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$399 Mac Clone Most Likely a Hoax

Posted by ScuttleMonkey on Fri Apr 18, 2008 04:42 PM
from the too-good-to-be-true-usually-is dept.
timholman writes "According to Gizmodo, an investigation has shown that the $399 OpenMac is almost certainly vaporware, as is Psystar itself. The company's address has actually changed twice this week, according to its web page, and Psystar is no longer accepting credit card transactions. Too bad for those who may have already ordered an OpenMac."

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[+] Psystar Offers $399 "OpenMac" Computer 615 comments
mytrip writes to tell us that Psystar has announced a new line of Intel-based computers that promise to run an unmodified version of Mac OS X "Leopard". Unfortunately almost immediately after the launch their website went down and as of this story remains unaccessible. "Astute readers may well hear this news and ask themselves if it doesn't sound like a Mac clone, something whose time came -- during Gil Amelio's tenure at Apple -- and went shortly after current CEO Steve Jobs assumed the helm at the company. [...] It definitely defies the EULA for Mac OS X, which specifies that the purchaser of a legal copy of Leopard is entitled to install the operating system on an Apple-branded computer. If you buy the $399 OpenMac, you can check the EULA yourself if you also buy the pre-install option, as the company includes a retail copy of Leopard with your purchase."
[+] First Psystar Mac Clones Ship 466 comments
An anonymous reader writes "According to Gizmodo, Psystar has begun shipping its Macintosh clones, thus proving that the company is not a hoax. Initial impressions seem to be positive, though Software Update does not work."
[+] Apple Suit Demands That Psystar Recall OpenMacs 84 comments
Da'Man writes "The Psystar saga takes another series of turns. Not only is the website down but an examination of the suit filed by Apple shows that the Cupertino Goliath wants Psystar to recall all Open Computer and OpenServ systems sold by the company since April. It seems that Steve Jobs is out to totally sink Psystar and put an end to Mac clones."
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  • Vaporware? Hoax? (Score:5, Insightful)

    by 26199 (577806) * on Friday April 18, @04:43PM (#23122428) Homepage

    If they've been accepting orders (and credit card numbers) for a product that doesn't exist -- isn't that called fraud?

    I know there can be concern about legal implications in making such statements... but surely the way to protect yourself is to make only statements backed up by evidence? Being vague is certainly not a way to sidestep libel laws...

    • by Ungrounded Lightning (62228) on Friday April 18, @05:08PM (#23122754) Journal
      If they've been accepting orders (and credit card numbers) for a product that doesn't exist -- isn't that called fraud?

      Only if they can't create and deliver it within 30(?) days and don't contact the people who ordered it within that time, notifying them of the delay and refunding the money of those who don't consent to the extension.

      Back in the early days of home computing a number of companies started up by selling vaporware, collecting the money, and using it to fund the development. (I don't recall if Apple was one of the companies that started up that way. But Woz and Jobs were pretty hard up for cash back at the start.)

      The FTC tightened up after some con men calling themselves "World Memory Systems" took a picture of a few chips sitting on an unstuffed PC board, ran an ad claiming it was a new peripheral board providing four serial and one parallel port for Altair/Imsai home computers (with a name, 4S+P, similar to another popular product, 4P+S), and pulled a major fraud.
        • Libel laws have a lot to do with it if you say someone is committing fraud and they aren't...
          Libel's only possible if:

          1: It's not true
          2: A reasonable person wouldn't conclude that it is true.
          3: A different reasonable person might believe that you're telling the truth.
          4: Said person's disbelieve causes harm to the libelee.

          Slander and Libel are pretty tough things, but like Assault, they require a common sense test. (Accidentally bumping into someone on a crowded street is not Assault, even if they scream their head off.)
  • by Gat0r30y (957941) on Friday April 18, @04:51PM (#23122550) Homepage Journal
    Cnet has this article [news.com] which goes into a little more detail. From what I've gathered it seems they "just moved" to the new building, and got the address wrong the first time (this sort of explains why they put up 3 addresses in 2 days if you buy it). It seems they had to switch payment processing companies from Powerpay to PayPal, because of the rights infringement stuff. But I doubt PayPal's policy is going to be different. Whats next? Cashiers checks to Nigeria?
  • by Nom du Keyboard (633989) on Friday April 18, @04:53PM (#23122576)
    It's all a nefarious plot by Apple to discredit the very idea of clones running OS-X. Who would ever trust one again after this?

    As far as paying by credit card goes, you're likely protected by your card company against fraud so you shouldn't be too concerned there.

  • This story is what, a week old? "Wow here's a story about a company that I have never heard of selling suspiciously cheap Mac compatible computers! I hope I don't melt my credit card taking it out of my wallet so fast!" I've no doubt that probably a lot of people may have gotten taken here, but I'm just having trouble understanding why anyone would be so quick to order something like this that just comes completely out of the blue. I mean at least wait a couple months for Tom's Hardware to review one or something.
  • by jsnipy (913480) on Friday April 18, @05:01PM (#23122678) Journal
    ... people have bought a true Mac Air ;)
  • by BattleApple (956701) on Friday April 18, @05:32PM (#23122978)
    I'll be receiving a P-p-p-powerbook from them any day now.. it has firewire!
        • by node 3 (115640) on Friday April 18, @06:46PM (#23123570)

          I can see you put a lot of thought into that reply.
          An odd criticism given your original post was just a regurgitated platitude.

          No, it's not ok. But I'm certainly not going to be offering any sympathy to anyone who was stupid enough to pay for one.
          So, you are saying you have no sympathy for victims of fraud?

          There's nothing wrong with criticizing the good sense of people who fall prey to a scam, but I find it difficult to come up with a non-contrived situation where the poor judgement, ignorance, or even stupidity, of someone who falls prey to fraud or a scam is sufficiently damnable as to justify the crime committed by the fraudster/scammer. How can you have no sympathy for an unjustified crime?

          It seems to me either they deserved what happened and deserve no sympathy, or they don't deserve what happened and thus deserve at least some sympathy.
        • You either agree to this license, or you have no right to install the software.

          Bullshit. You bought it - you have the right to install it. I have old books that say you're not allowed to resell them, but that's BS too.

          Ok, you can put an "Apple" label on your computer. Then you're in worse trouble with a trademark infringement :-)

          Not if you put them on your own computer, you're not. Trademark only kicks in when you're trying to pass something off as something else. There's an Apple sticker on my wife's minivan, but we're clearly not infringing anything.

          This is not some nebulous "shrink wrap license are not enforceable" concern. If *any* license that is granted as a result of copyright is valid (hint, GPL, creative commons, SCSL), then this one is.

          Does Steve Jobs tuck you in at night or something? No. You're flat-out wrong. That is exactly one of those dumb EULA concerns, especially when you're trying to mingle it with copyright. As you bought the software, you have the legal right to use it so long as you're not installing it on a bunch of machines or distributing copies. It's kind of sad and scary that presumably rational people will try to argue otherwise.