Filed under: Apple Corporate, Hardware, Apple Financial
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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Reader Comments (Page 1 of 2)
Orrello said 4:36PM on 7-16-2008
Did anyone really buy one? :)
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RoyBoy said 5:03PM on 7-16-2008
As I read the post I thought "I wouldn't send it back".
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Basye said 4:51PM on 7-16-2008
How many have actually been sent out (not ordered, but made it into customers hands)?
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ZeroCorpse said 8:21PM on 7-16-2008
I have a CRT iMac, formerly owned by a classroom (teachers' model) that is still working in OS X like a champ. My wife even does her Photoshop work on it without issue.
No, it's not lightning fast, but it's working, and like any good Mac, it's always on or in sleep mode, and has been for almost a decade.
Of course, I'm pretty happy with my MacBook, too. . .
Vince said 2:49AM on 7-17-2008
Zero, he is asking about the clones, not iMacs.
tim said 4:58PM on 7-16-2008
I'm sure Apple played it this way on purpose. If they were to order a cease and desist right away, Psystar would have just tried a different (false) loophole, but now, they have so much more to lose, what with all the shipping, refunding, angry customers, etc.
Well played Apple. And anyone who cries that Apple is being mean, you've never owned anything you try to make a living on.
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bobertoq said 5:14PM on 7-16-2008
Mhh.... Now that you mention it, you maybe right. Nice move, Apple.
Rick said 5:51PM on 7-16-2008
I thought the same thing. They waited until the units already shipped! That's frickin' hard core. Sucks to be Psystar. (How the heck do you even pronounce "Psystar"?)
Blackstar said 6:27PM on 7-16-2008
Psystar ( |sī'stär| ), pronounced PWND.
Allen said 6:29PM on 7-16-2008
Obviously, you haven't owned many Macs. Out of the 3 ibook's I've owned 1g3 and 2 g4s, all have had logic board failures. My old G4 sawtooth also bit the dust via logic board failure. I'm praying that this Macbook doesn't do the same or I may very well have to stop using Apple products. BTW, my old compaq presario from 2000 still works. Go figure.
tim said 6:39PM on 7-16-2008
Allen,
I'm not sure what this has to do with anything. Perhaps you replied to the wrong thread? I'm too lazy to check. And while I don't like to "brag" about what I own, since you started this pissing contest, and suggested I've never owned a Mac, I CURRENTLY have a Powerbook g4, 24" iMac (white version), Mac Mini (running as a Tivo) and am on my new Macbook to write this. So really, I don't know what you are talking about, and I don't think you do either. Go troll elsewhere.
Eric said 5:18PM on 7-16-2008
Can't Psystar just stop marketing them as "Mac-ready?"
By now, the Internet knows that you can run OS X on it, Psystar can just sell PCs... without an operating system installed.
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Fozzy Bear said 5:42PM on 7-16-2008
hopefully Psystar's folks aren't huddle in that warehouse laughing at this... cuz the rod of Apple will no doubt be the instrument of wrath to gut Psystar to the core!
no for real, Psystar hopefully has a lot of money in hidden places otherwise they'll be crushed quickly... i'm pretty excited to watch it happen.
besides, i wouldn't dream of buying one of those things... i prefer the prestige, design, and engineering of Apple as a premium manufacturer of my computing goods. i feel they've put the effort into what it is today and Psystar doesn't have a right morally or legally to attempt to dilute the rewards of that effort.
and i have an insatiable appetite for justice... i can't wait to see it served.
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Rick said 5:54PM on 7-16-2008
Don't the things sound like aircraft carriers when you turn them on? I'm still waiting to hear if anyone actually bought one.
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Trevor said 7:49PM on 7-21-2008
While Apple is a niche player in the computer market they can be anti competitive but as they increase in market share they will have to be careful.
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Rubbinz said 6:23PM on 7-16-2008
Why does Apple think they can order someone to go busting down doors to confiscate goods already sold and delivered? It's like when they shipped some MobileMe retail boxes early and ordered FedEx to go back out and confiscate them. I'd tell 'em to go pound sand if someone came rolling back to demand I give it back.
I've got no problem with them demanding a halt to all future sales, but you do not order people to go back out and bust down doors.
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Gene Williams said 6:34PM on 7-16-2008
I 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.
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Jeff said 7:36PM on 7-16-2008
But the case is not based on the user agreement at all - but rather altering and re-selling the altered software (aka copyright infringement).
geochick said 7:18PM on 7-16-2008
It 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...
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Greg said 7:41PM on 7-16-2008
I would send it back... If Apple would send me a Mac Pro to replace it :D
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