Linked by Thom Holwerda on Thu 31st Jul 2008 22:03 UTC
Legal 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.
Thread beginning with comment 325400
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[2]: Comment by Gryzor
by apoclypse on Sun 3rd Aug 2008 04:48 UTC in reply to "RE: Comment by Gryzor"
apoclypse
Member since:
2007-02-17

I'll take this one. It harms Apple because Apple is a hardware company, the software they do develop they sell dirt cheap compared to their competition in the same market to entice users to buy their hardware. Being able to run other OS is a selling point of their hardware, it does not harm Apple in any way in-fact it helps sell their system. Hacking OSX and then selling to run on commodity hardware harms Apple because they already sell their software far lower than their competition in certain areas and if everyone can run OSX, why would they buy Apple hardware, how will Apple recoup their investment?

Reply Parent Score: 2

RE[3]: Comment by Gryzor
by archer75 on Sun 3rd Aug 2008 15:42 in reply to "RE[2]: Comment by Gryzor"
archer75 Member since:
2005-10-17

People would still buy apple hardware because of it's reliability and form. It's pricing isn't too far out of line compared to other hardware.
Lot's of companies sell only hardware and do fine. Others sell only software and do great. Apple can simply do both. They sell tons more copies of OSX as well as their other software and would continue to sell hardware.

Reply Parent Score: 1

RE[3]: Comment by Gryzor
by zombie process on Sun 3rd Aug 2008 15:54 in reply to "RE[2]: Comment by Gryzor"
zombie process Member since:
2005-07-08

OK, but making the reasonable assumption that none of the people who are buying clones would be buying Apple's hardware in any event, I still fail to see how it harms Apple. I am, of course, speaking of people who have bought and paid for the OS not unbridled piracy.

As far as price goes, Leopard is for sale on Amazon for $120 while vista ultimate upgrade is $185. Vista home premium upgrade is $95. I chose upgrade prices since we are discussing a situation where that is the equivalent since if you have apple hardware by definition you must have purchased their OS as well. If you want to discuss OEM prices, the ones on newegg are similar to these prices. An Ubuntu ship-it cd is $0.00. In any event, given these prices, the idea that Apple is giving their OS away for a song while the competition is bankrupting their customers is obviously bogus.

Now, all this said, I don't have an agenda here at all. I was just interested in discussion that wasn't knee-jerk level "PYSTAR FTW!!!" or "APPLE FTW!!!" w/o some discourse.

Reply Parent Score: 2

RE[4]: Comment by Gryzor
by nevali on Mon 4th Aug 2008 12:47 in reply to "RE[3]: Comment by Gryzor"
nevali Member since:
2006-10-12

OK, but making the reasonable assumption that none of the people who are buying clones would be buying Apple's hardware in any event, I still fail to see how it harms Apple. I am, of course, speaking of people who have bought and paid for the OS not unbridled piracy.


That's a pretty big assumption to make; maybe they would have bought a Mac, but saw the clone was cheaper. The clone market is tiny right now, but if it became legitimised it's possible it could grow to be reasonably large—large enough to be problematic for Apple. Remember what the clones did to IBM, after all?

Personally, I consider my copies of Mac OS X to be subsidised in part by the hardware, and in practice retail copies are “Upgrade” versions, because every Mac sold similarly at retail already ships with a licensed version, and the license tells me I can't install it on anything else (I have, but the user experience and hassle of installing it on a Dell laptop was so poor I ended up re-installing XP on it and letting my Macs be the ones to run Mac OS X). Whether this is true, right now, in legal terms or not, I don't know. It's possible that Apple missed a trick, but they can always change the license terms to require that you must have a previously-licensed full version of Mac OS X in order to install retail copies and never actually sell them (or sell them at a much higher cost to cover the lost hardware sales).

Despite what some think, I can't for the life of me see why it's possibly in Apple's interests to “go mainstream” with Mac OS X: ask anybody who's done low-level hacking on an operating system kernel how much of a pain in the ass differing hardware configurations are; Apple already supports a fair number of its own, without having to deal with the multitude of unknown combinations customers might throw at it. There's a misapprehension that Apple clearly wants to have Mac OS X running on every desktop it can—perhaps it does, but not if the hardware isn't made by Apple; that route just isn't profitable (and frankly, Apple's business decisions haven't exactly done its shareholders a disservice since Jobs got back to the helm and put a stop to the Mac clones the first time around).

Reply Parent Score: 2