Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anticompetitive business practices. Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple's tying of the Mac OS to Apple-labeled hardware is "an anticompetitive restrain of trade", according to attorney Colby Springer of antitrust specialists Carr & Ferrell. Psystar is requesting that the court find Apple's EULA void, and is asking for unspecified damages. Psystar's attorneys are calling Apple's allegations of Psystar's copyright infringement "misinformed and mischaracterized". Psystar argues that its OpenComputer product is shipped with a fully licensed, unmodified copy of Mac OS X, and that the company has simply "leveraged open source-licensed code including Apple's OS" to enable a PC to run the Mac operating system.
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Member since:2005-07-24
Thankfully, it doesn't matter what Apple thinks.
If a car company sells you a car which requires a specific BRAND of, say, oil, then that car company is LEGALLY REQUIRED to provide that fluid to you at NO COST.
The same law also applies here, Apple is FORBIDDEN from requiring you to have a specific BRAND of hardware to run their software... even if that software is only available with the hardware.
They CAN make it as hard as they want, within limits, for you to use the software on other brands, but they have no legal authority with which to prohibit said usage.
Furthermore, U.S. law directly permits all modifications, reverse-engineering, and what-have-you for the sake of compatibility. Be that software-on-hardware compatibility, or software-on-software compatibility.. or even hardware-on-hardware compatibility. You can clone technologies VERY legally, provided you do not engage in copyright infringement or violate trademark laws.
Your clone is YOUR property, to with as you will, under the law ( naturally ).
Basically: when Apple says you NEED an Apple-Branded computer of certain specifications, and they provide that software to you, they should be giving you the hardware to run the OS ( FREE ). Because they DO NOT, then they must allow the OS to run on other machines, though they HAVE NO REQUIREMENT to support that configuration - the software doesn't have a warranty anyway - except in tech support - which they would have no further obligation to provide ( other than maybe on a best-effort basis, which would be by their good graces only ).
--The loon
Edited 2008-08-28 03:57 UTC
Member since:2005-12-15
Your clone is YOUR property, to with as you will, under the law ( naturally ).
Perhaps, but there's a difference between justice prevailing and the law. We've seen this before with bleem vs Sony. The bleem product contained no Playstation BIOS code at all and was entirely reverse engineered, yet they failed to beat Sony due to funding.
Member since:2006-12-15
So what your saying is that its illegal for companies to not offer support for every bit of hardware out there? Where is the PPC version of Vista then?
Member since:2005-07-06
Why can't they say "our product is this hardware that runs this operating system?" Hardware is of little use without an operating system, and an operating system is of little use without the hardware to run it on. Why CAN'T they be part of the same product and exempt from tying?
Member since:2008-01-09
If a car company sells you a car which requires a specific BRAND of, say, oil, then that car company is LEGALLY REQUIRED to provide that fluid to you at NO COST.
The same law also applies here, Apple is FORBIDDEN from requiring you to have a specific BRAND of hardware to run their software... even if that software is only available with the hardware.
They CAN make it as hard as they want, within limits, for you to use the software on other brands, but they have no legal authority with which to prohibit said usage.
Furthermore, U.S. law directly permits all modifications, reverse-engineering, and what-have-you for the sake of compatibility. Be that software-on-hardware compatibility, or software-on-software compatibility.. or even hardware-on-hardware compatibility. You can clone technologies VERY legally, provided you do not engage in copyright infringement or violate trademark laws.
Your clone is YOUR property, to with as you will, under the law ( naturally ).
Basically: when Apple says you NEED an Apple-Branded computer of certain specifications, and they provide that software to you, they should be giving you the hardware to run the OS ( FREE ). Because they DO NOT, then they must allow the OS to run on other machines, though they HAVE NO REQUIREMENT to support that configuration - the software doesn't have a warranty anyway - except in tech support - which they would have no further obligation to provide ( other than maybe on a best-effort basis, which would be by their good graces only ).
--The loon
Very good post.
Member since:2005-11-21
Unless of coarse I've been missing the complimentary hardware stored out the back for every OS sale.
In Apple's case, retail versions of OS X and upgrades are one in the same. That is the intent of the retail versions, to allow you to upgrade to the latest OS version, either by upgrading your already-installed OS, or by doing a fresh install. Either way, you've upgraded, at least in Apple's eyes. "
Wrong. Hardware does not come with a retail copy of OS X. It's specific to the system. Upgrades are through Apple Software Update.
Periodically Apple releases a .x version for Full retail to install on pre-existing Apple Hardware.
They don't offer Retail upgrades.
10.5.1 replaced 10.5 at the retail stores.
http://www.amazon.com/s/ref=nb_ss_gw?url=search-alias%3Daps&fie...
Show me the retail upgrade for 10.5.2, 10.5.3 and 10.5.4.
The last retail update CD Amazon lists was 10.2.5 which works on 10.2-10.2.4 systems.
http://www.amazon.com/Mac-Os-V10-2-5-Update-CD/dp/B00009LI58/ref=sr...
Apple's official last 10.3 and 10.4 versions on Amazon:
http://www.amazon.com/s/ref=nb_ss_gw?url=search-alias%3Daps&fie...
All replaced previous versions on retail shelves. Apple doesn't resell incremental/upgrade versions side by side throughout the lifecyle of their product. It's through Software Update which is designed to run on Apple Hardware.
Microsoft offers Windows XP and side by side offer pre-packaged upgrades on disc that requires an earlier copy of XP to install, legally speaking.
All upgrades for every major release of OS X is targeted through Software Update.
What this will end up doing, besides ending up having Apple win is that Apple will include something in their motherboards to only run OS X and the software will need this to work.
Most likely it will install just fine and upon EFI boot up fail, everytime.
Member since:
2008-07-15
Unless of coarse I've been missing the complimentary hardware stored out the back for every OS sale.
In Apple's case, retail versions of OS X and upgrades are one in the same. That is the intent of the retail versions, to allow you to upgrade to the latest OS version, either by upgrading your already-installed OS, or by doing a fresh install. Either way, you've upgraded, at least in Apple's eyes.