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[2]: Cease and Desist
by voidlogic on Mon 14th Apr 2008 22:41 UTC 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[4]: Cease and Desist
by Vinegar Joe on Tue 15th Apr 2008 03:32 in reply to "RE[3]: Cease and Desist"
Vinegar Joe Member since:
2006-08-16

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!


Apple doesn't make hardware. They simply slap their logo on hardware made by Asus, Hon Hai (Foxconn), Quanta and other Taiwanese manufacturers who also make Windows machines. Same companies, same factories, same workers.

Reply Parent Score: 6

RE[4]: Cease and Desist
by jasutton on Tue 15th Apr 2008 04:40 in reply to "RE[3]: Cease and Desist"
jasutton Member since:
2006-03-28

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.


The OS sells Macs, but recently, Apple has been making the majority of it's revenue from iPod+iTunes sales. It probably wouldn't affect them much to "allow" people to install OS X on third-party systems. This is especially true given the fact that most people that buy Macs in recent years do so more as a fashion statement than anything else.

That said, Apple has the right to create their OS in such a way that it is difficult to install on third-party hardware. However, I as the purchaser of the software have the right (see quote from Title 17 section 117 of the US Code below) to modify that software in order to run it on a computer.

"it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine"

Link: http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000117----000-.h...

Reply Parent Score: 5

RE[4]: Cease and Desist
by bert64 on Tue 15th Apr 2008 10:33 in reply to "RE[3]: Cease and Desist"
bert64 Member since:
2007-04-23

Look at Sun...
They give away Solaris for free (open source no less), while selling hardware for running it. Anyone can sell hardware to run Solaris, and bundle Solaris with it.
But sun provide a single point of call for both hardware and software, a single place that will support the entire stack which is guaranteed to work together.
Apple aren't much different, OSX is not guaranteed to run on non Apple hardware, just like Solaris is not guaranteed to run on non Sun hardware.

Reply Parent Score: 2

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