Linked by Thom Holwerda on Mon 14th Apr 2008 21:44 UTC
Apple The website of a Miami-based networking and security solutions reseller became inaccessible Monday, shortly after the company began advertising an unauthorized Mac clone for a fraction of the cost of Apple's cheapest system. Dubbed OpenMac, the USD 400 offering from Psystar Corporation is described as 'a low-cost high-performance computing platform' based on the ongoing OSX86Project - a hacker-based initiative aimed at maintaining a version of the Mac OS X operating system for everyday PCs. The website is back online now, and the machine has been renamed to Open Computer. Update: Psystar says they will continue to sell the Open Computer system, despite the fact that it appears to violate Apple's EULA. "We're not breaking any laws," they insisted.
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RE: Cease and Desist
by dimosd on Mon 14th Apr 2008 22:35 UTC in reply to "Cease and Desist"
dimosd
Member since:
2006-02-10

I smell a cease and desist letter coming...


In that case... Quick, hurry and buy one

Reply Parent Score: 4

RE[2]: Cease and Desist
by voidlogic on Mon 14th Apr 2008 22:41 in reply to "RE: Cease and Desist"
voidlogic Member since:
2005-09-03

I think that is what a lot of people are thinking as their site is not functioning right now-

Also I wounder if there is any chance of them being in the clear. If they are buying their copies of OS X legitimately from Apple and putting Apple Stickers on their PCs, there is a "stick it to the man" part of me that hopes it is enough to satisfy is Section 2A of the Mac OS X End User License Agreement (EULA), which reads:

"to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time."

Because they probably have nothing to compare to Apple's legal team they will be stomped, but I'll cross my fingers for the little guy.

Reply Parent Score: 4

RE[3]: Cease and Desist
by macUser on Tue 15th Apr 2008 02:41 in reply to "RE[2]: Cease and Desist"
macUser Member since:
2006-12-15

Because they probably have nothing to compare to Apple's legal team they will be stomped, but I'll cross my fingers for the little guy.


And hope they succeed in what? Toppling Apple? Then nobody gets the OS. Unless Apple _stops_ being a _hardware_ company hoping to see the little guy succeed is hoping to bring the company down.

Don't get me wrong, I'd love to see a legitimate way to install MOSX on hardware of my choosing, but at the same time Apple doesn't make their money selling the OS. The OS sells their hardware!

Reply Parent Score: 4

RE[3]: Cease and Desist
by alcibiades on Tue 15th Apr 2008 07:57 in reply to "RE[2]: Cease and Desist"
alcibiades Member since:
2005-10-12

There is every chance of them being legally in the clear, whether they put stickers on or not. They may get bought off or intimidated off, but legally its pretty cut and dried. No post sales restrictions on otherwise legal use are enforceable. They are anti competitive. If you make cooking knives, you cannot, by post sale restrictions on use, stop people using any chopping boards but your own branded ones. If the Eula says you can only use this software if you take off your shoes and bow to Cupertino first, you don't have to. Simple. They are right to say they're doing nothing illegal. Violating Eulas is not illegal. Neither is it actionable to break those provisions of a Eula which are unlawful.

If you argue its a license not a sale, you need to produce cases. There are none. Its a sale.

Going to be interesting, this one.

Reply Parent Score: 4

RE[3]: Cease and Desist
by aliquis on Tue 15th Apr 2008 17:30 in reply to "RE[2]: Cease and Desist"
aliquis Member since:
2005-07-23

Regarding that apple-sticker on the box:

I'm very sure Apple got a registered trademark and that they decide who are allowed to use it and call their machines Apple ones or not. So with sticker or not it's not an Apple machine, because they got no right whatsoever to call their product and Apple product.

Reply Parent Score: 2

RE[2]: Cease and Desist
by Laurence on Mon 14th Apr 2008 22:51 in reply to "RE: Cease and Desist"
Laurence Member since:
2007-03-26

Aside using the Mac name (OpenMac) which they've now stopped, I really can't see what the legal problem is.

The kernel is open source anyway, the OS X licence (hopefully) will be legally purchased. Granted there's a breach of the EULA, but (as I said in my other post) I think the legal ground of EULAs somewhat questionable (and certainly not moral - but who has moral in big business ;) )
Psystar's website even specifies that this device is aimed at experienced users.

Once again, Apple are more interested in their lock in's than consumer choice. (Or maybe they're just scared that if OS X was pitted up against a variety of hardware (in much the same way Windows and Linux are) then OS X's 'perfect' image of stability and simplicity would get knocked down several pegs).

Reply Parent Score: 15

RE[3]: Cease and Desist
by Mellin on Mon 14th Apr 2008 23:13 in reply to "RE[2]: Cease and Desist"
Mellin Member since:
2005-07-06

The buyers can forget about support from apple on any problems with mac os x and the hardware

Edited 2008-04-14 23:14 UTC

Reply Parent Score: 2

RE[3]: Cease and Desist
by aliquis on Tue 15th Apr 2008 17:35 in reply to "RE[2]: Cease and Desist"
aliquis Member since:
2005-07-23

"Psystar's website even specifies that this device is aimed at experienced users."

== You will probaby run until problems with this but we don't give a shit we just want to earn money selling systems capable of running OS X.

Same with their FAQ informing people to look up which updates work or not on insanelymac aswell == We won't help you at all if something doesn't work, let someone else fix that, we just want to sell this system and earn money, f--k you!

Reply Parent Score: 0

RE[2]: Cease and Desist
by aliquis on Tue 15th Apr 2008 17:17 in reply to "RE: Cease and Desist"
aliquis Member since:
2005-07-23

Why buy one of these when you could build a similair configuration cheaper yourself, or the one you want, or already have one, they are just trying to earn money on others work, both Apples and the people who crack the OS and make it run.

Reply Parent Score: 0