Judge rules for Apple in Psystar case

Saturday, November 21st, 2009 | Uncategorized

Summary judgment states that Psystar’s creation of Mac clones that run Mac OS X violate Apple’s exclusive reproduction right, distribution right, and right to create derivative works.
Tomado de: http://news.cnet.com/8301-13579_3-10397876-37.html?part=rss&tag=feed&subj=News-Apple
home reviews news downloads cnet tv On cbs_com John Mayer performs exclusive
webcast log in join CNET welcome my profile log out Latest News CNET River
Webware Crave Business Tech Green Tech Wireless Security Photos More Media
Cutting Edge Apple Politics Law Gaming and Culture Microsoft Health Tech Blogs
Video RSS Markets Ultimate Holiday Tech Guide Home News Apple Apple November 14
2009 3:36 PM PST Judge rules for Apple in Psystar case by Natalie Weinstein Font
size Print E-mail Share 235 comments A judge has ruled in Apple’s favor in its
copyright-infringement case against Psystar which has been selling Mac clones
running Mac OS X U_S District Court Judge William Alsup on Friday granted
Apple’s request for a summary judgment while denying Psystar’s counterclaim In
sum Psystar has violated Apple’s exclusive reproduction right distribution right
and right to create derivative works Alsup wrote in the ruling PDF which was
posted by legal site Groklaw_net Apple filed its suit in July 2008 a few months
after Psystar began selling Mac clones The case revolved around Psystar’s
contention that it could run Apple’s Mac OS X operating system on non-Apple
machines Apple denied this stating that its Mac OS X end user license agreement
allows people to install the OS on Apple computers only Both Apple and Psystar
had a requested a summary judgment which is a determination made without trial
based on the merits of a case Neither Apple nor Psystar could immediately be
reached for comment One of Psystar’s contentions was fair use The judge rejected
this stating the company does not even attempt to address the four factors used
to determine fair use Another of Psystar’s claims was first sale doctrine which
allows someone who buys copyrighted material to sell it But Alsup said this
doctrine applies only to legal copies not to the unauthorized copies that
Psystar produced The judge also ruled in favor of Apple’s claim that Psystar
violated the Digital Millennium Copyright Act Psystar has violated the DMCA by
circumventing Apple’s protection barrier and trafficking devices designed for
circumvention Alsup said In addition the judge rejected Psystar’s claims that
Apple had misused its copyright and that Apple’s licensing agreement was unduly
restrictive Alsup’s ruling did not include a permanent injunction against
Miami-based Psystar because he said Apple has not requested one yet There are
other claims Apple has made that could still go to trial including breach of
contract trademark infringement and trademark dilution A hearing to determine
remedies is set for December 14 The trial has been scheduled to begin in January
Updated at 4:15 p_m PST with more details from the ruling Natalie Weinstein is
an associate editor who works out of Austin Texas She spent a decade as a
reporter and editor in the newspaper industry before joining the CNET News staff
in 2000 E-mail Natalie Topics Mac OS X Legal Tags Psystar Mac clone Mac OS X
Apple Share Digg Del_icio_us Reddit Facebook Recent posts from Apple Apple
Enterprise is as enterprise does Analyst Timing of the Apple tablet is
irrelevant Dear Apple about the next iPod Are these Apple’s 2009 Black Friday
deals AdMob brings interactive video ads to iPhone iPhone app developer quits
over approval process Gates Apple is a force in doing good things Judge rules
for Apple in Psystar case Related Psystar releases Mac clone software CNET News
Daily Podcast Supercomputers and the future of Hulu Vote for us or the chicken
gets it 1107 BOL 1091 The French disconnection BOL 1098 Find TuPac and Elvis in
Argleton A tall drink of moon water 1106 Facebook awarded $711 million in spam
lawsuit Digital City No 58 Apple vs Psystar our fave laptop backpack and New
Super Mario Bros Wii Add a Comment Log in or register Showing 1 of 4 pages 235
Comments prev 1 2 3 4 next by myles taylor November 14 2009 3:56 PM PST I hope
this is the first domino in the set to knock down the Mac clones I know this is
an unpopular opinion but Mac clones only hurt the entire industry and Mac user
base Like this Reply to this comment by eBob1 November 14 2009 4:07 PM PST Well
I beg to differ People should be able to run software they purchase on any
equipment they own Unfortunately for Apple the management has a my way or the
highway attitude when it comes to their software Because of this they will never
be more than second-class citizens in computing infrastructure and on the
internet Why do most computers run Windows and not OS X Macs are nothing more
than toys for hipster-doofusses I am not saying the Psystar was right in what
they did I am just stating the facts Like this by Perry_Clease November 14 2009
4:11 PM PST Well I beg to differ People should be able to run software they
purchase”If they purchase it which they didn’t the software is licensed Like
this by Random_Walk November 14 2009 4:16 PM PST I agree perfectly Myles
Commercial outfits should not be given free rein to make a buck off of others
hard work with little-to-no compensation_==”People should be able to run
software they purchase on any equipment they own_”People still can and happily
do so even with OSX However you cannot build a company on selling cheap clone
computers because as the article clearly states it interferes with Apple’s
reproduction hardware and distribution software rights Please learn the
differences Like this by sharmajunior November 14 2009 4:23 PM PST Currently
running 3 OSX hackintoshes Would like to see Apple go after ordinary people If
the software is available in stores its fair game Anyone can use it You don’t
find out about Apple’s EULA until after the package has been opened so its non
returnable Like this by Random_Walk November 14 2009 4:26 PM PST Would like to
see Apple go after ordinary people”I doubt that they do This was a commercial
thing not a hobbyist thing Otherwise they would have never open-sourced Darwin
Like this by nicmart November 14 2009 4:51 PM PST As one economist has said
intellectual property is an oxymoron IP laws are anti-competitive anti-consumer
weapons Like this by ballmerisanape November 14 2009 4:57 PM PST Macs are
nothing more than toys for hipster-doofusses I am not saying the Psystar was
right in what they did I am just stating the facts_”Considering the only reason
most people need Windows is for gaming Test after test Apple’s OS proves to be
better at mulitasking networking flexibility you know the important things
computer savvy users appreciate Like this by protagonistic November 14 2009 5:14
PM PST eBob1Maybe you should try reading the EULAs that come with Microsoft and
much of the software than runs using it before you condemn Apple Like this by
rationalreview November 14 2009 5:50 PM PST Apple can only have there
compatability reputation if they don’t allow outside influences in They live in
there litte box and I hope they stay there They could never compete on
Microsofts level of development and innovation with all parties that are
involved that’s why they shouldn’t even be put on the same market share report
as MS granted it’s a teeny tiny share Psystar tried to bring consumers something
they wanted they innovated apple squashed it It’s no different than any other
attempt at monopolization Like this by lazycat202 November 14 2009 5:56 PM PST
Test after test Apple’s OS proves to be better at mulitasking networking
flexibility you know the important things computer savvy users appreciate_i had
to break in every computers have multitasking But I don’t think Apple OS is
better in networking and flexibility Computer savvy users pick linux
distributions ubuntu opensuse redhat etc or MS because they don’t be locked down
by Apple Apple software store forget it!!I haven’t seen any IT admins carry
iMacs around Even lower IT levels they carry Windows OS to do troubleshooting on
the fields_iMac is good for basic tasks But when it comes to advanced tasks Win
is always on top Like this See more comment replies by jug831 November 14 2009
3:58 PM PST Psystar owners prepare to be bricked Like this Reply to this comment
by handydan918 November 14 2009 4:04 PM PST Psystar owners prepare to install
Linux Like this Reply to this comment by Yelonde November 15 2009 1:42 PM PST
And prepare to be incompatible with even more of the world’s software products
Like this by andrewmarran November 15 2009 3:29 PM PST Yelonde And prepare to be
incompatible with even more of the world’s software products Yelonde you are
probably using a mac with windows installed on it so please don t be
hyppocritical talking about compatibility if you run a mac the only way in which
you can make an apple computer compatible with LOTS of stuff is if you install
windows You should also consider that linux is a really stable system it may
lack the drivers for lots of products and the software library available is not
as big as in windows but at least the linux developers are true to their OS and
do not need to install windows on it in order to allow their users run other
programs ohh and by the way linux and windows users do not pay the apple tax
They can get a core i7 with a 25 inch screen a 1 GB video for less than $1500
Like this by TX-Sunset November 16 2009 8:29 AM PST andrew Saying the linux
software library is not as big as windows is like comparing a gnat to the empire
state building If you guys are not spending half your time re-compiling your
kernals they you are busy looking for drivers Please until the linux platform
even comes close to ease of use please stop comparing them And even though you
don’t need to install windows many still install Wine or some other emulator so
yes Linux still needs WIndows of some type Like this by Thad Boyd November 16
2009 3:19 PM PST TX-Sunset 1995 called it wants its talking points back_I’ve had
more trouble with 64-bit drivers and privilege escalation confusion under
Windows 7 than Ubuntu Have you tried disabling UAC prompts for a program that
doesn’t have an installer and isn’t digitally signed I have I had to read two
different walthroughs to figure it out And that’s without getting into the fact
that out of the box UAC is completely freaking useless as you’re STILL running
everything as an admin anyway you have to change your privileges in Control
Panel before it grants any measure of security Which the average user will never
do And then when you want to extract a zip file to c:Program Files get ready
for three consecutive password prompts_)And if you want to talk about
ease-of-use let’s talk about how you install software What you still have to
hunt for installers on the Web And they don’t even resolve dependencies?That is
SO 1995 Like this by AppleProLeo November 14 2009 4:04 PM PST Goodbye Psystar
and good riddance Oh well all you tree-hugging hippies using Psystar systems all
ten of you looks like you’ll have to get a Job after all to own a Mac Like this
Reply to this comment by kalel33 November 15 2009 11:28 AM PST I thought
tree-hugging hippies were Mac owners____how things have changed Like this by
holyhope November 15 2009 6:36 PM PST I had a good paying job for 40 years but
now I run a Hackintosh because it has better performance and video runs faster
and costs less than 200 for my used dell laptop that runs quartz extreme and all
the Apple upgrades That is the only part I feel guilty about because the Leopard
Software is yours if you bought it I only upgrade because of fear of being
hacked uggh Like this by Sumatra-Bosch November 14 2009 4:07 PM PST DoiStar has
to have the dumbest corporate counsel on the planet Clearly the CEO got sold a
bill of goods about fair use by a demented brother-in-law or someone who dropped
out of Regent University school of law or wherever Orly Taitz attended I hope
Jobs takes all their houses burns them to the ground and takes the DoiStar guys
as slaves Like this Reply to this comment by baconstang November 14 2009 5:34 PM
PST THAT is a great image Like this by Bertbaby November 16 2009 9:25 AM PST
Yeah the world is once again safe for closed proprietary computer systems Like
this by thelemurking November 16 2009 9:59 AM PST Perhaps he can harvest their
organs since he already lacks the morals in that category Like this by
crowbarofdeath November 14 2009 4:08 PM PST As much as I hate Apple this was the
right decision Apple developed those technologies and only they have the right
to distribute them Like this Reply to this comment by voyager529 November 15
2009 8:17 PM PST Apple did distribute copies of OSX___to Psystar___over the
counter___and Psystar paid for them The right to distribute OSX never left
Apple’s hands although you might make a case for the OSX license forbidding
distribution of a derivative work if you consider the hardware/software
combination they were selling to be derivative It’s not like Psystar got all the
copies off of Limewire or something like that Like this by TX-Sunset November 16
2009 8:31 AM PST I can not believe people condone this monoply This is clearly a
violation of anti trust laws If microsoft made their own branded PCs and said
Windows can only run on our PCs don’t you think everyone including God would
file a law suit against them The Judge is wrong Apple must have promised him a
new Macbook every year for the rest of his life or something Like this by
Renegade Knight November 17 2009 7:29 AM PST Per the Apple EULA I can also
distribute their operating system in several ways with their blessing Like this
by shuyin84 November 17 2009 9:42 AM PST TX-Sunset they are 100% allowed to do
that they created a product and they are allowed to do with it as they wish plus
what about the zune Your not allowed to use that on anything except windows
kinda the same deal eh Like this by Gold_Storm_Mac November 14 2009 4:18 PM PST
this is a good thing Like this Reply to this comment by Perry_Clease November 14
2009 4:24 PM PST I urge you all to go read the Judge’s ruling to which Natalie
linked http://www_groklaw_net/pdf2/Psystar-214_pdfThere is some real interesting
info there Like this Reply to this comment by Random_Walk November 15 2009 8:08
AM PST I’d like to add my voice in supporting Groklaw Pamela Jones has built one
very geek-friendly legal blog over the years and the very same blog was
instrumental in taking apart SCO’s assertions in a way that simply infuriated
McBride and Co Like this by Renegade Knight November 16 2009 11:35 AM PST If I
read that right when I turn on my Mac I’m infringing when it loads a copy of the
OS into RAM even though that’s by Apple design Like this by Renegade Knight
November 16 2009 11:49 AM PST If I read that right when I turn on my Mac I’m
infringing when it loads a copy of the OS into RAM even though that’s by Apple
design They also tripped over their own logic To make a computer you clone the
drive It saves time The case PsyStar presented showed where the Sheriffs office
was OK cloning drives and they only ran into a problem when they cloned more
drives than they has lisences Later they say that PsyStar wasnt able to clone
drives without infringing yet when us users change a drive we have to do that to
get back up and running They used the unauthorzed manufacturing method same
methods Apples Chinese cohorts use no doubt to invalidate the first sale
doctricn when in fact the first sale would have covered the OS X being sold not
the cloned version Mostly I find that PsyStar didn’t have a good legal team as
there were issues with the case and facts that cost them the case that had
nothing to do wiht the issues The judge did us all a disservice by letting
process and procedures get in the way of the legal principals Another
interesting bit Replacing OS X files with PsyStar files without modifying or
hacking the OS X files meaning they did no deratiave work was considered
deravative work just the same Still it all comes back to the judge spanking
PsyStar for having a crappy legal team instead of looking at the real issues
Like this by Thad Boyd November 16 2009 3:24 PM PST Renegade Knight holy crap
you’re right_”Apple also alleges that every time Psystar turned on Psystar
computers running Mac OS X then another copy was made in random access
memory_”Because if they count a copy made into RAM as a copy then it doesn’t
fall under the single backup copy that the license allows Like this by aafuss
November 14 2009 4:27 PM PST What about foreign clone companies-I’d imagine
Apple would have strong winnable claims like they did just now Like this Reply
to this comment by Perry_Clease November 14 2009 4:45 PM PST Different
jurisdictions of course but probably similar laws in this regard Like this by
Vegaman_Dan November 14 2009 10:11 PM PST This has no impact whatsoever on those
operating outide of the US Like this by Random_Walk November 15 2009 8:10 AM PST
Yep IIRC there’s a clone maker in Germany that has been around as long as
Psystar has and has yet to see so much as a C&D notice Laws differ quite a bit
on occasion Like this by Goodbye Helicopter November 14 2009 5:01 PM PST You can
find out the EULA agreement before purchase It is public information Available
online and upon request All companies are more than willing to provide this
information before a sale and they are legally required to do so You are allowed
to return the product and get a refund if you reject the terms of the EULA It is
foolish to assume you have certain rights because you think you purchased an
object when in fact you have purchased limited rights to use of intellectual
property contained within a medium Like this Reply to this comment by
Vegaman_Dan November 14 2009 10:12 PM PST Even those that read it still choose
to violate it intentionally I don’t understand the mindset that chooses to do so
though Like this by Random_Walk November 15 2009 7:54 AM PST Even those that
read it still choose to violate it intentionally I don’t understand the mindset
that chooses to do so though_”Funny you yourself have claimed to have done
exactly that by your definition now if you had an Apple sticker on the side you
would have fulfilled the terms of the EULA Like this by Random_Walk November 15
2009 8:21 AM PST It is foolish to assume you have certain rights because you
think you purchased an object when in fact you have purchased limited rights to
use of intellectual property contained within a medium_”Depends Privately
violating a EULA is not against any law so long as you legally obtain the
material and do not distribute the result that is buy the disk retail and don’t
sell the Hackintosh If anyone e_g you or Dan can find a law stating otherwise
I’d love to see it A EULA only establishes the responsibilities of the seller
and buyer with regards to one another Violating a EULA breaches that contract
but does not rescind any rights you have to property which you obtained legally
cf Fair Use rights The only thing Apple can really do in this regard is to no
longer be obligated to provide you with tech support warranty fulfillment or
similar Now commercially things are different As a company you are no longer the
end user and would be violating Apple’s right to distribution and etc as noted
by the judge in the article in his summary judgment As a commercial entity you
would not have the right to Fair Use First Sale Doctrine or any similar rights
that individuals have Like this by JediJohn82 November 14 2009 5:17 PM PST
Microsoft should take heed of this decision Now they can build their own PC’s
not let any third-party’s Dell HP etc use Windows No wait then people would cry
foul and say it was a monopoly___how does Apple get away with a
hardware/software monopoly when Microsoft can’t Like this Reply to this comment
by buddhafw November 14 2009 5:23 PM PST right on Like this by rattyuk November
14 2009 5:30 PM PST JediJohn82Because they built the widget and the widget is
what sells This is not a battle against the hackintosh community it is a battle
against some thieves who took Apple’s IP and the Hackintosh communities IP and
then SOLD that work on Microsoft would REALLY love it if this succeeded because
anyone could buy a LOW end copy of Windows say the 29 buck student edition and
then a company say Psystar could modify it and sell it for 34 bucks Way to go Do
you think even Ballmer would be happy with that Like this by baconstang November
14 2009 5:45 PM PST No everyone esp enterprise would switch to Linux Like this
by rationalreview November 14 2009 5:56 PM PST Linux stay in your box Microsoft
isn’t in that business that’s why they own Intel HP Dell Gateway Acer and any
other company in the world that installs the widely used 95% Microsoft OS and
accesory products at least on an intuitive level Those companies would not exist
without Bill Gates and his marketing genius Apple again has proven they are
afraid to let innovation happen and are abviously terrified in letting someone
else into their teeny box Jobs lives in Don’t jump on my MS comment because it
is easier to prove that MS allowed greater innovation than actually hindered it
We might be using 33mhz processors still without the windows push Like this by
Random_Walk November 14 2009 6:36 PM PST Oh Microsoft could and face an instant
and massive loss of income expecially as Dell HP Lenovo Acer Sony Toshiba and
etc immediately develop Linux-based alternative OSes helped massively by Google
___and I sincerely doubt that Microsoft would ever want to face such a prospect
on the consumer level let alone in servers where such a switch would be far far
easier to do Like this by vanax November 14 2009 7:23 PM PST Because monopolies
are legal in the US Next Like this by SteveW928 November 14 2009 8:18 PM PST
JediJohn82 Read up on what a monopoly is any why they are limited as a check and
balance on the capitalist system Your question will be answered Like this by
jumpjetta November 14 2009 9:12 PM PST how does Apple get away with a
hardware/software monopoly when Microsoft can’t?”Last time I checked MS was the
convicted monopolist and Apple had less than 10% of the computer market Apple is
a monopolist how exactly Like this by justin2698 November 15 2009 7:12 AM PST
JediJohn82 That is the most insight opinion I have read about this case yet It
is strange how Microsoft gets punished my paycheck is thanks to Uncle Bill’s
shrewd business tactics but I use a Mac by choice at home It is a real Mac but I
would like to have the choice of buying the premium package of Apple and OSX Or
just buy OSX and install on generic Intel hardware Like this by mluvas November
15 2009 10:29 AM PST Because Microsoft is run by idiots whose founder/ex-ceo ran
away to battle the mosquito’s in Africa Like this See more comment replies by
buddhafw November 14 2009 5:22 PM PST So apple sells software that can only
legally be used with their hardware Would Microsoft be allowed to require you to
purchase a special card or a system made by Microsoft to run windows 7 I say no
there would be antitrust and consumer advocates salivating at the mouth I mean
seriously Bill Gates is evil but Steve Jobs must be the devil to come up with
this load of intellectual wipe my butt protectionism no wonder he is rotting
from the inside Like this Reply to this comment by stan2w November 14 2009 11:09
PM PST buddhafwwhat a despicable comment about someones illness Like this by
kelmon November 15 2009 11:07 AM PST Would Microsoft be allowed to require you
to purchase a special card or a system made by Microsoft to run windows 7?”Yes
This isn’t a difficult question If Microsoft wanted to get into the hardware
business then they could and restrict the software that they write to only run
on their hardware Like this by Seaspray0 November 15 2009 5:16 PM PST kelmon
They could but one of the apeals of windows is that it runs on everyone’s
hardware By not locking it to hardware it makes it demand accross all the
hardware platforms Like this by caseyboy November 15 2009 10:44 PM PST No wonder
he is rotting from the inside Really?I think mentioning someone’s personal
health particularly in such an offensive way when commenting on a story related
to tech news and a legal decision is beyond the pale at best and just plain mean
spirited at worst Like this by Renegade Knight November 16 2009 11:56 AM PST
kelmon They arleady do require special things to run Windows You need to
activate Online or via phone If MS pulls support at any time the OS becomes
crippled and you would have to hack it to make it work right Like this by
shuyin84 November 17 2009 9:50 AM PST so i take it from ur comment on steve jobs
health that ur a PC and by PC I mean Piece of Crap Like this by jayprob101
November 14 2009 5:26 PM PST Here’s a thought What if big bad monopolistic
Microsoft tried to do this Imagine if they changed their terms of service to
this came out with their own computers and screwed all of the manufacturers like
HP and Dell Would a judge have the same ruling then Imagine HP being sued for
installing Windows 7 on their Desktops The company owould tank Microsoft would
buy them out for cheap And this would all be legal Remember this case sets the
precedent Trust me that would never fly Like this Reply to this comment by
rattyuk November 14 2009 5:33 PM PST Jayprob101Trust me Microsoft don’t have the
business model to do this BTW how is your Zune OS doing running on a Zen How is
your Xbox 360 software doing running on the PS3 You see Microsoft has areas
where it does indeed do this But they would NOT lock down their OS too many
business partners to upset oh wait generally being a business partner of
Microsoft is an open invitation to be shafted how is that Plays for Sure device
running now Like this by baconstang November 14 2009 5:46 PM PST Again people
would be forced to switch to Linux Like this by rationalreview November 14 2009
6:00 PM PST Microsoft doesn’t lock down there OS to anyone who legitimately buys
it dumb dumb There is no demand for the Zune or Xbox OS on any other item either
That’s comparing an apple to an orange freak Don’t passively slam their business
model either Apple is a WAY behind in this They continue to sell novelty toys
that get attention but never truly make a large market impact and last Millions
of people had better pray that MS never designs it’s own proprietary hardware
and only run windows on them Those millions will be out of a job and I mean HP
and the like Apple has always been uptight about their products like clinched
cheak tight and it will be a failure of there’s long term They’ve almost
collapsed twice only a matter of time Like this by Random_Walk November 14 2009
6:41 PM PST Microsoft doesn’t lock down there OS to anyone who legitimately buys
it dumb dumb”___wanna know what happens if you modify the OS on an XBox or
modify the XBox itself then try to sell those mods Also Microsoft would quickly
prevent you from modifying Windows 7′s source code and selling the results for
any reason You are of course free to prove me wrong if you’re capable_So before
you make any pronouncements you may want to do a bit of research eh Like this by
awair November 14 2009 7:40 PM PST big bad is charging $150 for its OS why tie
down the hardware We’ll sell to anyone stupid enough)___”Unfortunately that
includes me my new home built PC won’t run Mac OS using a bought paid for $29
legal copy of Snow Leopard using PsyStar’s RebelEFI software)_I would love to
have the choice I know that I would be a 2nd-class Apple citizen my choice BUT
the vendors are also free to determine their own EULA and the software WAS
refundable after opening_It’s up to the courts to decide oh and they have_My
choice still it just doesn’t include running Mac clone Like this by Random_Walk
November 15 2009 7:57 AM PST Dan:Kindly stop acting the fool and stop descending
into ad hominem you only make yourself look like an idiot when you do that Your
argument has been countered repeatedly and demolished repeatedly Like this by
kelmon November 15 2009 11:09 AM PST There might well be a problem if Microsoft
locked Windows 7 to their own hardware but probably not with anything that comes
later Chances are however that companies would switch to Linux so that they can
have a choice in hardware providers This is one of the principle reasons why the
Mac is not used much in the enterprise Like this by TheraCaffe November 15 2009
11:59 AM PST rattyukThat Zune OS and Xbox OS situation is completely different
Those are firmwares they are not marketed as an operating system A firmware is
designed to remain firm to specific hardware If Apple changed the name of Mac OS
to Mac Firmware then that would be different But no it’s Mac OS and it claims to
run on a computer so it should be sold as what it is Mac Firmware Like this by
mandelbomb November 16 2009 9:23 AM PST By the way Micro$oft does tie hardware
to their OS Simply by making bloat ware they force you to upgrade your PC every
time they release an OS Not only that but Microsoft forces you to buy and x86
style processor If MS was any different than Apple then you could install your
Windoze on a PowerPC processor or any other flavor They protect their monopoly
just like Apple does Like this by shuyin84 November 17 2009 9:51 AM PST way to
join the 9 other comments before u that have been explained Like this See more
comment replies by CraigC2000 November 14 2009 5:36 PM PST I’m not sure I
appreciate this because it’s a fairly dangerous precedent Apple is claiming in
this case that it is illegal for anyone who purchases Mac OS to install it on
anything other than Apple branded hardware The fact that they are currently only
targeting Psystar is irrelevant the legal precedent is that it is illegal to
install the OS on a non Apple branded hardware even if you purchase the software
and install it at home Should a software company really have the right to
dictate the hardware that it runs on legally Technically this ruling would give
the right to Microsoft to make it ILLEGAL to install Windows on a PC that had an
AMD processor or an Nvidia graphics card or even a Logitech mouse if they chose
to Ignoring the obvious antitrust issues the exact same precedent applies if
Microsoft chooses to license Windows to only run on a machine with an Intel
processor or a Microsoft mouse)The point is the only thing that is stopping
Microsoft from legally being able to dictate all PC hardware is the fact that
they are a monopoly If and when there is a legitimate contender in the OS space
then antitrust wouldn’t apply anymore and both companies would have far too much
power to control PC hardware_The bottom line is that no software company should
be able to dictate the hardware that we run the software on They don’t have to
make it easy or even cheap but once we buy the license we should be able to use
it any way we choose for personal use Like this Reply to this comment by
jragosta November 14 2009 5:46 PM PST I’m not sure I appreciate this because
it’s a fairly dangerous precedent_”BS_It was a foregone conclusion The judge HAD
to rule that way or he’d be overturning almost all of our copyright law Think of
the consequences if he had ruled in Psystar’s favor:1 Software vendors would no
longer be able to sell an OEM version After the software left their hands it
could be used on new equipment or by a DIYer_2 Software vendors would no longer
be able to sell an upgrade version at reduced price There would be only one
price for software whether it were used on new equipment existing equipment
upgrade whatever_3 Software vendors would no longer be able to give a discount
for quantity purchases IBM probably buys Windows for a license fee of $10 or 20
per unit but they would be free to sell it on the open market for whatever price
they wished_4 There would be no way to prevent reverse engineering of software I
could buy a copy of Windows probably one of those $10 IBM site licenses modify
the launch screen with my own name and sell it as my own product_5 Home DVDs are
for personal use only You can not legally use it for commercial purposes or
public displays That restriction would no longer be binding_6 Book copyrights
would disappear Once you buy a book you would be free to reprint it with your
own cover and call it your own work And so on Anyone who sells software for a
living or any other intellectual property for that matter should be thanking
Judge Alsup Like this by baconstang November 14 2009 5:47 PM PST Write your
Congressman to rewrite IP law Like this by CraigC2000 November 14 2009 6:45 PM
PST jragosta,How do absolutely any of those arguments apply to being able to
dictate the HARDWARE that the software is installed on Like this by CraigC2000
November 14 2009 7:05 PM PST jragosta,Just in case you didn’t read the ruling,t
he argument that Psystar was making was that it was legally entitled to install
the OS because Psystar had PAID for the software and that it was free to install
it anywhere it chose to based on fair use_It had nothing to do with overturning
copyright law Perhaps you should read the judgement before you go off on your
rants Like this by jragosta November 14 2009 7:51 PM PST I read the judgment It
simply states that the principles of copyright law apply in this case and rights
of first purchase don’t apply It also specifically upholds the EULA If Psystar
had one EULAs would be unenforcable which would lead to all the issues I cited
above_The fact that you’re not bright enough to follow the logic is your problem
not mine Like this by SteveW928 November 14 2009 8:25 PM PST CraigC2000 “Should
a software company really have the right to dictate the hardware that it runs on
legally?”Umm yea that’s why it is called a software license You don’t own the
software you’ve licensed the right to run it under certain conditions That said
I doubt Apple is trying to mess with how home users are using their products
they could but I doubt they ever will It is fairly obvious why they went after
these guys Like this by klh2000 November 14 2009 8:46 PM PST Hey CraigC2000_So
do you know what a license is I think not Lets look at your drivers license
Driving is not your right It?s a privilege given to you Your license can be
taken away when you break the law Software is the same thing You don’t own it
Your given permission from an authority software company to own it or use it If
you use it illegally or pirate it or change it they can refuse your license and
you lose the right to use it WOW what a concept LIke music I’m assuming your one
of these people that thinks when they buy the album they can do anything they
want with it Change the words or the notes and then its ok to sell as your own
Sorry Same concept_So the bottom line is that no software company should be able
to dictate the hardware that we run the software on Really You are an idiot
aren’t you And how many of these people you are taking about are using this
software strictly for personal use Like this by Random_Walk November 14 2009
9:18 PM PST Craig:No the case states that you could not clone Apples in a
commercial enterprise And yes Microsoft can dictate hardware requirements at any
time they desire for instance try running Windows 7 on a PPC or Sparc
processor_”If and when there is a legitimate contender in the OS space then
antitrust wouldn’t apply anymore and both companies would have far too much
power to control PC hardware_”Err you may want to look around Linux has a huge
chunk of the server space and dominates the web space Apple is growing like
wildfire in consumer PCs and specially in the mobile arena FreeBSD is still top
choice when security is vital There are legitimate OS contenders out there
Perhaps you meant sufficiently large in marketshare Like this by OS11 November
14 2009 9:46 PM PST No they are simply saying if you try and profit from their
hard work they will win in court But for personal use they aren’t going to come
after you It’s as simple as that Like this by foodandart November 15 2009 9:45
AM PST You’re missing the point Craig Apple makes BOTH the hardware AND also
software to run it They are built to be mutually exclusive to themselves_The
monopoly issue comes up with Microsoft more often because of their licensing
agreements with the PC computer vendors I tried some years ago to order a custom
built Dell WITHOUT Windows pre-installed just a blank hard drive with Windows on
an install disk thrown in and it couldn’t be done They would not do
it_)Eventually I gave up and bought an Apple computer instead To be honest I’m
not one of those that was happy with the switch to Intel CPU but I understand
the reasons behind it It does open a can of worms now that with a few minor
tweaks one can install OSX on a hackintosh I figure that it is only a matter of
time that someone running OSX on of those boxes fingers a way to totally blow
the security to pieces and it ends up as compromised as the Windows platform I
am not looking forward to that fiasco_With that said I don’t disagree with
hackintoshes at all I do think they are neat but the people that build them know
full well that any OS update could break the system as the Intel Atom users
found out recently but it is the price they willingly take to build their
machines This issue with Psystar building systems is too dodgy for my tastes
simply because it IS a hackintosh machine and Apple doesn’t have to and won’t
focus on making sure that the software stays compatible with hardware that they
don’t use/source for their computers Psystar users then have to wait to get
updates and to be honest many who buy these systems pre-built do so because they
don’t want or know how to build a computer on their own_If you want a hackintosh
you should bite the bullet and learn about computers and build one yourself!(my
next computer will be a hackintosh and HOW!)Regards Like this See more comment
replies by kriticalthinker November 14 2009 6:01 PM PST Sure let a company spend
150 mil to design a system that works perfectly within itself then clone it and
run it on your computer which has paid no licensing whatsoever to the engineers
designers and creative people who made the system Psystar and any individual or
company that acts like this is a LEECH Understand the meaning of LEECH Any
bloodsucker who sucks the blood of others under the pretense Psystar Try garbage
star Like this Reply to this comment by Lerianis3 November 15 2009 5:55 AM PST
When these people are PAYING for the updates they are not leeches at all These
people were PAYING FOR LEGALLY BOXED COPIES OF OSX that means that Apple was
getting their money and that they were not leeches at all_By saying that they
are you are only exposing yourself as an idiot of the first caliber Like this by
polaris20 November 15 2009 6:19 AM PST Lerianisactually it’s you who has a
serious conprehension problem here They are only legally boxed copies of OSX
when they’re installed on Macs You see in case you haven’t noticed Apple is a
hardware company That’s where they make their money They sell the OS cheaper
than MS does because they’ve already sold the computer_If Psystar were to win it
would disrupt Apple’s business model and you’d be paying $299 for OSX See how
that works Also the $29 license for SL is only if you already own Leopard If not
that is also a violation of the EULA It’s amazing how the Internet is so filled
with people who have no clue when it comes to software licensing and business
models Like this by TheraCaffe November 15 2009 12:12 PM PST polaris20″It’s
amazing how the Internet is so filled with people who have no clue when it comes
to software licensing and business models_”I got a laugh out of that Not that
I’m disagreeing with you it’s the fact that you think everyone should know this
stuff that I find hilarious It’s not like it’s common sense or grade school
knowledge It’s like saying jeez I can’t believe how many people out there don’t
understand the inner workings of the endocrine system or wow the amount of
people who aren’t rocket scientists just blows my mind or really You mean you
don’t understand the concept of m theory physics You’re an idiot_”You can’t
expect that just because you know something that it means everyone else does as
well especially if it’s something that most people only have a basic
understanding of such as this It just makes you sound like an arrogant really D
Like this by Seaspray0 November 15 2009 5:37 PM PST to the engineers designers
and creative people who made the system Those engineers that work for the 3rd
party vendors who made the DVD drive graphics card CPU hard drive memory Lets be
clear here Apple did not design everything that goes into a mac No OEM does So
when the EULA states it must run on apple branded hardware that’s just the
sticker on the case not what’s inside Like this by Renegade Knight November 16
2009 7:31 AM PST PsyStar paid for OS X If anything Apple got more money for
support that they never needed to provide The legal basis for this claim was
actually Apple saying Yeah we got paid for our work but we don’t want you to use
our work for your purpose regardless polaris20 Your comprehension is lacking If
I pay for Apple software I’m good to go Stop and think I bought it I own it I
there is no problem Can you find one No Didn’t think so So now I install my
perfectly good and 100% legit software on a computer Is there a problem You
don’t know because now you have to ask what did you install it on I may be good
or I may not be good Strange when did my legal softare magicly turn illegal I
didn’t pirate it after all And therein is the flaw in logic That’s the problem I
can own it and I’m goot so long as I do nothing or install it on an apple
branded pc Of course Apple sued as you did notice over a business practice They
want to be the only ones selling macs That’s why they stabbed their clone
partners in the back when Jobs took over the second time Like this by shuyin84
November 17 2009 10:00 AM PST so if they were buying copies from apple doesn’t
that break resale laws i thought you couldn’t buy something then sell it as your
own Like this by sdf0013 November 14 2009 6:03 PM PST I guess I would like to
know at what point Apple or Mac is a kind of micro-monopoly if you get my
meaning Like this Reply to this comment by Perry_Clease November 14 2009 6:38 PM
PST There is nothing illegal about being a monopoly micro or macro Like this by
sdf0013 November 14 2009 7:20 PM PST I didn’t say it was illegal I was merely
looking for the classification Based on some quick googling since I’m not a
lawyer it does appear that Apple is in-fact a form of Single Seller monopoly
when it comes to the Mac platform Like this by TheraCaffe November 15 2009 12:17
PM PST Perry_Clease:Since when are monopolies legal If they are then it just
goes to show how much of a failure the American public school systems are
because every history class I’ve ever taken disagrees with that declaration
Didn’t the Standard Oil Company get in trouble for being a monopoly?I’m honestly
asking these questions by the way because I’ve always thought otherwise I’m not
trying to argue with anyone just trying to discern the current truth Like this
by shinji257 November 15 2009 11:57 PM PST Perry_Clease A monopoly is definitely
illegal when the act is anti-competitive Microsoft as a monopoly is illegal
Apple is not a monopoly They just have some very restrictive agreements which I
don’t necessarily agree with Like this by bluemist9999 November 16 2009 3:13 PM
PST I think a monopoly is when one producer effectively owns a marke Also
technically I don’t think a monopoly is illegal—it is when a monopoly in one
area is used to gain dominance in another area that it is illegal Microsoft
having around 90% of the OS market isn’t illegal Microsoft using that market
dominance to say boost its Internet browser at the expense of other browsers is
illegal Like this by Renegade Knight November 17 2009 7:37 AM PST Apple isn’t a
monopoly They make an OS and only want it on their computers It’s not different
than the firmware in your car Ford’s firmware is only in fords They won’t like
if you modify the cars program or replace it with another Operating systems
being more generic are similar though much more likely to have folks like me who
hate Like OS X but don’t like the MacBook’s wish we could install it to create a
computer that works better for us That’s when the Apple policy becomse a problem
Apple may like to preclude reselling their OS on a computer but I claim fair use
to install an OS on a computer regardless of who made it Apple doesn’t make
their own computers hence the apple branded wording in the EULA Like this by
sparrowhyperion November 14 2009 6:36 PM PST A perfect example of the best
justice Money can buy The whole patent/copyright system leads to stifled
innovation higher prices and a lot of hassle for the courts Make all knowledge
truly free then let companies compete based on quality price and service Oh no
That would make way too much freakin sense Like this Reply to this comment by
jragosta November 14 2009 6:42 PM PST The whole patent/copyright system leads to
stifled innovation higher prices and a lot of hassle for the courts_”That’s BS
too_Without intellectual property protection how much money do you expect that
Apple or Microsoft would put into OS development They’d sell one copy and then
the other millions of users would download it free_Why should Intel put billions
of dollars into R&D if AMD can just steal the designs and process technology?Why
should Merck spend hundreds of millions of dollars to develop a new drug if
anyone could copy it?What about musicians artists and authors While there are
undoubtedly a few who do their work for sheer enjoyment but the vast majority do
it so they can earn a living_Intellectual property protection is what drives the
world’s economy Arguing that it should be eliminated demonstrates an incredible
lack of understanding of how business works Like this by Random_Walk November 14
2009 9:23 PM PST There is a balance to be struck in the fields of intellectual
property_Copyrights are vital for the first few years of a work’s existence as
they protect the work and allow it room to grow much as a seedling needs shelter
when it first sprouts Same with patents_The problems lie with excess_Copyrights
were originally limited to something like 27 years more than sufficient Nowadays
they’re extended to an ungodly length of time well beyond even the work’s
original usefulness you can thank Disney for that one)_Patents have their use in
tangible concepts and the term of time is still consistent The problems lie in
patenting software software should remain covered by just copyright and remain
unpatentable just as you cannot patent a mathematical algorithm you really
shouldn’t be able to patent software yet we stupidly do just that Like this by
Perry_Clease November 14 2009 6:43 PM PST How many posters here have read the
Judge’s ruling raise your hands_Okay you you and you can leave class early The
rest of you need to read the ruling it will save you a lot ignorant posting
Natalie was kind enough to share the URL with us thank you Natalie In case you
missed the link it was in blue colored text here it is
http://www_groklaw_net/pdf2/Psystar-214_pdf Like this Reply to this comment by
Mr Dee November 14 2009 6:51 PM PST Psystar owners there is a home for you in
Windows 7 Like this Reply to this comment by SteveW928 November 14 2009 8:26 PM
PST I doubt anyone who would have bought a Pystar is going to settle for Win7
They were looking for a cheaper way to run a real OS Like this by TheraCaffe
November 15 2009 12:24 PM PST Well it’s not like they have to give up their
systems do they If you already own one they can’t take it back The only way
Apple could do that was if they somehow figured out how to disable Psystar
systems and lock them out from updates but that would only work if Psystar were
complete idiots in installing Mac OS X If they did it right then the OS should
be convinced that it is running on a legitimate Apple computer because it would
be running in a hardware emulated EFI system which would be indistinguishable to
Mac OS X from a real one If they just kind of hacked around it with some
nefarious software then well those Psystar buyers got ripped off Like this by
shuyin84 November 17 2009 10:03 AM PST to bad that home is filled with pests and
bugs microsoft needs a new home Like this by simplybernie November 14 2009 7:29
PM PST Bill Gates recently said Apple is in a bit of a different business than
Microsoft where they make hardware and software together_”So comparing Microsoft
to Apple or Dell to Apple is like comparing McDonald’s PCs to Dave and Busters
Apple What Psystar did was found illegal in the court of law It was wrong in
many of our opinions While I have built several Hackintoshes for fun I own 2 G5s
3 mac-mini’s and 2 macbook pros When I need technical support I am on my own in
regards to the Hackintoshes while Apple provides top notch customer service
their products For the typical user Psystar’s computer is more hassel than what
it is worth because you can’t update your OS normally and you don’t get top
quality support when updates breaks your system_Now my Hackintoshes also double
as PCs Honestly as a Windows user I am disappointed that I am still using XP
which makes transitioning to Windows 7 a pain in the butt While Macs aren’t for
everybody I think Macs are a great platform with excellent customer service with
none of the pains that PCs go through However the best gaming platform in the
world is the PC and Microsoft is about to wipe that out with the X-Box_So maybe
people should be taking their shots at Microsoft for the they’ve been
mis-handling the PC industry the last 20 years Love,I’m a PC and a Mac and my
upgrade to Windows 7 sucks so does Modern Warfare 2 on the PC_LOL Like this
Reply to this comment by Gold_Storm_Mac November 14 2009 7:34 PM PST MW2 is the
best on the PS3 Like this by franzenk November 15 2009 6:54 AM PST I have to say
out of all the comments this one is the best I don’t like it when people rant
about an OS system they have never used I have a MacBook pro that runs Snow
Leopard paralells that runs Win7 and I just installed Ubunto Linux to try it out
After I am done I will be able to say which I prefer and which one I think is
best because I tried them all out Still after that it will be my opinion and not
a fact Now I don’t know law and I am not well versed on this whole situation but
what seems right to me is that Apple is not a monopoly because they do not
control all the computer platforms only Apple The reason Microsoft got hit with
a monopoly lawsuit is because if I remember correctly they were trying to make
IE the only browser by giving it for free It was not allowing for other
competition for the entire browser market It was forcing web companies to make
their web pages IE compatible only which also fueled the monopoly lawsuit If I
am wrong in my thinking I am sure someone will tell me but for me that is what I
think Plus I was married to a lawyer when she was going through law school and
the one thing she was taught was that being a lawyer is not about being right or
wrong but it is about who can argue the best case So money does buy great
lawyers This isn’t about right and wrong its about who can argue their side
better and with Apple’s money their side won Like this Showing 1 of 4 pages 235
Comments prev 1 2 3 4 next Add a comment Comment SUBMIT Click here to add
another comment Popular discussions on CNET Ballmer Windows 7 selling like
hotcakes November 19 2009 8:46 AM PST 165 recent comments Who makes the most
reliable laptops November 18 2009 8:12 AM PST 119 recent comments Online
gaming’s dirty little secret November 19 2009 4:00 AM PST 107 recent comments
Feds Top e-tailers profit from billion-dollar Web scam November 17 2009 12:12 PM
PST 104 recent comments iPhone app developer quits over approval process
November 16 2009 10:47 AM PST 83 recent comments The posting of advertisements
profanity or personal attacks is prohibited Click here to review our Terms of
Use Comment reply Submit Cancel The posting of advertisements profanity or
personal attacks is prohibited Click here to review our Terms of Use Report
offensive content If you believe this comment is offensive or violates the
CNET’s Site Terms of Use you can report it below this will not automatically
remove the comment Once reported our staff will be notified and the comment will
be reviewed Select type of offense Offensive Sexually explicit or offensive
language Spam Advertisements or commercial links Disruptive posting Flaming or
offending other users Illegal activities Promote cracked software or other
illegal content Comments optional Report Cancel E-mail this comment to a friend
E-mail this to Separate multiple e-mail addresses with commas Limited to 10
addresses Your e-mail address Send me a copy of this message Note Your e-mail
address is used only to let the recipient know who sent the e-mail and in case
of transmission error Neither your address nor the recipients’s address will be
used for any other purpose Add your own personal message Optional Hi I found
this user’s comment on CNET and thought you might be interested in reading it
Send e-mail Cancel Warning You will be deleting this comment and all its replies
if applicable Click to delete FOREVER Cancel Most Popular Feds Top e-tailers
profit from billion-dollar Web scam With IE 9 Microsoft fights back in browser
wars Rumors of a Gphone refuse to die Hackers bypass Windows 7 activation Trade
CDs DVDs for an iPod or iPhone Broadband economics How I’ll save $700
Competition is the key to getting great deals In testing that theory CNET’s
Maggie Reardon finds she can save nearly $700 next year by switching providers
IE 9 Microsoft’s next salvo in browser war By showing its first glimpses of
technology in Internet Explorer 9 Microsoft also is showing it’s serious about
building a competitive browser Roundup Microsoft PDC About Apple At the start of
the 21st century there’s no tech outfit more influential than Apple CNET News
Erica Ogg and other reporters will attempt to make sense of the rumors hype
products and people that will shape the future of the company But Apple’s not
the only game in town as the established cell phone companies and others strike
back against the iPhone E-mail Erica at erica_ogg@cnet_com Subscribe via RSS
Click this link to view as XML Add this feed to your online news reader Google
Yahoo MSN Apple topics Apple Corporate Apple TV Applications Chips Legal Live
Blogs Mac Mac OS X MobileMe Retail Stores Rumors Steve Jobs iPhone iPod iTunes
Blogroll Apple 2_0 AppleInsider Byte of the Apple Crazy Apple Rumors Site Crave
Cult of Mac Daring Fireball Infinite Loop iPhone Atlas The Macalope MacFixIt Mac
Rumors Macworld Think Secret The Secret Diary of Steve Jobs The Unofficial Apple
Weblog Inside CNET News Scroll Left Scroll Right Deep Tech Mozilla not
interested in building a Firefox OS Does the Firefox backer want to turn its
open-source browser into the basis for an operating system a la Google’s Chrome
OS Not for now at least Gallery Unboxing the free PDC laptop photos The Open
Road Apple Enterprise is as enterprise does Gartner’s Nick Jones wants to
characterize Apple as a consumer company but what happens when those consumers
start using Apple’s tech in the enterprise en masse Beyond Binary Ballmer
Windows 7 selling like hotcakes At Microsoft’s shareholder meeting the CEO says
the OS has sold twice as fast in its early days as any prior version of Windows
He also takes a few shots at Apple Video Google Chrome OS demonstration Crave
HDMI products to get meaningful labels HDMI Licensing releases guidelines that
enforce meaningful labeling to different versions of HDMI cables Video Digital
Pen gets app store too The Social Offerpal revises terms amid continued scandal
Under fire for running misleading ads on social networks the offers-and-surveys
broker now says publishers can choose how conservative they want to be with ads
The Space Shot Shuttle Atlantis completes smooth station linkup Atlantis docks
with International Space Station Wednesday kicking off a week of work to
transfer spare parts and supplies to the research complex Gallery A PDC peek at
a Microsoft server container photos Health Tech Germ alert Attack of the killer
necktie As the medical community debates whether to remove neckties from
hospitals to prevent the spread of superbugs that claim thousands of lives
annually a microbe-thwarting tie is born Green Tech Recycling e-waste Who should
pay Study finds consumers love the idea of recycling to combat e-waste but they
don’t want to foot the bill News News site map Latest headlines Contact News
News staff Corrections CNET blogs Popular topics Apple iPhone Apple iPod Cell
phones Dell GPS LCD TV Other popular topics Netbooks Palm Pre PlayStation 3
Security software Wii Windows 7 CNET sites CNET Site map CNET TV Downloads News
Reviews Shopper_com Other CNET sites CNET Content Solutions Crave Forums iPhone
Atlas MacFixIt Tips tricks Version Tracker Webware More information Newsletters
CNET Mobile Customer Help Center RSS CNET Widgets About CNET About CBS
Interactive Careers Editorial Press Popular on CBS sites SEC Football NFL Video
Game Cheats iPhone Video Game Reviews Notebooks Antivirus Software 2009 CBS
Interactive Inc All rights reserved Privacy Policy updated Terms of Use Visit
other CBS Interactive sites Select Site BNET CBS Cares CBS College Sports CBS
Radio CBS_com CBSNews_com CBSSports_com CHOW CNET Find Articles GameSpot Last_fm
MaxPreps Metacritic_com Moneywatch MovieTome MP3_com mySimon NCAA Shopper_com
Showtime SmartPlanet TechRepublic The Insider TV_com UrbanBaby_com ZDNet My
Lists My software updates log in join CNET

Similar Posts:

No comments yet.

Leave a comment


Archive

Links

Meta

  • No categories

    • Search

    Visite nuestros foros de discucion