must use their cutting tool disposables (blades/cutting tips)...this was thrown out as invalid when it went to court.

I think at worst, even if Apple's EULA terms are held up in court as OK, there would be nothing stopping Psystar from putting together the OSX86 compatible machines and selling them with careful marketing, sans the OS. Then let consumers of these machines do the installs, which aren't that painful anymore.

Guest
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Joined: Nov 1999

0

07/15, 02:15pm | report spam | close Reply |
EULA?

Why would an "end user" license agreement have any impact whatsoever on a manufacturer. The hardware manufacture is not the "end user", is it?

Anyway, I thought the suit against M$ was bogus too. They should have called Mr. Jobs to the witness stand.

Lawyer: "Tell me Mr. Jobs, is it your contention that consumers have no viable option but to purchase a Windows machine? Is that your position?"

Jobs: "Er, well..."

chadpengar
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Joined: Oct 2001

+7

07/15, 02:15pm | report spam | close Reply |
Apple is in Cali

The case was in FEDERAL court. Since Apple is in CA, that is where the suit was brought. No surprises.

I once sued Compaq in my local small claims court in NH. They had to send their lawyer up from Mass (since they had bought DEC, they had substantial forces in Mass). Once there, the judge asked for the original Compaq person who sent me the original offer I was suing them for breaching to appear since he did not understand what they had written either. That person was in TX. Judge postponed the hearing for 1 month to give that person time to appear. Compaq then settled out of court. It was not in their interest to pay for the person from TX to show up in NH in small claims court.

moral of the story: 1) plaintiff files where it is convenient for them 2) small claims court allows the small guy to get justice against these big companies who abuse their customers

jameshays
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Joined: Mar 2003

+5

07/15, 02:16pm | report spam | (1 reply) close Reply |
Microsoft and Dell

If Microsoft and Dell had a license agreement, you could get a Dell running windows. If you wanted an HP, you may get an HP running HP-UX. If you wanted a NeXT box, you'd run the NeXT OS. If you wanted a Mac, you'd run the Mac OS.

What if you wanted an iPhone, but wanted to have a tMobile contract? Well, you're SOL.

This isn't anti-trust, this is business. I have the right to sell and partner with anyone I choose, same as I have the right to buy from who I choose based on their product and services. We live in a free society. Quit trying to change it.

robttwo
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Joined: Nov 2005

+2

07/15, 02:49pm | report spam | close Reply |
jackasses

When will all of you dumbasses realize that Macs are not hardware AND software -- they are ONE PRODUCT, not 2 separate pieces.. That is why they run so well, are easy to set up and maintain, and dont take 3 hours to install a simple driver. I fail to understand why that is SO hard for people to understand. OSX runs on Macs, and Macs run OSX (or anything else). You may not like it that way while you m********* with your PC - but that is the way it is. Superior approach, superior design.

Doofuses.

Mr. Strat
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Joined: Jan 2002

+4

07/15, 03:34pm | report spam | close Reply |
So what's the loss?

Psystar is just some jack-off outfit trying to make a buck by stealing someone else's product. Let 'em go down the toilet.

emark
Forum Regular

Joined: Feb 2001

-7

07/15, 03:38pm | report spam | (1 reply) close Reply |
Ace Hardware's Hammer EUL

effective immediately:

Ace Hardware's Hammer's are only to be used to drive Ace Hardware's Premium Nails. The Premium Hammer Plus (with included Nail Claw technology) shall be the only hammer used for removal of Ace's Nails. Failure to comply with these terms is in violation of Ace's EULA.

Warning, driving nails other than Ace Hardware's Premium Nails may result in damages to the Hammer or the user that Ace is not liable...

Seriously, I can see if they won't SUPPORT installation on other hardware, but to say you can't is going to be the real tricky point.

Further, even if Apple is successful prohibiting sale of "os x" installed on 3rd party hardware, there will still be room for Psystar, or any other enterprising individual, to put together hardware that is known to work OS X (see wiki OSX86) and sell it, and just let the end users do the install which by now is pretty easy.

jondesu
Fresh-Faced Recruit

Joined: May 2008

+7

07/15, 04:16pm | report spam | (1 reply) close Reply |
emark

emark, Apple isn't prohibiting the installation of OS X on these computers. The law prohibits distribution, without permission, of a modified version of someone else's property, such as an operating system. You can feel free to go grab any hardware you want and install OS X on it. It won't be easy, but it can be done. You can't get support, but Apple won't stop you from doing it. If you try to sell that modified version of OS X you've created though, then you've got a problem.

Then again, if you'd bothered to read any other posts, you'd know that, so this is probably wasted effort.

Guest
Fresh-Faced Recruit

Joined: Nov 1999

+5

07/15, 04:18pm | report spam | close Reply |
missing the point

Apple is suing Psystar for copyright infringement based on the fact that Psystar altered Apple's copyrighted 10.5.4 update to run on Psystar machines. This has nothing to do with the EULA and also explains why Apple filed the suit the day after Psystar started distributing the modified code.

brainiac
Fresh-Faced Recruit

Joined: Sep 2003

+3

07/15, 04:34pm | report spam | close Reply |
Damages

Another issue is that if you stop them before they distribute a product illegally then you cannot claim the additional damages and sue the pants off of them for that. Instead of just stepping on Psystar, now they get to squish them into an unrecognizable puddle of goo.

Jonathan-Tanya
Fresh-Faced Recruit

Joined: Oct 2004

-4

07/15, 04:50pm | report spam | close Reply |
get real

it's one thing if this operation was a pirate operation, but another if they are paying for a boxed retail copy of OS X.

I don't know what they are doing, quite frankly, and won't defend them until I learn more.

But frankly, the idea that you OWN, thats right, I said OWN, the software you buy, is a good one. We run society (meaning we the people)...we don't have to stick up for the interests of Apple, and I have no desire to do so.

Apple can compete, like all companies, based on open and fair rules that people want for there society.

and its quite obvious, that peole want to OWN the software they buy...all but a few apple stock holders in these forums.

Guest
Fresh-Faced Recruit

Joined: Nov 1999

-2

07/15, 04:55pm | report spam | close Reply |
So many idiots

Why are morons sticking up for this psystar company [for want of a better word]? What if you could get the PS3 to run the Xbox360 operating system to use their software? Is that okay, because you bought a 360 [which inevitably dies after a few months of play...]? If there was this free for all on mac hardware, then not many people would want a mac. It's the reason the clones were stopped in the first place. People seem to have this cosy memory that everything was okay during the clone wars. But Apple stock was worth less than two dollars a share and no software companies were migrating TO Apple macs. Yes, some people got slightly cheaper macs, but in the long run macs would have died off like the Amiga. Some of Vista's problems can be contributed to being run on pc's without the capabilities to do so properly. Who would want a mac knowing it's going to be a lottery as to whether osx runs fine?

eddd
Fresh-Faced Recruit

Joined: Dec 2001

+3

07/15, 08:22pm | report spam | (1 reply) close Reply |
no

like it or not, the "idea" that you "own" the software you buy is just that - an idea, not fact. The fact is that you only license it under terms that you have to agree to in order to install the software.

Besides, this is more than an end user ignoring the EULA. This is one company profiting from another's product without proper licensing. And altering the software illegally, as well as updates. This can't be done without alteration at some point.

Worse, a company like Psystar brings down tight controls from Apple. At the least, it means a custom install process that is no longer reliant on open source code. Maybe even a hardware check to make sure approved hardware is present. At the worst, it means activation. Do you really want to protect Psystar at the cost of spoiling the fun for others? And at the inconvenience of activation? That's what will happen if Apple loses this case - they can't allow a commercial operaton to do this. You'd better hope Psystar loses for the sake of normal users and grassroots hackers like the X86 project.

manleycreative
Fresh-Faced Recruit

Joined: Sep 2005

+2

07/15, 09:55pm | report spam | close Reply |
THAT'S IT MAN

Psystar's dead, might as well sell the stock! lol.

smashedbanana
Fresh-Faced Recruit

Joined: Jun 2005

+1

07/15, 10:48pm | report spam | close Reply |
A Pystar employee quoted.

Shouldn't this read "THE Pystar employee.."

I don't want to debate the legalities of what they were doing or whether or not it was a real service to the community...... but seriously challenging Apple to take legal action?

How can that not end well?

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Apple files suit against Mac cloners

updated 12:10 pm EDT, Tue July 15, 2008

Apple sues Psystar

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buh-bye Psystar

This just in...

This just in...

Ridiculous

well..

finally

The final word(s)?

oooh

what world are they in

CA

Re: The final word(s)?

re: manleycreative

Go Psystar!

and the prize for

It's about time

Why sue them, Jobbsy?

not so fast

EULA?

Apple is in Cali

Microsoft and Dell

jackasses

So what's the loss?

Ace Hardware's Hammer EUL

emark

missing the point

Damages

get real

So many idiots

no

THAT'S IT MAN

A Pystar employee quoted.

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