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Apple & Psystar try to avoid trial in 2010

Grant Steele   on 10 October 2009 - 02:53 · 26 comments & 4779 views

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Apple and Psystar this week both requested summary judgements in the ongoing legal battle about Psystar's legal right to produce and sell Macintosh clones.

In its motion for summary judgement, Apple has requested that Judge William Alsup find that Psystar infringed its copyrights, thereby violating the Digital Millenium Copyright Act, when selling its unofficial macintosh machines. Apple claims that by circumventing its operating system disc protection methods, Psystar is in breach of the law.

Psystar, on the other hand, asked in its motion for summary judgement that Judge Alsup consider a range of evidence inlcuding exerpts from dispositions from several Apple executives, including Senior Vice President of Worldwide Product Marketing Phil Schiller, and end user license agreements (EULA) for both Mac OSX 10.5 and Mac OSX 10.6.

Two hearings have been booked for November 12. Depending on the outcome, these hearings may determine whether or not Apple and Psystar will need to go to trial, currently scheduled for January 2010.

Psystar have generated a lot of media coverage in the case, particularly in July when the business hired a new legal defense team after emerging from bankruptcy earlier in the year.

Earlier this week, Psystar announced its intentions to license its virtualisation technology to third parties, which will allow other manufacturers to produce machines capable of running Mac OSX.

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(7 replies) #1 DarkNovaGundam on 10 Oct 2009 - 03:31
I hope Pystar wins all of this in all honesty. I run Windows 7 Ultimate (legally) and I love it, I also run OS X 10.5.8 (hackintosh) and love it.

Though its tiring to have to use patches specifically designed for hackintoshs.
#1.1 cabron on 10 Oct 2009 - 13:47
DarkNovaGundam said,
I hope Pystar wins all of this in all honesty. I run Windows 7 Ultimate (legally) and I love it, I also run OS X 10.5.8 (hackintosh) and love it.

Though its tiring to have to use patches specifically designed for hackintoshs.


But Apple is mostly a hardware company, they just can't license an OS that run in their specific hardware, its like telling Sony to sale to any manufacturing their OS that run in PS3. It can't happen, it is designed specifically to run in their hardware. Windows in the other hand is made by Microsoft and they are mostly a software company, their profit come from license their software to different manufacturing. So Apple and Microsoft have different type of business model.
#1.2 kaffra on 10 Oct 2009 - 13:54
cabron said,
DarkNovaGundam said,
I hope Pystar wins all of this in all honesty. I run Windows 7 Ultimate (legally) and I love it, I also run OS X 10.5.8 (hackintosh) and love it.

Though its tiring to have to use patches specifically designed for hackintoshs.


But Apple is mostly a hardware company, they just can't license an OS that run in their specific hardware, its like telling Sony to sale to any manufacturing their OS that run in PS3. It can't happen, it is designed specifically to run in their hardware. Windows in the other hand is made by Microsoft and they are mostly a software company, their profit come from license their software to different manufacturing. So Apple and Microsoft have different type of business model.


what is apple hardware? the enclosure, bios?
#1.3 cabron on 10 Oct 2009 - 14:00
kaffra said,
what is apple hardware? the enclosure, bios?


They design the computer, ipods, Apple TV, Servers, etc. they don't use Bios in their computers, they use a modified EFI implementation.
#1.4 GreyWolfSC on 10 Oct 2009 - 14:49
OS X will run fine on any Intel-compatible hardware. They don't design it specifically for their hardware, they write drivers only for the hardware they choose to for builds. There's a big difference.
#1.5 +dead.cell on 10 Oct 2009 - 19:03
Also, if I'm not mistaken, Apple currently sells OS X by itself. This is not comparable to Sony's PS3 OS which is not available on the market at all.
#1.6 cybertimber2008 on 10 Oct 2009 - 23:07
dead.cell said,
Also, if I'm not mistaken, Apple currently sells OS X by itself. This is not comparable to Sony's PS3 OS which is not available on the market at all.

You are indeed mistaken. It sells OS X upgrades as far as I understand.
#1.7 Magallanes on 11 Oct 2009 - 00:57
cybertimber2008 said,
You are indeed mistaken. It sells OS X upgrades as far as I understand.


Apparently not.

http://www.amazon.com/Mac-OS-Version-10-5-...d/dp/B000FK88JK

While it is sell as a update but they also sell it as a complete install.
#2 carmatic on 10 Oct 2009 - 04:56
so if psystar has their way, there will be not just one psystar, but as many as there are people who want to do the same thing? go psystar!
(2 replies) #3 Windows7even on 10 Oct 2009 - 06:04
about time the apple fell from tree
#3.1 iamwhoiam on 10 Oct 2009 - 06:23
...and lay rotting on the ground.
#3.2 Tim Dawg on 10 Oct 2009 - 09:03
iamwhoiam said,
...and lay rotting on the ground.

LOL
#4 torrentthief on 10 Oct 2009 - 11:32
hope psystar wins, we could see dell laptops with mac osx installed! Mac OSX would really take off then!
(2 replies) #5 Apple-a-Day on 10 Oct 2009 - 12:40
with the quality of some of the OEM's hardware it will not be a bonus.. being a former MS tech support it was amazing how much of the problems with peoples pc's where induced by the OEM buying low quality hardware and then bloating it up with crap. Then telling the customers its MS issue cause they could not fix it under warranty. Buy from Apple and there is only one person to call for any issues with hardware or software.
#5.1 +Kirkburn on 10 Oct 2009 - 13:37
Apple-a-Day said,
with the quality of some of the OEM's hardware it will not be a bonus.. being a former MS tech support it was amazing how much of the problems with peoples pc's where induced by the OEM buying low quality hardware and then bloating it up with crap. Then telling the customers its MS issue cause they could not fix it under warranty. Buy from Apple and there is only one person to call for any issues with hardware or software.

How wonderfully delusional. How is Apple not basically an OEM as well? It doesn't mke all their own components either, you know.
#5.2 GreyWolfSC on 10 Oct 2009 - 14:51
Which hardware? I agree there is a lot of substandard equipment available, but I build my personal computers with the same thing Apple does: Intel boards/processors, name-brand memory and hard drive. And you really shouldn't be telling people that bad hardware is Microsoft's issue unless it's a mouse or keyboard from Microsoft. They're not responsible for others' shoddy hardware any more than Apple is.
(1 reply) #6 ishtar on 10 Oct 2009 - 14:17
Yea its the same crap the bloatware is the problem not the hardware....
#6.1 Ci7 on 10 Oct 2009 - 15:06
and if the hardware is alcheapo
(2 replies) #7 NfoTech on 10 Oct 2009 - 20:46
The ONLY reason that Apple doesn't like this is because they would lose $$$ due to lack of hardware sales. Period.
#7.1 roadwarrior on 10 Oct 2009 - 22:38
Yes. And considering that hardware sales is their primary business, it would certainly hurt their business.
#7.2 DarkNovaGundam on 10 Oct 2009 - 23:30
Exactly, maybe it wouldn't hurt them as badly though if they started selling their Mac's at lower prices.

They are just fancied up PC's in my opinion.
(2 replies) #8 greatscot on 11 Oct 2009 - 01:58
Not sure I understand. Why on earth would anyone want to run Mac OSX on another system? There's virtually no software for it. I always thought the goal was to run Windows on a Mac so Apple owners could access the tons of software they normally couldn't run.

Here too I can't understand. If you want to run all that great software then why buy a Macintoy? Why not just by a computer?
#8.1 ishtar on 11 Oct 2009 - 09:16
Exactly thats why apple has made some inroads rather small ones I say Because now they have a pretty expensive overpriced pc ....that can run windows on it ....Ummm all you sandal clad apple lovers didn't anyone tell you yet you just bought a pretty pc ....thats no different than a hp or compaq.....
#8.2 roadwarrior on 11 Oct 2009 - 12:30
There's also quite a bit of software for the Mac that is not available for Windows, and many of those programs are very good. It is sort of like the difference between a PS3 and an Xbox360. Yeah, both do basically the same things, and both run a lot of the same software (games in the case of the consoles), but each also has a few great exclusives as well.
(1 reply) #9 resol612 on 11 Oct 2009 - 13:37
Which is exactly why Windows became so popular: the availability of cheap IBM clones running Windows. I wonder if it is a mistake on Apple's part to sue all Mac clones.
#9.1 TRC on 11 Oct 2009 - 22:57
Apple did start licensing their OS to other companies once, and they were doing rather well until Steve Jobs returned and put a stop to it.

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