Filed under: Apple Corporate, Hardware
Apple: Psystar clones part of a larger conspiracy
Earlier this year, manufacturer Psystar began selling computers capable of running Mac OS X Leopard. They've gotten the Mac community's attention, and Apple's. Of course, Psystar found themselves involved with Apple legal shortly after their announcement. That was no surprise, but this week's news kind of is.Apple is claiming that Psystar is part of a larger group of individuals or corporations. Here's a quote from the recently amended claim:
"...persons other than Psystar are involved in Psystar's unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as ... the "John Doe Defendants"...Apple will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained."
Yikes. What does make sense in light of this accusation, if proven to be true, is Psystar's apparent brashness. When faced with an opponent as high-profile and well-funded as Apple, they've continued to sell machines. Either they're crazy or they've got some serious backbone. We shall see.
[Via World Of Apple]
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Reader Comments (Page 1 of 2)
Roberto said 7:21AM on 12-04-2008
What Apple probably means is that Psystar is a corporate shell of the OSx86 project community, trying to sell their "product" with the liability shield that incorporation provides. Apple is trying to go after the Psystar company (not worth much) and its "intellectual investors" (millions of man-hour worth) to erradicate clones and OSX infringement once and for all.
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Fernando said 8:03AM on 12-04-2008
I think it is more complicated, because OS TEN is the SOUL of a big difference, between intel + win and intel + OS TEN. Without It the hardware it's unusable. For example battery duration is the double (OSX), memmory leaks with win happens, trojans are more sucessfull and rookits too with win.
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Alex said 8:04AM on 12-04-2008
Frankly, if the computers are sold without OSX, but are advertised as being able to run it, I don't see how they are breaking any laws. It is up to the consumer as to what they do with their purchase which Apple clearly hates in all forms of the word.
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conigs said 9:20AM on 12-04-2008
http://store.psystar.com/featured/open-osx.html
They are selling computers with OS X pre-installed.
Miles said 8:08AM on 12-04-2008
This is so yesterday...get with the times TUAW!
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Les Filip said 9:06AM on 12-04-2008
Don't be such a jerk. Just because you already read this news elsewhere does not make it irrelevant to others.
Garrick said 8:12AM on 12-04-2008
I think its allot more than just the OSX86 community pushing for OSX compatible hardware. I have a feeling these "John Doe" defendants are big name players who have something to win if Apple is forced to allow their software on third party hardware.
I for one love the idea of hacking devices to run things they weren't intended to, but am against this whole Psystar fiasco. There is something very shady going on with that company.
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Fernando said 8:55AM on 12-04-2008
Which very big manufactor of computers Is Not american owned and do not have extradiction treaty with EUA?
dizzle said 9:00AM on 12-04-2008
@Garrick, I believe you are right. If it was the OSx86 community I would think Apple would have had to mention that in its request and still say the individual names are unknown. I first posted my theory back in April that Psystar are just patsies for some larger interest that doesn't want to put their neck on the line.
taran said 9:00AM on 12-04-2008
Looks like I have a new .sig
'I will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained.'
Snazzy.
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Mark Sieber said 9:01AM on 12-04-2008
Does this include TUAW for reporting on it? : )
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Gareth Williams said 9:49AM on 12-04-2008
Dude, you're getting a Psystar.
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Aron T said 10:05AM on 12-04-2008
Personally, I think allowing OS X to run on non-Mac hardware would be good for the economy as a whole.
It would increase competition in both hardware and For one thing it opens the door for poor user experiences due to hardware over which Apple has no control. On the other end of the spectrum we'll have more manufacturers building hardware that will be "Apple certified." This will of course cause a race to the bottom in terms of the amount of margin for a given set of hardware.
Apple is doing very well in part because of the amount of profit they have attached to the sale of each system. And for this reason Apple could suffer if they are forced to "open up" OS X.
An important question to ask is which Apple "company" is stronger, the hardware company or the software company? I envision some form of Apple certification being instituted in order for Apple to make back some of the lost margins. If Apple is willing to leverage their position in the software industry by courting other high profile PC manufacturers they could entice more people into "the fold." The end result is that Apple is making margin off of other companies hardware sales. I can't imagine them implementing this without either A) intervention from legislation that oversteps the bounds of what government should control or B) an economy in which consumers are unwilling or unable to afford luxury computer purchases.
I have no doubt that Apple is an intelligent company and they are clearly doing what is best for them (and doing a damn good job at it). My fear is that blind legislation could force Apple into a position in which they have no control over how their OS is forced into the market. I firmly believe that competition is a good thing, but when government mandates how that battle should be fought, well, that is a very bad thing.
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Bones3D said 2:52PM on 12-04-2008
For the consumer, this would be better, but not for Apple themselves... at least under their current business model.
Right now, their fears about cloning attempts are probably based upon what happened back in the late mid-90s when Apple actually tried to embrace cloning as a means of expanding it's market... particularly, the rise of another "Power Computing", a company that was once able to produce better, faster and more reliable hardware than Apple themselves at a lower price point. In addition, Power Computing also developed a sort of cult following of its own by capitalizing on the Mac's already heavily biased user base with slogans like "Let's Kick Intel's Ass!"
The timing for a new Power Computing-like company to rise up couldn't possibly be worse for Apple at this point. Many Macintosh users are strongly divided on whether or not they want to support Apple Inc. the same way they supported Apple Computer Inc. after being turned off by some of Apple's more recent business tactics. This is the perfect time for a powerful new opponent in the Macintosh arena to rise up, giving these users a chance to thumb their noses to Apple without actually having to give up the Macintosh experience itself.
Coincidentally... my own favorite Mac was the Power Computing Power Tower Pro. Fantastic machine, no hiccups whatsoever.
Rubbinz said 10:21AM on 12-04-2008
Steve needs to hire some different lawyers. First they come out with a "no reasonable person" would believe and Apple advertisement. Now a conspiracy? Sheeeesh!
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Rubbinz said 10:28AM on 12-04-2008
May as well tell how I feel about the actuall issue at hand.
I'm on Apple's side as far as stopping resellers from selling ready-to-go systems with OS X. They've pretty much left alone the regular people from doing it themselves, and I agree with that. I've got a system I built running OS X.
However, a company shouldn't be allowed to base their business on doing it for resell. Failing to stop people like this could be a catalyst for Apple to start doing what Microsoft has done to Windows. DRM, Keys, WGA calling home all the time to verify your system is one of the reasons I hate Windows so much.
Fernando said 10:28AM on 12-04-2008
Did You read Ender's game? Fella
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Joe Russell said 11:30AM on 12-04-2008
Apple is probably right, because who in thee-heellll is buying these boxes??
Oh I know... it's the likes of lab folks at CNET, etc who just want to run unboxing and benchmark stories, etc.
I don't know a single person who has legitimately bought one.
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SubGenius said 1:21PM on 12-04-2008
One of the strange things is how a tiny company like Pystar is able to get a top-tier law firm to defend them.
I wouldn't be at all surprised if DELL, HP, Gateway or ASUS was helping to fund their litigation in the hopes of being able to sell their own clones.
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adegans said 1:36PM on 12-04-2008
PsyStar is a secret subdivision of apple, testing how popular low cost custom built systems with osx are.
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