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Apple Believes Someone Is Behind Psystar

Posted by CmdrTaco on Thu Dec 04, 2008 10:47 AM
from the put-on-your-foil-hats dept.
rgraham writes "From the article on Growler: 'Apple apparently believes that somebody else is behind Psystar, which might help to explain why a major law firm would take on what seems like a fly-by-night's case; also why Psystar has been so bold in continuing to sell its products. I knew this thing felt funny. As Alice in Wonderland might put it, "It gets interestinger and interestinger."'"
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  • Folowing the money (Score:5, Insightful)

    by actionbastard (1206160) on Thursday December 04 2008, @10:50AM (#25989445)
    That's all the amended filing is doing is covering all bases by looking for anyone with deep pockets who may be bankrolling Psystar.
    • by mevets (322601) on Thursday December 04 2008, @12:52PM (#25991483)

      I bet Wozniak finally snapped and is doing this out of spite.

    • Apple is behind it! (Score:5, Interesting)

      by goombah99 (560566) on Thursday December 04 2008, @12:57PM (#25991567)

      Apple probably hired pystar to create a weak but precedent setting test case they could smash.

      More seriously,
      one can claim pystar is somehow a good value or something but this takes sheer cognative dissonance since it's impossibly far from the truth.

      THat is to say, if you are buying an apple it's either for aethetics, ease of use for grandma or the volunteers at your non-profit, or compatibility, or the relatively low cost of tech support, set up, and training.

      Now let's think about this. Does pystar meet any of those features? uh.... No. not one. they are loud, highly idiosyncratic, hard to keep updated, and a support nightmare, and many softwares and hardware devices won't work.

      What's the market? cheapness? well certainly not at the low end. And at the high end--well it you want performance and dont care about comptibility then get a PC or a linux machine?

      it's the OJ simpson defense: it does not fit.

      But Apples implication that it's just a loss leader. Shove anything out the door so you can get a foot in the door makes a lot more sense.

  • It's true. (Score:5, Funny)

    by teamhasnoi (554944) <teamhasnoiNO@SPAMyahoo.com> on Thursday December 04 2008, @10:50AM (#25989451) Homepage Journal
    It's me. shhh.
  • by Blorgo (19032) on Thursday December 04 2008, @10:50AM (#25989453) Homepage

    "From the article on Growler" ? Rob, you turned on spell check? That coudln't be!

  • by liraz (77590) * <liraz@turnkeylinux.org> on Thursday December 04 2008, @10:50AM (#25989455) Homepage

    These are pretty serious allegations, but if it's true it wouldn't be the first time this has happend.

    Hmmm... I wonder who would have the most to gain by undermining Apple. Could it possibly be a major corporation with an infamous [linux.com] track record of attacking [boycottnovell.com] its competition by proxy [channelregister.co.uk]?

    • by glop (181086) on Thursday December 04 2008, @11:15AM (#25989839)

      Yeah right! Microsoft can't wait till everybody can buy MacOS X for their PC!
      And what joy it would be to them if Psystar could invalidate the EULA so that Dell could then ship their PCs with MacOS X!

    • by Sloppy (14984) on Thursday December 04 2008, @11:19AM (#25989893) Homepage Journal
      I can't believe it would be them. Undermining EULAs hardly serves MS's interests. On this case, I would expect Apple and Microsoft to be allied and want the same outcome: that people agree (lawyer speak) to contracts that they never actually agreed (laymen speak) to.
    • by lymond01 (314120) on Thursday December 04 2008, @11:38AM (#25990249)

      I wonder who would have the most to gain by undermining Apple

      Isn't it obvious? The Pear has been looking for vindication ever since the William Tell incident. And don't even get them started on the whole "discovery of gravity" thing...

      • by jellomizer (103300) on Thursday December 04 2008, @11:15AM (#25989833)

        Well... The last time Mac OS had a licence for 3rd party use. Apple almost died from it. But also it can be a case to discredit the value of OS X. By opening the legal floodgates for having OS X compete on the same level that MS does gives MS and advantage as Windows tends to run better on Crappy (not necessarily slow but 3rd party rip off, or the product that do not have full functionality, eg. celerons ) hardware. And being that OS X doesn't have drivers for all the different platform options and the hardware makers already grudgingly make the drivers for Microsoft. Will make OS X run more unstable and flakier then Windows. Thus having Apple to loose a competitive advantage. However this is rather a complex marketing strategy. I would suspect the funding for the law suits were probably from companies like Dell, HP, Lenovo who just want to be able to ship OS X on their platforms so they can be Hip and Trendy too. Also not be stuck with Windows.

  • by gEvil (beta) (945888) on Thursday December 04 2008, @10:54AM (#25989521)
    Y'know what? I'll do them one better and say that I am ABSOLUTELY POSITIVE that someone is behind Psystar. You'd have to be an idiot to think that it was an entity that ran itself with no human intervention....
  • by saterdaies (842986) on Thursday December 04 2008, @10:56AM (#25989553)

    There are lots of PC companies that probably see Windows as a bit of a stumbling block to future sales. Dell has definitely said that it would like to sell machines with OS X. Should a court rule that Apple does not have the right to restrict OS X to its own hardware, that would open the floodgates to major manufacturers including Dell and HP to selling machines with OS X. It's not that hard to imagine one of those companies throwing money at a legally separate LLC/Inc that could bring the issue before a court. Should they [Psystar] loose, small loss. Should they win, those companies get a new product to sell in a market clamoring for Apple stuff.

    • by gad_zuki! (70830) on Thursday December 04 2008, @11:22AM (#25989955)

      Or maybe by someone who wants to save us from Apple's ridiculous and limiting EULA shrinkwrap nonsense.

      >Should they win, those companies get a new product to sell in a market clamoring for Apple stuff.

      That's true, but we also get a whole hell of a lot more consumer rights. Imagine being able to return software for a refund! Or running the software you paid for on anything you like. Or selling it. You know, the basic consumer rights we take for granted for everything except software.

      Freedom to tinker and freedom to use is bigger than Apple. Much bigger.

    • by UnknowingFool (672806) on Thursday December 04 2008, @11:39AM (#25990251)
      Apple is alleging 2 things which, if either is proven, means that Psystar would lose.
      1. Psystar modified OS X to run on these machines.
        Psystar does not have permissions to modify OS X and resell it.
      2. Psystar is distributing patches.
        Psystar was never given permission to redistribute OS X.

      Whether Apple should be forced to sell to their competitors is another matter. As it stands now, legally Apple has a case.

        • by girlintraining (1395911) on Thursday December 04 2008, @11:42AM (#25990311)

          I do believe a little ruling a few years ago basically said no, Microsoft CANT do that. This is why Dell and HP have been able to sell Linux and Unix systems on top of their Microsoft OEM products.

          No, Microsoft couldn't contractually force them to sell only Windows. That doesn't mean they can't just say "we're not giving you a discount anymore and we're not saying why." You think people that are fired for being gay are ever told that's why? Or people that are profiled by the police are told "We pulled you over because you're black"? There's always been ways around laws that say you can't do X for reason Y, because there's always reason Z, which is what everyone will claim was the reason, never Y.

  • by Vinegar Joe (998110) on Thursday December 04 2008, @10:57AM (#25989559)

    It can only be Amiga.

  • Hmm (Score:5, Funny)

    by girlintraining (1395911) on Thursday December 04 2008, @10:57AM (#25989575)

    I think Jobs has been hitting the egg nog a bit early this year. Wizard of Oz stuff and backroom deals is really more the providence of large corporations like the one he's a member of, not small businesses that are trying to find a niche to grow in. But at least the fanboys who go along with this line of thinking will look even more ridiculous than usual, which is a nice stocking stuffer for those of us that have gotten about as sick of these "Hi, I'm a PC" commercials as the whistling guy on about "natural male enhancement". Heh. "Mystery men out to ruin Jobs!" Really, sometimes the right hand (marketing) doesn't know what the left (legal) is doing with that company...

  • I had to see da wiki (Score:5, Informative)

    by mcgrew (92797) * on Thursday December 04 2008, @10:59AM (#25989593) Journal

    I haven't heard of this particular bruhaha or indeed, Psystar itself. TFA had few clues, it was apparently not its first blog about Psystar. So if anyone else is curious, I'll quote and link [wikipedia.org]

    Psystar Corporation is an electronics company based in Miami, Florida which sells surveillance and communication equipment, and, most popularly, "Open Computers". These computers, first announced in April 2008, have the option to be pre-installed with Mac OS X Leopard, making them the first commercially-distributed hackintoshes.[1]

    The end-user license agreement for Mac OS X forbids third-party installations of Leopard, and Psystar's Mac clone is in violation of that agreement.[2] However, Psystar believes Apple's prohibition against third-party installations might not hold up in court: "What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?"[2] Psystar says it will continue to sell the Open system, adding "We're not breaking any laws."[2]

    On July 3rd, 2008, Apple filed a lawsuit against Psystar in the District Court of Northern California.[3] A case management conference was scheduled for October 22nd to plan out future proceedings of the trial.

    On August 28th, 2008, Psystar Corporation responded to Apple's claims of copyright infringement, and also countersued Apple for anti-competitive practices, monopolistic behavior, and copyright misuse.[4][5] This countersuit was dismissed on November 18, 2008.[6]

  • by Starturtle (1148659) on Thursday December 04 2008, @11:02AM (#25989643) Homepage
    It's not unusual to add unknown defendants to an action where all the tortfeasors are not known yet. This is simply a precautionary measure to ensure that Apple can bring a claim for damages against a party unknown to them should, through out the course of the proceedings, it is found that an unnamed defendant arises. By not adding an unknown party, would leave them in a situation where they would have to reinitiate the process from the start. As someone stated earlier it's simply a case of covering all bases.
  • by NtroP (649992) on Thursday December 04 2008, @11:02AM (#25989649)

    Do you suppose it might be someone like Dell interested in testing the waters anonymously?

    Not saying it's Dell or HP but I know they are in a bit of a pinch lately and I'd bet they believe they could out-compete Apple on margins and use their name-recognition to get the unwashed masses to switch. Imagine a Dell that could run Linux, Windows and OS X out of the box for $500.00. People would be switching left and right. Many Windows users could give a crap about aesthetics or build-quality so they'd not hesitate to go with Dell. Also, Pystar is selling servers, which is another area Dell is big in that could benefit from a broader selection. Apple would lose for sure unless they started selling OS X client for $500.00 a pop and server for $1000.00. But Dell would never risk "testing the waters" themselves, so when they see this little upstart come along, it's in their best interests to support them and help them succeed.

    1. Support PyStar quietly in the background
    2. if they gain traction "buy" Pystar
    3. diversify their offerings so as not to miss the mac surge and have leverage with MS
    4. ...?
    5. Profit
  • Biased much? (Score:5, Insightful)

    by Just Some Guy (3352) <kirk+slashdot@strauser.com> on Thursday December 04 2008, @11:10AM (#25989765) Homepage Journal

    which might help to explain why a major law firm would take on what seems like a fly-by-night's case

    I have no interest in Psystar's products but that doesn't mean they're illegitimate. The biggest allegation I've heard on Slashdot is of them pirating OS X, but I've seen no proof that they've sold more copies than they've bought. I don't get the double standard of why Compaq's cloning of the PC was good while Psystar's cloning of the Mac is bad, other than Steve's reality distortion field.

    • Re:Biased much? (Score:5, Informative)

      by B1 (86803) on Thursday December 04 2008, @11:24AM (#25989985)

      The deal is that Compaq reversed engineered IBM's BIOS -- the only part of the design that was a trade secret. Everything else with the PC was very well documented and easily reproduced. The BIOS calls were already well documented. All Compaq needed to do was come up with a fully compatible BIOS without using IBM's code. Compaq came up with workalike BIOS using clean room techniques (or was it Phoenix technologies or some other shop -- I don't remember). I'm sure IBM fought tooth and nail, but they obviously weren't successful.

      As for Apple vs. Psystar, it's quite different, the issue is that Psystar is violating Apple's software license agreement (that the OSX software will only be used on Apple-branded hardware). There are software checks in OSX to verify the hardware is Apple's, which means that Psystar would have to patch OSX to bypass those checks, and then distribute the modified code as their own OS.

      Had Psystar somehow reverse engineered OSX with clean-room techniques to produce their own fully compatible workalike, this might be a very different case.

      Also, copyright laws have changed quite a bit since 1981. I don't know if Compaq would have been able to legally clone the PC with today's laws.

  • by ajlitt (19055) on Thursday December 04 2008, @11:16AM (#25989863) Homepage

    That's right, Power Computing. They thought they could force their way back into the 3rd party Apple market. And they would have done it, too, if it weren't for those meddling Cupertino lawyers.

  • Conspiracy (Score:5, Funny)

    by kenp2002 (545495) on Thursday December 04 2008, @11:17AM (#25989875) Homepage Journal

    The Rothschild family, in order to destablize the US economy consipired with the Free Masons and the Illuminati to draw out Apple into a court case with Pystar to get anti-trust measures against Apple. The Skull and Bones and Pathagarians partnered to get the 'proper' judge and law firms involved because Steve Jobs refused to cowtow to the Grand Viceroy of the Pathagarians at a secret meeting in Prague.

    Once the Osirians and Golden Dawn are placatied by Jobs with the seasonal sacrific they may interviene on behalf of Jobs but that depends if the New Dawn are not stopped by the rebel Crowley and the Keepers of the Flame. Since the New Dawn and Golden Dawn have been fighting since the 1950s after Crowley defected from the Golden Dawn!

    If only the Sons of Liberty would put an end to this maddness with the help of the Neo-Templars! In the mean time we'll have to rely on government alien-hybrid psychics to try and mentally manipulate the court...

  • by Enderandrew (866215) <enderandrew AT gmail DOT com> on Thursday December 04 2008, @11:22AM (#25989949) Homepage Journal

    Apple realizes that companies are run by people.

    • Re:Awwww... (Score:5, Funny)

      by neoform (551705) <djneoform@gmail.com> on Thursday December 04 2008, @10:54AM (#25989507) Homepage

      Vista sales weren't very good, maybe Microsoft figured they could make more money selling macs.

      • sounds familiar (Score:5, Insightful)

        by je ne sais quoi (987177) on Thursday December 04 2008, @11:08AM (#25989737)
        You know, this sounds really familiar. Oh yeah [slashdot.org]. Maybe now that SCOX is mostly dead the Microsoft dirty tricks shell corporations (e.g., Baystar) are looking for a new game.
        • Re:Awwww... (Score:5, Interesting)

          by theaveng (1243528) on Thursday December 04 2008, @12:26PM (#25991043)

          QUESTION:

          Why is it illegal to clone Apple Macintosh computers, but it was not illegal to clone the IBM PC? Why is Apple protected, but IBM was not? What's the distinction?

          • Re:Awwww... (Score:5, Informative)

            by fidget42 (538823) on Thursday December 04 2008, @12:36PM (#25991235)

            QUESTION:

            Why is it illegal to clone Apple Macintosh computers, but it was not illegal to clone the IBM PC? Why is Apple protected, but IBM was not? What's the distinction?

            Because IBM made the mistake of not getting an exclusive license to DOS.

          • Re:Awwww... (Score:5, Informative)

            by dougisfunny (1200171) on Thursday December 04 2008, @12:41PM (#25991325)

            I always thought the problem was with the software (only allowed to run on a mac) and not the hardware.

            Pystar is selling software on the clones, I seem to recall that being the basis of the case.

          • Re:Awwww... (Score:5, Insightful)

            by Anonymous Coward on Thursday December 04 2008, @12:48PM (#25991427)

            QUESTION:

            Why is it illegal to clone Apple Macintosh computers, but it was not illegal to clone the IBM PC? Why is Apple protected, but IBM was not? What's the distinction?

            ANSWER:

            The IBM PC was generic hardware with an operating system owned by Microsoft, and Microsoft didn't have any agreement that precluded them from working with other companies. OSX is an operating system owned by Apple which Apple is not willing to license to other companies.

          • Re:Awwww... (Score:5, Informative)

            by jeffmeden (135043) on Thursday December 04 2008, @12:54PM (#25991519) Homepage Journal

            You can "clone" a Mac all you want. Hell, at this point the Mac brand is more or less a clone of a PC anyway. Copy it and sell it all you want, just don't use any Apple branding on it. The kicker here is the software. OS X has a nice friendly EULA which stipulates that the software can only legally be run on Apple brand hardware. Despite the fact that you are buying a program to do with what you please, and it only takes a minor amount of circumventing to allow it to run on non-Apple hardware, it is illegal nonetheless. That is, if you believe EULAs are binding in the first place.

            No comment on that.

    • Re:Awwww... (Score:5, Insightful)

      by Austerity Empowers (669817) on Thursday December 04 2008, @11:10AM (#25989777)

      I would think Dell, HP, Toshiba, Sony etc. not MS, whose world domination strategy still centers around Windows.

    • Re:Awwww... (Score:5, Informative)

      by AKAImBatman (238306) * <(akaimbatman) (at) (gmail.com)> on Thursday December 04 2008, @11:25AM (#25989997) Homepage Journal

      ...are they implying that Microsoft has something to do with this?

      From an earlier Groklaw article:

      On the theme of folks piling on Apple lately, here's a new lawsuit against Apple, claiming Apple is trying to monopolize MP3s. And here's another, complaining about monopoly again and how Apple is such a meanie for not letting iTunes play Microsoft's DRM-encrusted format, Windows Media Audio. I've come to the conclusion, personally, that if you compete against Microsoft and start to win, you get sued by litigants who suddenly care about stuff only Microsoft can possibly care about. Speaking of monopolies. Complaining that iTunes on the iPod doesn't support Microsoft DRM doesn't pass my sniff test. I simply do not believe there is a customer in the world that would sue over that.

      Just my opinion, folks. But I confess when I see a lawsuit complaining that DRM won't play, I start to wonder who might really care about that. I know I don't. I don't know anyone who cares about that, actually. That's what vendors fall in love with, not customers. Maybe in an alternative universe. And lookee here. The plaintiff is a lawyer. Well.

      http://www.groklaw.net/article.php?story=20081019133549359

      P.J. definitely has a point here. As such, Apple may have a point in their filing. The question is, how far abstracted from Psystar are the parties that Apple is really looking for?

      • Re:Awwww... (Score:5, Interesting)

        by Keith Russell (4440) <keith DOT russell AT gmail DOT com> on Thursday December 04 2008, @12:22PM (#25990985) Homepage Journal

        Complaining that iTunes on the iPod doesn't support Microsoft DRM doesn't pass my sniff test. I simply do not believe there is a customer in the world that would sue over that.

        1. Joe Baggadonuts buys a PlaysForSure-compatible media player
        2. Joe accumulates a large collection of PlaysForSure-encrusted songs
        3. Joe's kid breaks the media player
        4. Joe sees that iPod is "compatible" with Windows Media files
        5. Joe buys an iPod
        6. (Joe misses fine print stating that iTunes converts WMA to AAC)
        7. (Joe misses fine print stating that iTunes will not convert DRM-encrusted WMA files)
        8. Joe realizes that none of the songs he bought for his old player work anymore
        9. LAWSUIT!

        PJ can be a little paranoid sometimes. God bless her, she's got a good heart, but it occasionally outraces her brain.

        Then again, have we seen this yet?

        1. Joe Baggadonuts buys a PlaysForSure-compatible media player
        2. Joe accumulates a large collection of PlaysForSure-encrusted songs
        3. Joe's kid breaks the media player
        4. Joe sees that Zune is also by Microsoft
        5. Joe buys an Zune
        6. (Joe misses fine print stating that Zune doesn't use PlaysForSure DRM scheme)
        7. (Joe misses fine print stating that PlaysForSure licenses can't be converted to Zune Store)
        8. Joe realizes that none of the songs he bought for his old player work anymore
        9. LAWSUIT?
      • by MBGMorden (803437) on Thursday December 04 2008, @11:42AM (#25990305)

        Yes, but when talking PC MANUFACTURERS, Dell and HP have a serious competitor in Apple. Much of that attractiveness that Apple has compared to their offerings is in their operating system. In effect, Apple can manage to jack up the price and offer an extremely limited number of hardware options, but still pull in sales due to an advantage that Dell and HP simply don't have access to.

        Eliminating that advantage would do a lot to drive some Apple customers to Dell and/or HP. At the same time, a lot of people with Windows systems that they don't want to replace might jump at the chance to replace it with a Mac(TM) by Dell or Mac(TM) by HP.

        Either way, if this decision went in favor of Pystar, I don't see it being anything but good for the other major computer manufacturers.