Linked by Thom Holwerda on Mon 5th Oct 2009 21:45 UTC, submitted by JayDee
Hardware, Embedded Systems Just when you thought you saw it all. So, we all know about Psystar, the two lawsuits between them and Apple, and all the other stuff that's been regurgitated about ten million times on OSNews alone. Well, that little company has taken its business to the next level - by announcing an OEM licensing program.
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Oh no..
by DrDankenstein on Mon 5th Oct 2009 21:55 UTC
DrDankenstein
Member since:
2009-09-07

well if psystar thought they could get in more bullshit: that is piled higher and deeper, this sure is a sure bet!

Unfortunately im sorta torn in this matter, if psystar dev'd their own boot loader, thats cool, if they are making a hack off of the OSX86 Community's blood sweat and tears then im pissed. Im hoping this doesnt turn into a efix debacle.

should we start placing bets on when apple will come crasing down on them in a hell fire and brimestone laden wrath? or will apple actually make a public press conference about how they are pissed at people building hackintoshes?

Surprisingly apple has not made any sort of public disclosure about hacktosh boxen, and or publicly acknowledged their existance other than in the form of bricked updates.

dr. d

Reply Score: 0

RE: Oh no..
by WereCatf on Mon 5th Oct 2009 22:18 in reply to "Oh no.."
WereCatf Member since:
2006-02-15

should we start placing bets on when apple will come crasing down on them in a hell fire and brimestone laden wrath?

Even if Apple wanted to do that there is actually very little they can do. They are trying to stop PsyStar as much as they can, but they can't ever completely shut them down, and OSX86 is completely open-source and doesn't contain any violating code so there's even less they can do about that.

I am personally only interested in the legal circumstances about this; what will the court decide about PsyStar's practices, what are the ramifications of it and so on. I have no personal interest in ever owning a Hackintosh.

Reply Parent Score: 3

RE[2]: Oh no..
by Mellin on Mon 5th Oct 2009 22:21 in reply to "RE: Oh no.."
Mellin Member since:
2005-07-06

apple could add enter your macs serial number to install

Reply Parent Score: 3

RE: Oh no..
by alcibiades on Tue 6th Oct 2009 08:44 in reply to "Oh no.."
alcibiades Member since:
2005-10-12

should we start placing bets on when apple will come crasing down on them in a hell fire and brimestone laden wrath? or will apple actually make a public press conference about how they are pissed at people building hackintoshes?

Surprisingly apple has not made any sort of public disclosure about hacktosh boxen, and or publicly acknowledged their existance other than in the form of bricked updates.


Won't happen. All they would do by public pronouncements is incite people to make hackintoshes. And this last move is an act of genius which must have been inspired by the new Psystar legal team.

The problem is, there is no copyright infringement going on, as long as it is either the end user and owner of the retail copy who does the installation, or some one acting with his authorization. See Title 17 S117 for the US law on the subject, and see Softman and recently Vernor vs Autodesk for case law on whether purchased retail copies are owned or licensed.

The only thing which is open to civil suit is thus that the installer is violating the EULA clause that mandates your hardware must be sourced from Apple.

So if Psystar simply certifies that a machine will work with OSX, and the end user then does the installation himself, its the end user who is violating the EULA. It is the end user who clicks through and enters into the secondary contract with Apple, and who breaks one of the terms. It is thus the end user who will have to be sued.

Welcome to the public relations world of the RIAA. Lets see what it does to Apple's image to be suing hundred, thousands, tens of thousands, maybe hundreds of thousands, of end users, all of them legitimate customers who have bought retail copies of OSX, but have just bought their hardware someplace else.

This is dead in the water. A brilliant strategem. One looks forward to seeing Apple's response, but its hard to see what could work against this one.

Reply Parent Score: 7

RE[2]: Oh no..
by wirespot on Tue 6th Oct 2009 10:21 in reply to "RE: Oh no.."
wirespot Member since:
2006-06-21

Ah, but what about the DMCA? It could be argued that Psystar is providing tools to circumvent Apple's methods of preventing OS X from running on non-Apple hardware. Recent lawsuits have decided that it doesn't even have to be good protection, just be there. And you're not allowed to break it.

But this aside, Psystar would simply do what the hackintosh forum is doing. Except they do it for money. Apple's biggest problem has always been the hardware clones. Apple sells hardware. Their OS is just the added value to make that hardware more attractive. If end users want to tinker with OS X themselves, they're fine with it. But if a rival company tries to hurt their hardware sales, that's another thing.

I personally feel that if I device a really nice piece of hardware, and also a nice piece of software to go with it, and make a nice profit out of selling the two, it's entirely my merit. I don't see why someone else should be able to sell much cheaper hardware with MY software and undercut my business. They can build their own software and God bless them. So I'm with Apple in spirit on this one.

Reply Parent Score: 2

RE[2]: Oh no..
by rockwell on Tue 6th Oct 2009 14:04 in reply to "RE: Oh no.."
rockwell Member since:
2005-09-13

//Won't happen. All they would do by public pronouncements is incite people to make hackintoshes.//

Er .. yah, incite maybe 200 people to make hackintoshes, in the grand scheme of things.

The number of folks that would go to the trouble of actually doing that is SO LOW compared to the number of folks how would buy a Mac, it's not even funny.

It's plainly obvious: Apple could care less about hackintoshes, because they know that the OVERWHELMING majority of computer users would rather buy a Mac than build one.

Edited 2009-10-06 14:04 UTC

Reply Parent Score: 2