Linked by Thom Holwerda on Tue 1st Dec 2009 17:14 UTC
Legal The case between Apple and Psystar may in fact finally be over. AppleInsider is reporting on a document filed with the California court which says that the two companies have entered into a settlement agreement. However, since AppleInsider doesn't actually provide the document in question, and nothing shows up yet on dockets, it's all a little bit unclear. Update: Here's the filing. It does not cover the Florida case, but pretty much ends the California one. Round 1 a smashing victory for Apple, round 2 has Psystar starting heavily crippled.
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So it is over right
by kaelodest on Tue 1st Dec 2009 17:53 UTC
kaelodest
Member since:
2006-02-12

Sad to see another tired man lay down his cards and quit the holy game of poker.

Hopefully we can all move on and obsess about something less trivial and offensive.

I suggest fonts, or text formats.

Reply Score: 2

RE: So it is over right
by wirespot on Tue 1st Dec 2009 22:38 UTC in reply to "So it is over right"
wirespot Member since:
2006-06-21

No it's not over. All those settlement terms are Psystar's wild fantasy. Apple will not give up their trademark and state-based claims. It has simply put them on hold until the judges decide where things go next.

Make no mistake, Apple will try to bury this kind of attempts once and for all. And for that they will need to see it through to the fullest extent. Psystar is just trying to wiggle out of anything it can get away with.

Oh, and stop reading anything by Thom if you want facts about Apple vs Psystar. Read Groklaw, it has the actual documents filed with the courts:
http://www.groklaw.net/article.php?story=20091201131422651

Reply Score: 2

umccullough
Member since:
2006-01-26

Initial prediction: They stop pre-installing OS X and start shipping it side-by-side with the machines and instructions on how to install it.

Or: They continue selling machines that are OS X compatible but pre-install them with another OS pre-installed instead (such as Linux, etc.) - they provide instructions on how to purchase and install OS X for those who wish to do so, providing drivers/support or whatever as necessary.

Of course, without seeing/knowing the details of the settlement, who knows.

It's important to note, that no matter what, Apple has already validated that Psystar machines *are capable* of running OS X - and the publicity that Psystar has gained from the entire situation has made everyone quite aware of their existence and that their hardware does indeed have the capability of running OS X with some amount of certainty.

Streisand effect at its best ;)

Edited 2009-12-01 19:59 UTC

Reply Score: 2

Stratoukos Member since:
2009-02-11

It's important to note, that no matter what, Apple has already validated that Psystar machines *are capable* of running OS X - and the publicity that Psystar has gained from the entire situation has made everyone quite aware of their existence and that their hardware does indeed have the capability of running OS X with some amount of certainty.

Streisand effect at its best ;)


I don't think that's quite true. Those who generally followed the whole Appls vs Psystar story or that even knew about Psystar generally are aware of hackintoshes and how easy it is to build one.

Reply Score: 1

v Good Riddance
by djitanium on Tue 1st Dec 2009 20:30 UTC
RE: Good Riddance
by Kroc on Tue 1st Dec 2009 20:38 UTC in reply to "Good Riddance"
Kroc Member since:
2005-11-10

But in their place, a million more.

Reply Score: 2

RE: Good Riddance
by darknexus on Tue 1st Dec 2009 21:34 UTC in reply to "Good Riddance"
darknexus Member since:
2008-07-15

You know what else is amusing about this whole thing? The people who were insisting that Psystar was "fighting the good fight" as it were, willing to take Apple on and doing it all for the cause of openness. There's only one thing I can say to those people now: hahahaha.

Reply Score: 0

RE[2]: Good Riddance
by Budd on Tue 1st Dec 2009 21:59 UTC in reply to "RE: Good Riddance"
Budd Member since:
2005-07-08

Exactly. Was about to say the same. Fighting the good fight my arse!

Reply Score: 1

RE[2]: Good Riddance
by sbergman27 on Tue 1st Dec 2009 22:14 UTC in reply to "RE: Good Riddance"
sbergman27 Member since:
2005-07-24

There's only one thing I can say to those people now: hahahaha.

I wonder just how much good that attitude does for the world.Think about it, Jacob.

Edited 2009-12-01 22:15 UTC

Reply Score: 3

RE[3]: Good Riddance
by Bobthearch on Tue 1st Dec 2009 22:19 UTC in reply to "RE[2]: Good Riddance"
Bobthearch Member since:
2006-01-27

Yeah, it'll be just as funny when the 'community' hackintoshers are under a barrage of attacks from the same Apple lawyers, only now with the legal precedent set against them.

Reply Score: 2

RE[4]: Good Riddance
by sbergman27 on Tue 1st Dec 2009 22:22 UTC in reply to "RE[3]: Good Riddance"
sbergman27 Member since:
2005-07-24

Yeah, it'll be just as funny when the 'community' hackintoshers are under a barrage of attacks from the same Apple lawyers, only now with the legal precedent set against them.

Apple, Inc would never stoop so low as to make legal threats against individuals. Against actual customers. It's just not that kind of company.

Reply Score: 4

RE[5]: Good Riddance
by drcoldfoot on Tue 1st Dec 2009 23:48 UTC in reply to "RE[4]: Good Riddance"
drcoldfoot Member since:
2006-08-25

True, But FUD is a heck of a weapon. Imagine more websites that will NOT POST the info that will help you to create a Hackintosh.

Reply Score: 1

RE[2]: Good Riddance
by BallmerKnowsBest on Wed 2nd Dec 2009 22:28 UTC in reply to "RE: Good Riddance"
BallmerKnowsBest Member since:
2008-06-02

You know what else is amusing about this whole thing? The people who were insisting that Psystar was "fighting the good fight" as it were, willing to take Apple on and doing it all for the cause of openness.


Yes, it certainly was amusing to see all the Apple apologists get their panties in a wad because Psystar had turned their own tactic against them. Even if Psystar loses completely, they've still accomplished the most epic troll ever of both Apple and their fanboys.

There's only one thing I can say to those people now: hahahaha.


Oh come on, the celebratory Mac fanboy circle-jerk doesn't officially start for another 3 hours.

Reply Score: 2

RE[3]: Good Riddance
by sbergman27 on Wed 2nd Dec 2009 22:48 UTC in reply to "RE[2]: Good Riddance"
sbergman27 Member since:
2005-07-24

Oh come on, the celebratory Mac fanboy circle-jerk doesn't officially start for another 3 hours.

There are actually some issues here which trancend your hatred of any particular group. And shouldn't we at least distinguish between "Mac Fanboy", and "Apple Inc, Fanboy" here? Because they are two different things, admittedly with some overlap. Are there not folks who like Apple's OS who don't care to buy their hardware. Or like Apple's hardware, but don't want to be tied to their OS? How about those of us who prefer commodity hardware with some other OS, but who think that other's software/hardware choices shouldn't be tied to their hardware/software choices for arbitrary political reasons?

The whole Apple/Psystar thing has been a bit "third party" from my perspective. But I'm not exactly sure that glee is an appropriate response from any reasonable camp, at this time.

Edited 2009-12-02 22:48 UTC

Reply Score: 2

RE: Good Riddance
by heron on Wed 2nd Dec 2009 07:14 UTC in reply to "Good Riddance"
heron Member since:
2005-08-07

Last time I checked competition is a good thing.

Reply Score: 1

Update
by Stratoukos on Tue 1st Dec 2009 23:17 UTC
Stratoukos
Member since:
2009-02-11

Engadget reports that Psystar is going to pay Apple about $2.7 million. From the article:

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.


Engadget article: http://www.engadget.com/2009/12/01/apple-dings-psystar-for-2-67m-ro...

Court filing (pdf): http://stadium.weblogsinc.com/engadget/files/apple-psystar-settle.p...

Reply Score: 1

Calming down and looing at issue
by cmost on Wed 2nd Dec 2009 03:23 UTC
cmost
Member since:
2006-07-16

Here's the issue as I see it...Apple switched to commodity Intel hardware. Other computer manufacturers noticed and thought it would be a good idea to sell hardware with the Macintosh software pre-installed. They purchased shrink-wrapped copies of OS-X for such a purpose. Apple's lawyers got their panties in a bunch and sued. The other computer manufacturers were shut down. Umm, what's wrong with this picture? I don't know why Apple doesn't just release OS-X for PC's. That would really put Microsoft on notice wouldn't it? The quality of computer operating systems would greatly improve, is my guess. Even Linux would be forced to compete directly with OS-X in this scenario and competition is always good.

Reply Score: 2

simon17 Member since:
2009-08-21

Apple doesn't *want* to compete with Microsoft. It wants the top 10% of the market where it can sell shiny hardware at ridiculous margins.

Reply Score: 1

OS and Computer as one product
by Andre on Wed 2nd Dec 2009 07:55 UTC
Andre
Member since:
2005-07-06

Long ago, Apple used m68k CPUs.
Back then, the Mac OS (back then, just called System)
was tight to the machine. If you wanted to run a different OS, you had to use the Mac OS as a boot loader.
For example, Apples own A/UX (Apple Unix) booted into Mac OS 7 first, and that would load the A/UX.

Later, Apple switched to the PPC CPU. Apple didn't use the, back then, standard PPC (PReP) architedture, but it's own. These Old World Macs had also this integration.

When Apple changed architecture to the New World Mac, it became an open system: OpenFirmware, a standard. This allowed the possibility to boot other operating systems out of the box.

This means, the hardware didn't depend on the software anymore, so, from that perspective, the hardware and the software became separated.

After the switch to Intel, Apple decided to use EFI, this is also a standard, and also allows to boot other Operating Systems out of the box.

So, the hardware+software=one product, was once true for Apple products, but hasn't been for years.

Reply Score: 1

RE: OS and Computer as one product
by memson on Wed 2nd Dec 2009 12:32 UTC in reply to "OS and Computer as one product"
memson Member since:
2006-01-01

Later, Apple switched to the PPC CPU. Apple didn't use the, back then, standard PPC (PReP) architedture, but it's own. These Old World Macs had also this integration.

When Apple changed architecture to the New World Mac, it became an open system: OpenFirmware, a standard. This allowed the possibility to boot other operating systems out of the box.


The PReP spec didn't exist in it's final when the first PowerPC Macs being developed. Indeed, they were released within the same period as the spec. Also, bare in mind the Mac of that time ran a lot of the OS (System 7.0) in emulation, so the PowerPC design had to be very specific to the old 68k one. Indeed CHRP was the one that should have been the "runner", except it didn't happen.

Secondly, Open Firmware existed on all Power Macs. The version got progressively increased and improved upon, but my PM6100, has OF. The Old world/New world thing is more to do with the general architecture changes that meant the Mac loaded most of the MacOS ROM from disk, rather than it being ROM based.

Lastly, most of the bootloaders that chained MacOS Old World PowerPC machines in to alternate OS load as extensions and usually happen before the full OS is loaded.

Reply Score: 2