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Psystar countersues Apple

The Psystar saga continues. Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X preinstalled. In June, they released rack-mount servers with Leopard Server preinstalled in both 1U (starting $1599) and 2U (starting $1999) configurations.

Last July, the inevitable happened and Apple filed a lawsuit against Psystar citing copyright infringement, and demanded that they recall all machines. Psystar responded by acquiring legal representation from Carr & Ferrell, who previously settled with Apple in another case.

Still with us? Good. This week, Psystar seems to be preparing to countersue Apple, citing anticompetitive business practices. Specifically, the suit alleges that Apple's practice of restricting OS X to Apple hardware is "...an anticompetitive restraint of trade."

We think that's a stretch, but this story sure is fun to follow. We'll keep you updated as soon as anything changes. If you want a claim-by-claim breakdown of Apple's suit against Psystar, check out Nilay Patel's full accounting over at Engadget.

[Via Electronista]

The Psystar saga continues. Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a...
 

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Alex

Yes, I think it is wrong Apple is not letting their software run on only their hardware, but they have 100% rights to it considering they made it and have the right to do as they wish with it.

Apple should win and Psystar shouldn't try because you can't sue someone for not letting their ideas be taken and used for someone else's gain. That is like, inventing electricity and having someone else get the credit, sure the idea of electricity was shared, but I think you get my point.


I agree with the fact that apple is wrong by only allowing their hardware on only their software but they shouldn't be penalized for it, just frowned upon.

August 27 2008 at 8:10 PM Report abuse rate up rate down Reply
Alex

Yes, I think it is wrong Apple is not letting their software run on only their hardware, but they have 100% rights to it considering they made it and have the right to do as they wish with it.

Apple should win and Psystar shouldn't try because you can't sue someone for not letting their ideas be taken and used for someone else's gain. That is like, inventing electricity and having someone else get the credit, sure the idea of electricity was shared, but I think you get my point.


I agree with the fact that apple is wrong by only allowing their hardware on only their software but they shouldn't be penalized for it, just frowned upon.

August 27 2008 at 8:10 PM Report abuse rate up rate down Reply
Robert

Well I must say this is an interesting development. This could also (if the government of the US was so inclined) lead to an anti trust suit by the DOJ.

August 27 2008 at 7:56 PM Report abuse rate up rate down Reply
Justin

When you buy a computer, you make significant investment in peripherals, but most of all: Software.

Thousands of pounds for the creative suite and Quark... Until recently, neither Quark or Adobe allowed cross platform upgrades... So you were, in effect locked into the Apple platform unless you re-purchased all your software.

The only way you can get a faster computer that runs your software, is to buy another Mac.

I simply could not continue to use my non-apple purchases, without another Apple purchase... There is no choice but to get a Mac. That's a monopoly. (I do love my Apple machine, and wouldn't switch, but yes, it's still a monopoly, limiting my choice of computer and potentially, best value for money)

August 27 2008 at 2:58 PM Report abuse rate up rate down Reply
1 reply to Justin's comment
.Trashes

That's not a monopoly. That's not anything to do with Apple. That's not even limiting your choice of computer.

A monopoly refers to the entire supply, not to one person.

October 02 2008 at 3:12 PM Report abuse rate up rate down Reply
lanejasper69

Does Psystar even have enough moolah for lawyers???

They are going to get Pwned!

August 27 2008 at 2:41 PM Report abuse rate up rate down Reply
krizoitz

They don't sell retail copies of the OS. They sell licenses that allow you to run the OS on specified systems. While you as an individual can choose to ignore the license and likely not face consequences, a buisness can't profit by breaking the law and expect to get away with it.

August 27 2008 at 2:27 PM Report abuse rate up rate down Reply
Bernard Ramsey

Anti-competitive? You bet. With the 360 or PS3, you can't go into a computer store and buy the operating system. 90% of the personal computer market knows little to nothing about Macs, so here's a simpler scenario than the car analogy: A person walks into the Apple Store or Best Buy, buys a retail copy of Leopard, and gets home only to find out that in order to run it legally, they have spend an additional minimum of $600 USD to buy "An Apple Computer" even though the hardware, albeit BIOS or EFI, is the SAME as Dell, Gateway, etc. I love Apple, but their decision to sell retail copies was a big NO NO. OS upgrades should never have been sold separately after they switched from PowerPC.

August 27 2008 at 1:29 PM Report abuse rate up rate down Reply
2 replies to Bernard Ramsey's comment
punkassjim

Dude. System Requirements. Anyone who buys an OS because of the pretty picture on the box should be banned from computing.

August 27 2008 at 1:44 PM Report abuse rate up rate down Reply
.Trashes

1. Look up "albeit" in your dictionary.
2. Why would someone walk into an Apple store and buy some software they didn't know anything about? Why would they be in an Apple store in the first place unless they were going in for iPod repairs?

October 02 2008 at 3:08 PM Report abuse rate up rate down Reply
Dave

This is lose-lose for Psystar.

If they lose the case; they lose, obvisouly.

If they win the case and Apple is forced to allow OS X to be installed on other x86 hardware (doesn't mean Apple has to support it, but if they are forced to remove the checks that prevent its installation), Psystar still loses because companies like Dell will put them out of business.

August 27 2008 at 12:58 PM Report abuse rate up rate down Reply
2 replies to Dave's comment
conor

Maybe the point of the company is to bring down the EULA. Maybe they are secretly backed by HP and DELL?

August 27 2008 at 6:07 PM Report abuse rate up rate down Reply
.Trashes

If they lose the case, Apple will either go out of business or move back to a proprietary architecture.

October 02 2008 at 3:05 PM Report abuse rate up rate down Reply
SpinThis!

Psystar virtually has no case.

I hate the car analogy here but let's roll with it for a second here... Imagine Ferrari (Intel) makes engines for everyone else to use. Apple (Mercedes) and Yugo (Psystar) each sell their own brand of car and Yugo just happens to use the same engine Mercedes uses in their own car. Mercedes has a special OS which controls engine management, cooling, upgraded nav system, stereo, etc. And now they're offering an upgrade for their older cars to get some of the same features and braking performance as in their newer cars. Yugo finds a way to put that OS in its own cars and claims its like running a Mercedes for less. The engine is the same, the tires are the same, and a lot of other components are similar, but it's not as well designed and it's certainly not as luxurious as the "complete". Mercedes doesn't make a sedan version of its popular coupe model and Yugo claims they're in the right because Mercedes is being anticompetitive by not offering its OS in a car Yugo wants to buy.

August 27 2008 at 11:07 AM Report abuse rate up rate down Reply
Unregistered

I hope Apple's team of lawyers takes them down brutally.

August 27 2008 at 10:44 AM Report abuse rate up rate down Reply
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