Skip to comments.Clone maker will countersue Apple
Posted on 08/26/2008 9:47:14 PM PDT by Swordmaker
US-based Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday in the US as well as a countersuit of its own, alleging that Apple engages in anti-competitive business practices.
Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple's tying of the Mac OS to Apple-labeled hardware is "an anti-competitive restrain of trade," according to attorney Colby Springer of antitrust specialists Carr & Ferrell.
Psystar is requesting that the court find Apple's end user licence void, and is asking for unspecified damages.
Springer said his firm has not filed any suits with the Federal Trade Commission or any other government agencies. The answer and countersuit will be filed Tuesday afternoon in the US in the US District Court for Northern California.
Pedraza attended at a press conference his lawyers called to present how the Psystar will defend its its OpenComputer Mac clone, which has been for sale online since April.
Psystar's attorneys called Apple's allegations of Psystar's copyright infringement "misinformed and mischaracterised." Psystar argued that its OpenComputer product is shipped with a fully licensed, unmodified copy of Mac OS X, and that the company has simply "leveraged open source-licensed code including Apple's OS" to enable a PC to run the Mac operating system.
Pedraza says he wanted to make Apple's Mac OS "more accessible" by offering it on less expensive hardware than Apple.
"My goal is to provide an alternative, not to free the Mac OS," said Pedraza. "What we want to do is to provide an alternative, an option ... It's not that people don't want to use Mac OS, many people are open to the idea, but they're not used to spending an exorbitant amount of money on something that is essentially generic hardware."
Apple will have 30 days to respond to Pystar's counter-claim. In the meantime, Pedraza says it will be "business as usual" at company headquarters. Though he said there was a "slight" downward dip in sales once Apple filed its suit, he planned to go ahead with making servers, and soon, a mobile product, which he said will be "like a notebook." But he refused to offer more detail.
Apple declined to comment.
But other legal experts say Psystar faces a tough legal challenge in proving Apple has engaged in antitrust behaviour by loading its software on its own hardware and thereby allegedly harming consumers and competitors.
Psystar's ability to prevail on the issue of having the latitude to load Apple's OS on its own hardware, given it has a licensing agreement with the company, may prove an easier road to hoe, legal experts note.
CNET News' Dawn Kawamoto contributed to this story.
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I’ve always thought of MAC hardware as overpriced. the OS is pure gold though..
Psystar is MAC what Linux is to Windows.
Psystar's ability to prevail on the issue of having the latitude to load Apple's OS on its own hardware, given it has a licensing agreement with the company, may prove an easier road to hoe, legal experts note.WHAT? Where did that allegation come from? Nowhere have I seen anyone claiming that Apple has licensed Psystar to do anything with OS X except to install it on an Apple Labeled computer through it's EULA.
Mac heads remind me of Obamaniacs.
That does not follow. That's like saying Psystar is to Mac as Joe's Windows OS is to Windows. Linux is an OS. Psystar is a company selling hardware.
I meant Psystar Hardware is the opensource, and Mac Hardware.. you know what I mean :(
I suspect Apple’s real agenda here is the ‘it just works’ reputation their products have with their adherents. They want no part of supporting their OS on other hardware, or of people having problems running it on hardware apple didn’t supply the drivers for.
Who can blame them for that? It’s their business, it’s their custom GUI on top of BSD. Psystar can write their own BSD derivative if they like and support it.
This restriction may or may not be fair, but that's not the question. Apple's EULA is somewhat more restrictive than other, but it's not unheard of. Windows 95, 98, NT, 2000 and XP allow only one install of the software, even though technically you could load the same CD onto thousands of PCs (until WGA was implemented.) But anyway, I think the precedent of selling you a CD with software and then telling you what you may do with the software is well established by now.
I believe Psystar also understands that, and that's why they are grabbing at straws, claiming higher misdeeds of Apple. But the judge only needs to hypothetically substitute a smaller, non-Apple company and see if it makes any difference. It won't. I can open a one-man company and send you a CD with the same EULA, and it will be just as enforceable as Apple's. If Psystar has nothing else to fight with, it is only delaying its demise. It might be not a bad business plan, after all, if the company can keep the preorder payments and then be closed by the court. If the owners are properly insulated from the corporation they have a chance to get away with it, however barely.
True. I have an XP, a Suse Linux, and a Mac OSX at home... I love Suse Linux 11.0!
One year later we see that-
Florida judge will laugh at that
The Psystar boys bring a functioning clone to court and that high flying bs gets shot down
Psystar will beat Apple in a Florida court
Apple will concede a segment of its desktop business to Psystar style clone makers
Steve Jobs and Apple will grow up and learn to be happy with the Apple laptop business which is growing mightily anyway and is its most consistent profit center
Maybe a hoer?
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|Price per Unit (piece): $554.99
|Ask a question about this product|
The highly extensible Open Computer is a configuration of PC hardware capable of running unmodified OS X Leopard kernels. All known Leopard software works flawlessly including the built-in Software Update utility. The price includes a retail copy of Leopard in its original package. We preinstall OS X on your machine so that you may be able to begin using your Open Computer right out of the box. Information about our restore disc is available on our website. Please note that Bootcamp is not supported by Open Computers because it is Apple-hardware specific.
|Open Computer: The Smart Alternative to an Apple|
Why spend $1999 to get the least expensive Apple computer with a decent video card when you can pay less than a fourth of that for an equivalent sleek and small form-factor desktop with the same hardware. Sometimes reinventing the wheel is a good thing. The Open Computer can work for new Mac users and Mac geniuses, alike.
You don't need to spend an arm and a leg to get the full OS X Leopard experience. Apple's Mac Mini is completely stripped and still expensive. Why would you want a stripped-down computer, anyway? You asked for a good and inexpensive computer that can run OS X and we answered with the Open Computer which is
|Open Computers: OSx86 Compatible|
The Open Computer/OpenPro is fully compatible with the OSx86 Project and is 100% operational out of the box. With no assembly required the Open Computer is a great value. You won't have to try to return parts because they're incompatible or don't work exactly as you'd like them to. Psystar has tested the Open Computer thoroughly and even run XBench to confirm the performance that is advertised. With this level of compatibility it's easy to install OS X Leopard on your own. Pick one up today.
The Open Computer mops the floor with the average Intel Mac Mini as can be seen from the XBench results (but the Open Computer shows up as a Mac Pro in XBench and isn't too far off from the average Mac Pro in it's base base base configuration). As a better performer for less the Open Computer is a superior product . New Xbench tests will be performed and posted here on both the Open and OpenPro computers.
Obviously, from your several consecutive posts, you have an agenda yourself.
Apple pan dowdie
He won't get a chance.
The suit was filed July 3 in U.S. District Court in Northern California.
If they bring a "functioning" clone to court, it will save Apple the trouble in bringing in Exhibit A, a Pyystar clone with a modified version OS X illegally installed on it, which will prove their contention that Psystar has illegally copied and distributed OS X on other media than that which Apple provided in its OS X Leopard Upgrade package, violating Apple's copyrights.
Don't you love screwed up metaphors? Those short handled hoes are hard on pavement...
Maybe they use them to install potholes?
Obviously a modified installation in violation of US Copyright laws because they need to have a "Special restore" disk to install OS X that they DON'T send you.
Psystar claims their Open Computer,2.0GHz Intel Dual-Core Pentium 2.0GHz Processor:
. . . faster than most Apple computers out now . . .
. . . The base processor of the Open Computer is faster than any processor available for the Mac Mini.
. . . Why spend $1999 to get the least expensive Apple computer with a decent video card when you can pay less than a fourth of that for an equivalent sleek and small form-factor desktop with the same hardware?
. . . the Open Computer shows up as a Mac Pro in XBench and isn't too far off from the average Mac Pro in it's base base base configuration). As a better performer for less the Open Computer is a superior product .
Not one of those statements is true. They are demonstrably false. Just more BS they use to sucker people into buying a load of their unsupported junk. Even the lowliest Mac Mini sports an Intel Core 2 Duo, Intel's premium line of Duo processors, which has a minimum 2MB Cache, not just an older Dual-Core Pentium, Intel's bargain basement processor, with only a 1MB Cache.
They then dare to compare their crappy computers with Dual-Core Pentiums with a Mac Pro, which has, in its least configuration, an Intel® Xeon® 2.8GHz QUAD core processor with a Dual 12MB Cache, and dare to claim its "faster than most Macs."
Let's see: iMac 2.4GHz, 2.66Ghz, 2.8GHz, and 3.06GHz Core 2 Duo's with 6MB L2 Caches. MacBook 2.1Ghz, 2.4Ghz Core 2 Duos with 3MB L2 cache. MacBook Pro 2.4Ghz, 3MB L2 Cache, 2.5GHz, 6MB L2 cache.
Even the least expensive Mac Mini is at 1.83GHz Core 2 Duo 2MB cache is faster than their crippled 2.0Ghz bottom-of-the-barrel computer. The Mac Mini's faster 2.0GHz model certainly is.