Apple demands Psystar recall Mac clones
We noted yesterday that the Mac clone maker, Psystar, was sued by Apple for copyright infringement, among other things. According to a recent ZDNet post, Apple wants Psystar to recall all of the Mac clones sold since April. "Psystar's actions have been committed with intent to damage Apple and to confuse and deceive the public," Apple claims. "As a direct and proximate result of Psystar's infringing conduct, Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial," Apple notes.
I really don't see how Psystar will be able to recover all of the Mac clones sold since April. But, if you bought one, would you send it back? I certainly wouldn't. Engadget, our sister blog, is also looking deeply into this high-profile lawsuit. They take a look at what each allegation means for both Apple and Psystar.
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We noted yesterday that the Mac clone maker, Psystar, was sued by Apple for copyright infringement, among other things. According to a...
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unfortunately it doesnt seem to good for Psystar's position as on the website, they openly acknowledge that they circumvent certain security processes in order to "patch" their systems so to continue running using Apple's Software Update facility. Whilst they may technically be able to use their current arguments, Apple can assert that using their Services in per the License agreement agreed between the User and Apple and that Psystar, in modifying the mechanism to install Apple's OS, actually prevents the User in agreeing to the terms (since Psystar needs to patch the OS, requiring to pass the "I Agree To Being Owned By Apple" License).
Im sure many will see lots of holes in this situation. Unfortunately, Apple has the capability to tie Psystar up in legal battles until they are bankrupt or go out of business which despite all the arguments, i guess will be the result of this whole situation.
My 5 cents..
first thing that came to mind is the question of how many were sold... Does anyone know?
http://meandmymac.net
Apple won't bust your doors to get the clones, its Psystar's problem.
What would you do if you had one of those clones, and Psystar came knocking on your door?
a - ask for a full refund
b - demand they replace it with a similarly specced Apple computer
c - refuse to open the door
Psystar's are big pieces of sh!t, anyway. You can get an incredible Mac Mini that'll run circles around that for cheaper & IT'S APPLE!
July 16 2008 at 8:22 PM Report abuse Permalink rate up rate down ReplyI know you like Apple products and all. I do too. But don't kid yourself. The Mac Mini represents a trade-off between size/aesthetics, and power/upgradeability. Psystar's offerings may not have been as pleasing to the eye (or ears), but bang-for-buck ratio was much higher considering. Let's see what Psystar's offering at $554 is:
2.0GHz Intel Dual-Core Pentium 2.0GHz Processor
2GB of DDR2 800 memory
PCI-Express nVidia GeForce 7200GS 256MB
20x DVD+/-RW SATA drive
Gigabit Ethernet
4 rear USB Ports
Integrated Audio
Gee. A dedicated graphics card? 2GB RAM? DVD-Burner? Apple has its positives, but price and speed are neither in the case of the mini. Psystar is being sued because they offered something more versatile than Apple's lineup for a lot less than Apple would charge ($3000 for the only upgradeable unit they have). I shudder to think that not many care to challenge your zealotry and ignorance.
Uhhhh they may have infringed on some Apple copyrights, but what the hell? Confuse and deceive the public? Um I don't think they exactly did that...
July 16 2008 at 8:06 PM Report abuse Permalink rate up rate down ReplyApple played this one very smart. They waited till psystar sent out updates. This makes the case a slam dunk. You can dance around the EULA issues but the copyright infringement is undeniable and sinks psystar.
On the the issue of returning the machines. Who wouldn't? after all psystar will no doubt be forced to offer full refunds. who would dump a 4 month old computer for its full original price. Everything in it is now 25% cheaper.
I would send it back... If Apple would send me a Mac Pro to replace it :D
July 16 2008 at 7:41 PM Report abuse Permalink rate up rate down ReplyIt was just a matter of time before this happened. No use having copyrights and trademarks if your fail to defend them when another company is making a profit off your products and rights thereof...
July 16 2008 at 7:18 PM Report abuse Permalink rate up rate down ReplyI too love apple products, however, I think they might just loose this one on licensing grounds if it ever went to trial (which it won't). I don't think US law has adequately tested purchaser vs. license restriction rights. It is not all that clear cut.
Their claims for using and damaging their trademarks may carry more legal weight since these things were specifically identified as apple alternatives.
But the case is not based on the user agreement at all - but rather altering and re-selling the altered software (aka copyright infringement).
July 16 2008 at 7:35 PM Report abuse Permalink rate up rate down ReplyHot Apps on TUAW
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