There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to take legal action against PsyStar, claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.
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Member since:2006-01-16
Sony already does exactly that already. Forbidding to copy the music to any other media and enforcing that with "copy protection" is even more than that. Just think about a mobile mp3 player. It is not allowed to copy a "copy protected" CD to that device to enable it playing it.
Member since:2005-07-06
"Sony already does exactly that already.
"
CDs released by Sony music are only playable in Sony playback hardware? And/or the CDs come with licenses that attempt to enforce those restrictions? That's news to me.
Member since:2005-11-10
If Psystar win, it will not mean that Apple has to make OS X work on other hardware. In fact, nothing will change at all.
_all_ it will mean is that _if_ you can get OS X working on other hardware, you can. There is nothing about this legal case that means Apple have to suddenly magically help you and make it easy.
Apple will not defend on EULA terms, it's irrelevant. They will attack on another basis, such as illegally re-using the OSX86 hacker's code and/or DMCA for modifying Apple's binaries.
Member since:2006-11-24
what's with the stretch you're making..? No one ever claimed this. People want to run OSX on other hardware, Apple doesn't - and this is being tested now. "Apple having to help anyone" is derived from smoking your own crack... no-one needs Apple's help as it is being done without their help already this very moment.
Member since:2005-07-06
The simplest, if quite drastic, solution from Apple's end is to stop selling OS X altogether. Move it into a service based model with the purchase of any Mac. It'd be more in line with Apple's actual business model and might just serve as a swift kick in the balls to the warez kiddies if they did it right...
Member since:2008-08-02
I think the point of Apple's EULA has a lot to do with consistent quality to the user experience. The relationship between Apple hardware and software is what keeps the overall user base happy and loyal- if OS X were to get licensed to any PC it would also need to be supported by Apple. Not because it's an absolute requirement for an OS maker (Microsoft proves it's possible to sell an OS and not give a damn if it doesn't work with your hardware) but because a bad OS X experience brought about by a generic PC would poison the software groundwater. That's why they don't even support Leopard on some of their own hardware. It'll run below the official requirements sure, but the user experience is compromised.
For Mac users there has been and always will be a cohesiveness to computing. It's a complete experience. Apple isn't perfect, but in most cases they have your back. Microsoft is an engine producer that doesn't know much about how to make cars. Apple understands that if any part of your car is of poor quality it will greatly effect your overall experience. Therefore they make or control everything in their cars.
Also, Apple doesn't want to replace Microsoft. Not by simply letting anyone run with half of their product (the OS is PART of the hardware-software package, not some standalone thing) The market share will grow for Linux and OS X because as computing becomes more complicated, and connected to all manner of equipment, people are going to get sick of Windows just not working. with their phones, or cameras, or whatever else crashes Vista.
The Ferrari engine has no business being wedged into a run-down old Chevy. You might get it to run, but who gets blamed when the Chevy craps out?
Member since:2005-07-06
"The Internet is one of the most transformative technologies of our lifetimes. But for 2 out of every 3 people on earth, a fast, affordable Internet connection is still out of reach. And this is far from being a solved problem. There are many terrestrial challenges to Internet connectivity - jungles, archipelagos, mountains. There are also major cost challenges. Right now, for example, in most of the countries in the southern hemisphere, the cost of an Internet connection is more than a month's income. Solving these problems isn't simply a question of time: it requires looking at the problem of access from new angles. So today we're unveiling our latest moonshot from Google[x]: balloon-powered Internet access." Insane.
"MineAssemble is a tiny bootable Minecraft clone written partly in x86 assembly. I made it first and foremost because a university assignment required me to implement a game in assembly for a computer systems course. Because I had never implemented anything more complex than a 'Hello World' bootloader before, I decided I wanted to learn about writing my own kernel code at the same time. Note that the goal of this project was not to write highly efficient hand-optimized assembly code, but rather to have fun and write code that balances readability and speed. This is primarily accomplished by proper commenting and consistent code structuring." Just cool.
Jon Rubinstein, former CEO of Palm: "Well, I'm not sure I would have sold the company to HP. That's for sure. Talk about a waste. Not that I had any choice because when you sell a company you don't get to decide that. Obviously, the board and shareholders decide that. If we had known they were just going to shut it down and never really give it a chance to flourish, what would have been the point of selling the company? I think the deal we had with Verizon really hurt us, but who knew that at the time? These things are all hindsight.""And so it is with Dell's Alienware X51 R2, a small form factor gaming PC in console digs. It's shaped similar to Microsoft's Xbox 360 Slim, and though it's slightly larger than either a 360 or PlayStation 3, the X51 R2 would be right at home in a living room setting nestled next to a large screen TV. Indeed, it's adept at running Steam's Big Picture mode, and if your primary objective is to play games in the living room, go ahead and consider the X51 R2 a hybrid game console." This is obviously not the only machine like this - still, these are very valid console alternatives even for those that don't like being hunched over with a cramped WASD-claw. Also, PC gamers among us: could you get away with the $699 model for gaming?
From Bloomberg: "Microsoft, the world's largest software company, provides intelligence agencies with information about bugs in its popular software before it publicly releases a fix, according to two people familiar with the process. That information can be used to protect government computers and to access the computers of terrorists or military foes." The lid has officially been blown off.
"The key takeaway we've reached (after two less than 24 hours playing with the iOS 7 Beta release) is this - every App must consider even basic updates to its UI to survive in a post-iOS 6 world." Great. Telling developers to update their entire application - user interface and behaviour alike - to target a look and behaviour that isn't final yet. Seems like potential for a lot of wasted work here."Overall the app is really basic, and designed for on the go editing. Microsoft says it's not planning to create an iPad version, noting that tablet users can utilize the Office Web Apps instead. We'd like to see some additional options for editing, including more clear options for text formatting and the ability to insert and change images, but it's a solid attempt for something you're only really going to use for editing in emergencies." A resounding meh can be heard from all over the world."Today, most people are using modern browsers that support the majority of the latest web technologies. Better yet, the usage of legacy browsers is declining significantly and newer browsers stay up to date automatically, which means the leading edge has become mainstream. Given these factors we've decided to retire Chrome Frame, and will cease support and updates for the product in January 2014." Eh.The Next Web: "First of all, many of the new icons were primarily designed by members of Apple's marketing and communications department, not the app design teams. From what we've heard, SVP of Design Jony Ive (also now Apple's head of Human Interaction) brought the print and web marketing design team in to set the look and color palette of the stock app icons. They then handed those off to the app design teams who did their own work on the 'interiors', with those palettes as a guide. We've also been hearing that there wasn't a whole lot of communication between the various teams behind say, Mail and Safari. And that there were multiple teams inside each group that were competing with various designs, leading to what some see as inconsistencies in icon design. Those may well be hammered out in days ahead." What. Reminds me of how Microsoft does (used to do?) things."The German Parliament, the Bundestag, has introduced a joint motion against software patents. The resolution urges the German government to take steps to limit the granting of patents on computer programs. In the resolution, the Parliament says that patents on software restrict developers from exercising their copyright privileges, including the right to distribute their programs as Free Software. They promote the creation of monopolies in the software market, and hurt innovation and job creation." After New Zealand, we now have one of the most powerful economies in the world moving to ban software patents for all the reasons smart people have been outlining for years. also: "The government should also push to ensure that software is covered by copyright alone, and that patent offices (including the European Patent Office) stop granting patents on software." Germany is not a country the EU can ignore. Very good news, this.
Member since:
2005-07-06
I doubt it will do much to determine the legality of EULAs in general - but it probably will have an impact on the enforceability of "software A must be run only on hardware B" clauses in EULAs. And as someone pointed out in a recent thread on the topic, it will probably also have implications for Microsoft's "no virtualization for Vista" EULA terms.
Personally, I hope Pystar wins. Can anyone imagine the uproar if E.g. Sony started including EULAs with Sony Music releases - stating that you must use Sony hardware for playback? Apple's hardware "lock-in" policies are no different (with the possible exception that there are people who actually want Apple's product).
As the saying goes, "if you can't stand the heat, then keep your OS the hell off commodity hardware."
Edited 2008-07-31 22:48 UTC