Linked by Amjith Ramanujam on Tue 15th Jul 2008 17:45 UTC, submitted by Thom_Holwerda
Law and Order Apple has filed a suit (more details) on July 3rd against Psystar in the northern district of California. Psystar dubbed its cheap Mac Clone as Open Computer and started shipping them around April of this year.
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Comment by satan666
by satan666 on Tue 15th Jul 2008 19:38 UTC
satan666
Member since:
2008-04-18

Unfortunately Apple decided to go this way. Apple can't tell people what to do with software that people paid for. Apple can't tell hardware manufacturers and resellers what to sell and what not to sell. Even Microsoft is more open than Apple.

RE: Comment by satan666
by Kroc on Tue 15th Jul 2008 20:23 in reply to "Comment by satan666"
Kroc Member since:
2005-11-10

(edit: I should add that this isn't aimed directly at you, merely an in-general statement brought about by your comment)

If you don't agree with Apple's practices and terms, don't buy their stuff.

Seriously, is this really, really hard for people to grasp or something?

It feels like people have this misconception that "voting with your wallet" means buying a companies stuff even though they disagree with them, and then complaining about it endlessly.

Apple can tell people what to do with their hardware and software as long as people keep buying it, regardless of "come see the violence inherit in the system!" complaints.

Edited 2008-07-15 20:32 UTC

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RE[2]: Comment by satan666
by satan666 on Tue 15th Jul 2008 20:34 in reply to "RE: Comment by satan666"
satan666 Member since:
2008-04-18

I wouldn't buy anything from Apple, not even an iPod.
Not giving their blessing to Psystar is one thing. Suing them for selling hardware is something else. Since when nobody can sell hardware that supports MacOS (except Apple of course)?
This is a regrettable decision for the consumers (less choice) and for Apple (this is how you get more market share). Whatever, I don't give a flying shit actually.
I won't buy a Mac or a Mac clone in a thousand years.

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RE[2]: Comment by satan666
by MacTO on Tue 15th Jul 2008 23:31 in reply to "RE: Comment by satan666"
MacTO Member since:
2006-09-21

If you don't agree with Apple's practices and terms, don't buy their stuff.


In most cases, I would say that is true. As for PsyStar itself, their actions may be construed as an act of civil disobedience. This was not under the table stuff. It was done in plain view. Unfortunately, there was monetary gain. But it could be argued that Apple would not have launced a credible lawsuit based upon the EULA otherwise.

It feels like people have this misconception that "voting with your wallet" means buying a companies stuff even though they disagree with them, and then complaining about it endlessly.


Some people have this misconception that businesses are democratic, and that buying stuff is a means of giving them a vote. This is completely untrue, which is one reason why transactions with businesses are subject to a lot of regulation.

Some of those regulations concern the ownership of property. This entails rights which pretty much every EULA argues that you do not have. The sad fact is, too much of our computer use is governed by EULAs. Even open source software presents an EULA to the user, even though those are much more balanced than their commercial counterparts.

So if someone wants to take on a company like Apple to try to invalidate, or at least limit the use of, EULAs, I congratulate them. And I sincerely hope that is what Psystar was trying to do when coming out in such a public manner.

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RE[2]: Comment by satan666
by BallmerKnowsBest on Wed 16th Jul 2008 00:21 in reply to "RE: Comment by satan666"
BallmerKnowsBest Member since:
2008-06-02

If you don't agree with Apple's practices and terms, don't buy their stuff.


You seem to have misspelled "love it or leave it!"

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RE[2]: Comment by satan666
by CrazyDude1 on Wed 16th Jul 2008 00:24 in reply to "RE: Comment by satan666"
CrazyDude1 Member since:
2007-09-17

But we have right to criticize what Apple does right? This is about freedom of speech.

Apple IMO is worst company. One that itself [ab]uses open source and on top of that doesn't even let users decide what hardware they want to run their OS on.

Rotten Apple!

Edited 2008-07-16 00:31 UTC

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RE[2]: Comment by satan666
by Jon Dough on Wed 16th Jul 2008 09:05 in reply to "RE: Comment by satan666"
Jon Dough Member since:
2005-11-30

If you don't agree with Apple's practices and terms, don't buy their stuff.

Seriously, is this really, really hard for people to grasp or something?

It feels like people have this misconception that "voting with your wallet" means buying a companies stuff even though they disagree with them, and then complaining about it endlessly.


Indeed. Complaints about the business practices of a large mass-merchandiser and the way they undercut the "Mom & Pop" stores abound, but these same people shop there because it's cheaper than anywhere else! Can't have it both ways....

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RE[2]: Comment by satan666
by Soulbender on Wed 16th Jul 2008 10:17 in reply to "RE: Comment by satan666"
Soulbender Member since:
2005-08-18

Apple can tell people what to do with their hardware and software as long as people keep buying it, regardless of "come see the violence inherit in the system!" complaints.


Well, sure, they can tell people that but that doesn't mean people have an obligation to follow. That's what we call consumer law.

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RE[2]: Comment by satan666
by RRepster on Wed 16th Jul 2008 17:45 in reply to "RE: Comment by satan666"
RRepster Member since:
2008-06-18

who died and made you boss of people's opinions? Complaining about a licensing practice or product is just as much a way of "wallet voting" as anything else. Besides, when it comes to large companies as well as monopolies "wallet voting" does NOT work which is the whole point of anti-trust.

I'm not saying that Apple is a monopoly at all btw I'm just pointing out the fallacy of your argument satan666.

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RE: Comment by satan666
by Macrat on Tue 15th Jul 2008 20:32 in reply to "Comment by satan666"
Macrat Member since:
2006-03-27

Apple doesn't sell software. They sell you a right to use.

Just like you don't own the music that you buy a right to listen to on a CD.

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RE[2]: Comment by satan666
by AdamW on Tue 15th Jul 2008 20:39 in reply to "RE: Comment by satan666"
AdamW Member since:
2005-07-06

Well, that's the debate. That is how software companies and music companies would like it to be. However, whether that is how the law (in whatever territory you live in) allows that is a different, and rather unclear, issue. This case will go some way to resolving it.

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RE[2]: Comment by satan666
by wakeupneo on Wed 16th Jul 2008 02:47 in reply to "RE: Comment by satan666"
wakeupneo Member since:
2005-07-06

Apple doesn't sell software. They sell you a right to use.

Just like you don't own the music that you buy a right to listen to on a CD.


Ahh...but Sony Music can't specify that you can only listen to the music on the CD with a Sony player though can they?

The issue here is not 'illegality'...it's not 'illegal' to install OSX on other hardware...but it does make it 'unsupported'. By installing the software on any hardware beyond a Mac, you're breaking the EULA and so, you're on your own. Good luck to ya.

Beyond that, Apple have no right to force you to do anything.

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RE: Comment by satan666
by kaiwai on Wed 16th Jul 2008 02:12 in reply to "Comment by satan666"
kaiwai Member since:
2005-07-06

Unfortunately Apple decided to go this way. Apple can't tell people what to do with software that people paid for. Apple can't tell hardware manufacturers and resellers what to sell and what not to sell. Even Microsoft is more open than Apple.


And you do realise that Microsoft and Apple have completely different models - Microsoft can do what they do because they're a software company; Apple can't do what Microsoft does because it would require a complete change in the model - and it is doubtful that it would pay off in the end.

As for your psuedo-human-rights rant over what one should be allowed to do with their software - how is that any different to, for example, a games company refusing to pay royalties to Sony for their game to run on the Sony Playstation platform? the whole business models falls over because of it. Its because of this very model that you can pick up a Playstation for a few hundred rather than a few thousand.

Heck, there are restrictions placed on software all the time - what about academic software? using your logic, thousands of students would miss out on cheap software because of your 'one size fits all approach' thinks its going to enhance freedom when in reality it screws over the very people it is meant to assist.

Back to Apple again, I might have had sympathy if this were 15 years ago, and a Mac low end would set one back around NZ$4,000. That isn't the case now. Mac's are accessible in price; heck, a MacBook in New Zealand costs around NZ$2099 incl GST, which is no more expensive than a HP bought from a big name retailer. I picked up an iMac for, 2.6Ghz model with everyone one would need - at a price similar to that of HP and NEC computers on sale in big name retailers.

I've got nothing against it simiply as a research project to understand how things work, but when a company gets behind it, and starts making money off it - it moves it into a whole new ball park; just as I've maintained that opensource projects should be exempt from patent payments when the code and binaries are shipped stand alone and free of charge. It is about being reasonable.

Edited 2008-07-16 02:31 UTC

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RE[2]: Comment by satan666
by google_ninja on Wed 16th Jul 2008 04:11 in reply to "RE: Comment by satan666"
google_ninja Member since:
2006-02-05


And you do realise that Microsoft and Apple have completely different models - Microsoft can do what they do because they're a software company; Apple can't do what Microsoft does because it would require a complete change in the model - and it is doubtful that it would pay off in the end.


I disagree, especially with the climate nowadays. The change in their model is that they would have to hike the price of OSX. They would make a lot of money and get a hell of alot more users even if they jumped to vista home premium prices. They could even do it simultaniously with keeping the hardware with the huge margins, and discount the price for "Mac only" versions of OSX.

It isn't even like drivers are a problem, the hackintosh community is pretty damn small, but they have been able to get it to the point where osx can run on almost anything.


As for your psuedo-human-rights rant over what one should be allowed to do with their software - how is that any different to, for example, a games company refusing to pay royalties to Sony for their game to run on the Sony Playstation platform? the whole business models falls over because of it. Its because of this very model that you can pick up a Playstation for a few hundred rather than a few thousand


I completely agree with that. This idea that it is morally wrong for someone who owns something to decide how it can or cannot be used REALLY bothers me.

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RE: Comment by satan666
by trenchsol on Wed 16th Jul 2008 18:02 in reply to "Comment by satan666"
trenchsol Member since:
2006-12-07

Apparently, it is up to court, and to you, to decide.

DG

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