Linked by Thom Holwerda on Wed 19th Nov 2008 21:40 UTC
Law and Order Strike one for Apple. Curling is a better sport anyway - the first end goes to Apple. The Cupertino company sued clone maker PsyStar for licensing and trademark violations and copyright infringement, only to be greeted by a counter lawsuit from PsyStar, who claimed Apple was a monopolist. U.S. District Judge William Alsup sided with Apple on the counter lawsuit Tuesday. In his 16-page decision Tuesday, Alsup ruled Apple's products don't constitute a market to dominate. As a consequence, Apple then can't be considered a monopolist, Alsup wrote. An Apple spokesman had no comment. A representative for Psystar couldn't be reached for comment. The original lawsuit is still running, so PsyStar can, for now, continue selling its clones.
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Uhhh
by jason_ff on Wed 19th Nov 2008 21:53 UTC
jason_ff
Member since:
2006-06-29

How is this a "strike" for Apple? Isn't this a good thing for them?

RE: Uhhh
by AmigaRobbo on Wed 19th Nov 2008 21:56 in reply to "Uhhh"
AmigaRobbo Member since:
2005-11-15

I'm no expert in baseball, but isn't that what it means?

Anyway, could you imagine how terrible Apple would be if they ever got as big as MS?

better designed evil! Shudder!

Reply Parent Bookmark Score: 1

RE[2]: Uhhh
by Delgarde on Wed 19th Nov 2008 23:18 in reply to "RE: Uhhh"
Delgarde Member since:
2008-08-19

Well, yes. In their own way, Apple really are a lot like Microsoft, just smaller and with more style.

Reply Parent Bookmark Score: 2

RE: Uhhh
by Phloptical on Thu 20th Nov 2008 02:31 in reply to "Uhhh"
Phloptical Member since:
2006-10-10

I think it's referring to Apple "throwing a strike", so to speak.....as in baseball.

Reply Parent Bookmark Score: 2

RE: Uhhh
by looncraz on Thu 20th Nov 2008 04:45 in reply to "Uhhh"
looncraz Member since:
2005-07-24

How is this a "strike" for Apple? Isn't this a good thing for them?


Yes and no.

You see, while Psystar was trying to paint Apple as a monopoly, Apple was trying to paint itself to be in a unique market, of which it had the sole right to be involved.

Psystar probably figured that if their case was dismissed, then Apple's claim would also be destroyed, thereby putting Apple into the legal light of a retail OS seller, rather than an exclusive OEM, contract-only reseller.

You see, if Apple sells its software product on the shelf ( as they do ), then there is little ability on their part to limit whom may purchase and utilize that software within the legal limits, outside of some explicit contractual obligation. Transfer of license is perfectly legal. Buying ANY piece of software and reselling ( with or without profit or bundles ) is protected by law - as it should be.

Apple was trying to claim that those laws did not apply to MacOS because it was a component of another product, and not a stand-alone product ( the only way in which Microsoft would allow them to survive, and a dubious legal position if one sells the components separately like Apple ).

So Psystar isn't going to see any money from their counter-suit, which is a win for Apple, but Apple's case has been weakened at its very foundation, a win for Psystar.

Now, this is where most of these lawsuits begin to sway to he with the most funds. Psystar now has little to no chance of having an especially profitable outcome, even if they win. They have to pay the lawyers, whose fees will be enormous.

Psystar must now be able to ensure they have no operating injunctions, and they must remain rather profitable. The publicity from the suit is helpful, and the stigma of a "loss" will have varying effects ( some people will swarm all over Psystar to try and get one of the machines before they are gone - others will prefer to stick with a company with a more certain future ).

It is at this juncture when one of the greatest fundamental flaws in the U.S. legal system is exposed: the little guy can rarely take on the bigger guy and win, even if the little guy is 100% correct, and the judge/jury agrees. At some point, the money for the lawyers runs out, and the little guy settles for some puny settlement offer out of sheer desperation. No easy way to fix this without reverting to socialist ideals ( unpopular, but often the right way to go - with a "democratic" twist ).

Personally, I'd never buy a Psystar machine. But I'd do that LONG before buying an Apple.

BTW, I bought an Apple MacOS X CD and installed it on my computer, which I may sell later, did I do anything wrong? Will I break the law when I sell my machine?

Nope - not a chance, I did everything legal-like - and so has Psystar.

--The loon

Reply Parent Bookmark Score: 6

RE[2]: Uhhh
by mightshade on Fri 21st Nov 2008 01:11 in reply to "RE: Uhhh"
mightshade Member since:
2008-11-20

I just have to say this.

Recently, I was digging through a similar thread on an Apple news site. Crawling through 200+ comments, apart from 99% "PSYSTAR GO TO HELL"-like flames I encountered only a minor piece of actual information here and there.
So I must say, your comment was the most well-informed and the most informative on that matter I've read the last few days. Thank you.

Regards

Reply Parent Bookmark Score: 1