Linked by Thom Holwerda on Mon 9th Feb 2009 20:55 UTC, submitted by poundsmack
Legal The legal case between Apple and Psystar has just taken another, very small turn. Psystar gained a small victory over Apple today, because U.S. District Court Judge William Alsup allowed Psystar to modify its counter-suit against Apple, after he had dismissed the original counter-suit. However, something more interesting came out of this ruling: the judge hinted at what would happen if Psystar were to win.
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If Pystar win...
by mrhasbean on Tue 10th Feb 2009 01:37 UTC
mrhasbean
Member since:
2006-04-03

Apple will just change their distribution model for the software. As has already been stated here Apple make most of their profit from Hardware, so they make new versions of OSX only available as upgrades for registered owners of Apple computers and tie it to the hardware. Either that or they will restructure their pricing to be more like Mocrosoft's, a retail version that sells for "OMG that much!" and an OEM version that is only available to registered owners of real Macs.

And on the point of OEM, I can't see how Pystar could win this case without there being implications for Microsoft's OEM program because effectively it does the same thing, ties a piece of software to a specific piece of hardware. Surely a ruling in Pystar's favour here would eventually mean I can install my OEM Windows on whatever box I see fit?

Reply Score: 1

RE: If Pystar win...
by darknexus on Tue 10th Feb 2009 03:32 in reply to "If Pystar win..."
darknexus Member since:
2008-07-15

And on the point of OEM, I can't see how Pystar could win this case without there being implications for Microsoft's OEM program because effectively it does the same thing, ties a piece of software to a specific piece of hardware. Surely a ruling in Pystar's favour here would eventually mean I can install my OEM Windows on whatever box I see fit?

Different situations. OEM Windows is only licensed for one computer, but Microsoft isn't telling you what computer you must install it on. You get one install of an OEM license, you can pick whatever computer you wish to be that install. If it's OEM restore disks you're talking about, that's the OEM tying that restore disk to the hardware. That's not Microsoft's doing, that's the OEM.
Apple, by contrast, says in their eula that you may not install OS X onto non-Apple hardware. They're telling you flat out what hardware on which you can and cannot install OS X, and they are contending that breaking or hacking around this limitation is unlawful.
Quite a bit of difference there.

Reply Parent Score: 2

RE[2]: If Pystar win...
by mrhasbean on Tue 10th Feb 2009 21:14 in reply to "RE: If Pystar win..."
mrhasbean Member since:
2006-04-03

Different situations. OEM Windows is only licensed for one computer, but Microsoft isn't telling you what computer you must install it on. You get one install of an OEM license, you can pick whatever computer you wish to be that install. If it's OEM restore disks you're talking about, that's the OEM tying that restore disk to the hardware. That's not Microsoft's doing, that's the OEM.


OEM meaning Original Equipment Manufacturer - so THEY determine what computer it goes on. You have no choice what computer to install it on. You cannot legally purchase an OEM license with a computer and install it on a different computer. In fact if you are the M in the OEM bit you are expected by Microsoft to remove the label from the license agreement and attach it to the case of the computer before it is supplied to the customer. It then contravenes Microsoft's license agreement to install that license on another computer or transfer that label (and therefore license) to another computer. Further, and major component upgrade to that computer nullifies that license. I can see no difference here.

Reply Parent Score: 1

RE: If Pystar win...
by Soulbender on Tue 10th Feb 2009 11:27 in reply to "If Pystar win..."
Soulbender Member since:
2005-08-18

And on the point of OEM, I can't see how Pystar could win this case


Well, you see, Psystar has no OEM agreement with Apple. They buy OSX retail. OEM or not does not matter for this case at all.
You dont have to be have an OEM contract to sell boxes with Windows on them either, it just that you get good price breaks and other benefits if you are.

Reply Parent Score: 2

RE[2]: If Pystar win...
by mrhasbean on Tue 10th Feb 2009 21:40 in reply to "RE: If Pystar win..."
mrhasbean Member since:
2006-04-03

"And on the point of OEM, I can't see how Pystar could win this case


Well, you see, Psystar has no OEM agreement with Apple. They buy OSX retail. OEM or not does not matter for this case at all.
You dont have to be have an OEM contract to sell boxes with Windows on them either, it just that you get good price breaks and other benefits if you are.
"

Do you always quote people out of context so that you can have your 2c worth? If you are going to quote something, quote the whole sentence - you know - so that people can actually see the whole context of what was written.

As was written in the original, that you chose to butcher, Apple's option here is to do what Microsoft currently do which is significantly inflate the price of their retail version so that companies like Pystar can't use an OEM priced version on their systems without first agreeing to some OEM style distribution agreement.

The point of the original, which you chose to eliminate, was that there is really no difference between Apple's RETAIL license and Microsoft's OEM license from an end user perspective - they both have restrictions on what hardware they can be used with, so if Pystar were to win this case it would surely have to eventually have an impact on Microsoft's OEM license.

Reply Parent Score: 1