Psystar bizarrely claims Apple doesn't own copyright for Mac OS X
In what might be the most outlandish claim yet to surface in the case, Psystar now claims that Apple never registered Mac OS X with the U.S. Copyright Office, rendering its copyright invalid, according to InformationWeek. Note that registration isn't a condition of protection, but it is a condition of certain types of infringement actions and damages.
Psystar argues, thus, that since Apple doesn't own the copyright, there's no way for Apple to enforce its claims that Psystar violated its copyright. The claim was filed in U.S. District Court last week.
Although copyright registration number TX0005401457 describes a "computer program" named Mac OS X, it's unclear how Psystar argues this isn't the copyright Apple owns on its operating system. Moreover, contrary to what Psystar appears to argue, copyright is secured automatically in the United States when the work is created, and registration is not a condition of copyright protection (although it can help in fighting infringement). Our Engadget colleague Nilay Patel sums up this latest Psystar legal stratagem as "desperate." Plus, you can file suit while registration is pending, so even if there was some technical defect in the Mac OS X registration, Apple could fix it while pursuing its lawsuit.
If this long shot claim were true, it could undermine Apple's ability to restrict third parties from selling generic clones that run Mac OS X. The back-and-forth arguments are part of a lawsuit Apple originally brought against Psystar for selling Mac OS X with its clones, allegedly in violation of Apple's license agreement. According to InformationWeek, Apple now suspects that a larger company interested in selling Mac OS X-compatible computers is bankrolling Psystar's legal battle.
[Via Engadget.]
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In what might be the most outlandish claim yet to surface in the case, Psystar now claims that Apple never registered Mac OS X with the...
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Typical Asian nonsense
December 26 2008 at 2:11 AM Report abuse Permalink rate up rate down ReplyI would like to mention a few things.
1. Apple Mac OS X is now based on an open source code. Apple modified it with their great looking and efficient GUI, there you have so much for the argument that they own the full legal rights to the software they "created".
2. As far as I know "EFI" is not a technology owned by Apple.
3. If Apple is selling a retail copy of software (like Mac OS x), meaning purchased at the apple store without any hardware included, then I do think that any Judge in their good righteous mind will not favor a restriction like the one apple imposes (to be installed only on Apple's Hardware). People, every one has to remember that Apple's EULA IS NOT A LAW, is a company policy, and if it turns to be consumer unfriendly, it will certainly not hold water in court.
4. Ask yourself, What makes a Mac computer? In simple words is a collection of parts or components made by many manufacturers, and those happen to be the same as in windows PC's. This is a battle IBM lost already cause they DID NOT OWN RIGHTS ON THE HARDWARE. It is like telling people do not buy different car parts (or mix parts from Chevy and Ford) to build your own "Cheford".
5. Ask yourself, Why Apple switch from IBM CPU's to Intel? They claim it was due to IBM not satisfying their request for a cpu that is smaller, faster and consumes less energy( all that is true), but I think Apple really wanted a divorce from IBM to simply engage intel so that Microsoft users enjoy Apple's Mac OS X while enabled (thru bootcamp) to use MS Windows on their Macs without missing the functionality from their PC technology. Now, Apple does not have any policy restricting users from installing MS Windows OS on intel Macs, how weird is that, is exactly the reverse of their very own restriction. Well if Apple is to win this case, then Microsoft Corp. will earn the right to add a clause in their EULA to restrict users from installing Windows Vista on Apple made computers (as is not intended for macs). They will have the rights to enforced this EULA after Apple wins.
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I will close this comment now. I am not a lawyer, but if I have to say something, is that Psystar's Attorneys are not fully understanding what they are dealing in court. Gentlemen, this the right argument. Don't loose focus.
P.D. I have owned five mac's. and also have an Acer Hackintosh (which I am using right now) and Mac OS X is better supported and runs better on Macs (duh!), it was written for Mac and Apple has outstanding customer support, but there is another fact, Mac OS X runs very well (near perfect) in my $450 Acer, way better that Windows Vista did on it.
1) Apple openly distributes Darwin, which is open source. The components of their OS that you speak of fall under one of the many BSD licenses in existence, which is NOT the same as using a linux distro. Also, dude, their GUI is totally their property. End of story.
2) EFI was developed by Intel. NOBODY said that Apple invented EFI.
3) Actually, the judge would most likely rule in favor of Apple because what Psystar is doing is against copyright law. Also, my dear friend, circumventing built-in security measures is most certainly against the law. So is software/media piracy and distributing pirated software/media. Those are criminal acts.
4) Apple's use of hardware is licensed to them by the original manufacturers. Also, wrong again. IBM couldn't sue because compaq reverse engineered their rom, which was legal at the time and Microsoft didn't care enough to raise a dispute. See, they HAD to reverse engineer the rom because Apple had won a case against franklin that concluded with a ruling that the operating system and rom was protected under copyright. See, Franklin tried the same crap that Psystar did and Apple won THEN as they will now. look it up.
5) Apple switched to intel so that they can keep up with the rest of the market. G5's were terribly hot running chips and they were expensive on top of that. Apple only wants people to use OSX on Apple hardware. Clones are a really STUPID idea, that Apple, in Steve's Absence, already tried and failed at. When steve got back, one of the first things he did, was to kill the clones. Apple's OS is already protected under copyright law. Apple layers their defenses. The EULA is only one facet of hundreds.
"I am not a lawyer"
That much is clear.
"but if I have to say something, is that Psystar's Attorneys are not fully understanding what they are dealing in court."
They are stalling. They know they can't win, so they are trying to draw this out. Seems they have a better grasp of the situation than you do, my friend.
"It is like telling people do not buy different car parts (or mix parts from Chevy and Ford) to build your own "Cheford". "
What you do at home is your business, but if you try to SELL a Cheford for any amount of money, both companies and the government would brutally rape you. Especially if the parts are STOLEN.
"EULA IS NOT A LAW, is a company policy, and if it turns to be consumer unfriendly, it will certainly not hold water in court."
It is a contract, one that you absolutely HAVE to agree to before you can install OSX.
Also, there are competing products on the market. Psystar already TRIED that argument and got shot-down instantly by the honorable judge.
Seems that you can't call Apple's practices consumer unfriendly when there are other competitors on the market. Apple isn't doing ANYTHING to keep you from running Linux or Windows on your home PC or Mac
-End of line
"Apple is marketing to everyone"
Apple clearly stated that they WILL NOT compete in certain markets. Just like Mercedes. They don't cater to everybody.
"I can spend half the money and get a brand new PC, that probably comes close in specs anyway."
Then do THAT and don't use OSX, like I said.
"before I shell out $3000 for a something I'll only use for testing."
Wow, obvious troll is obvious.
Macs don't cost $3000, bub
"then more and more people will do everything they can to fill that void in the market. "
There are plenty of windows machines that fit your price point and 'fill the void'. Buy those.
Nobody has a right to steal or appropriate Apple's IP. If you don't like Apple's way of doing things, there are plenty of windows and linux-based competition on the market.
"(and trust me, they're not as popular as you think they are),"
Good, then stay off of OSX. Simple as that.
"More and more knock-offs will start to appear"
Intel Macs all have TPM's in them (See, Apple KNEW that Hacks would do this crap). All Apple has to do is USE them and the clones die right there. I would imagine that recent events are a good excuse to drop the other foot.
"if Apple doesn't realize this then they're going to find they suffer the same fate as the music and film industry is. "
You mean rampant piracy?
So, how is GIVING their property away and eating a ton of PLASTIC going to remedy that?
Apple already did the stuff that you WANT back in the 90's and it did NOT work then. Look it up.
"So ya, your "door fee" analogy proves to me that you believe that owning an Apple computer is the equivalent to getting into a fancy club, well I'm sorry to break it to you, but they're just computers,"
If that's the case, then leggo my eggo, STFU, GTFO, STOP complaining about prices that you're too broke to pay and use a Dell with windows so you can be be happy with THAT.
Meanwhile, I'm going to continue BUY Apple's products because I care about the future, I can afford them and I wish to assure the well being of my favorite company and the future products that they will market.
We don't serve your kind of riff-raff here.
MMMM, that's some good beef wellington! Oh, another slice? Suuuuuuuure!
"Seriously, if you don't want to pay the *door fee* then stay out there on the cold street with the rest of the windows and Linux users while us TRUE Mac users stay inside where it is warm and safe."
Hi, I'm a Mac, and I only consider myself and everyone else who isn't a raging fanboy like me can kiss my USB port.
Sorry to break it to you there big guy, but Apple isn't the same as Mercedes. Mercedes doesn't make economy cars because that isn't the market. Apple is marketing to everyone. Their whole marketing strategy is to spin Apple computers as "so simple a monkey could use it".
Then you go to the store and realize that you have to be a pretty rich monkey.
Someone suggested I buy an Apple computer on the resale market, but why should I? I can spend half the money and get a brand new PC, that probably comes close in specs anyway.
Can I afford a brand new Macbook, yes....of course I can, but out of principal (and need) I won't spend that kind of money. I would rather spend my time trying to get a "hackintosh" to work before I shell out $3000 for a something I'll only use for testing.
Regardless of what elitist ideals you hold on too, the fact is that if Apple continues to sell their products as the prices they are, and offer no alternatives to that, then as they grow in popularity (and trust me, they're not as popular as you think they are), then more and more people will do everything they can to fill that void in the market.
Psystar is a perfect example of that, and so is the Meziu M8. More and more knock-offs will start to appear and if Apple doesn't realize this then they're going to find they suffer the same fate as the music and film industry is.
So ya, your "door fee" analogy proves to me that you believe that owning an Apple computer is the equivalent to getting into a fancy club, well I'm sorry to break it to you, but they're just computers, same as any other and until you (and Apple) realize that, they will continue to sell their products using unclassy advertizing, and at a price that most people can't or won't spend.
OR, apple could realize that instead of spending time trying to sue the pants off anyone trying to get hold of an apple computer, they could produce machines (or allow a company like Psystar to sell reasonable priced computers.
I enjoy how apple markets their computers "for everyone" but keep the price to high that many people even if they wanted one couldn't afford it.
You want to know why Windows PC's still hold 80 - 90% of the market, it's because they realized a long time ago that making a product out of reach of the average consumer isn't always the best move if you want to make a profit.
Why has a company like Psystar even popped up? If Apple was selling computers at a reasonable cost, it wouldn't be worth it for a company like Psystar to even attempt business.
How do I know this to be true, because I am one of those who would like to have an Apple for testing, but I have no desire to pay the prices they set. If Psystar offered a laptop, I would have it on my desk already.
OR Apple can protect their IP and not let people bully them into destroying their winning Business model.
Seriously, Apple did clones before and it nearly killed their company.
http://www.archive.org/details/MacClone95
SGI Opened up their OS (Irix) to run on NON-SGI hardware and they DID go bankrupt.
PC's hold 90% of the Market, true. But what happened to IBM?
IBM didn't want to have clones of their machines on the market. Once the clones started rolling out, that was pretty much the end of IBM because the market was saturated by low cost, yet INFERIOR PC clones.
Increasing the marketshare of your OS means NOTHING when your entire company gets tanked in the process.
There is a REASON why Apple doesn't make the kind of computers that you want them to make. Allowing a third party to do it is NOT a viable solution. Apple ALREADY did that and it was the STUPIDEST idea in the history of the computer market.
Plus, right now, Apple sells the mac Mini, which costs $600. Plus there are tons of affordable RECENT macs in the resale market that costs even less.
Seriously, I hope Apple starts using those TPM's with the next release of OSX. They are probably waiting until after they win this case. Then the hammer falls and Every version of OSX only runs on Apple hardware.
I don't see Mercedes making economy cars. Does that give YOU the right to make a cheap piece of crap and put a Mercedes logo on it? Nope.
A 80gb PS3 costs about $400. Does that give YOU the right to steal their OS and make a less expensive console running that PS3 OS? Nope!
I don't like how much Marvel charges for their comics. Does that give ME the right to scan them and sell them for 50 cents each? NO!
Straight up, I don't care if you EVER get to use a Mac or OSX. I REALLY don't care about what you want because what you WANT is a big threat to the stability and future of my favorite OS and Hardware Company.
Seriously, if you don't want to pay the *door fee* then stay out there on the cold street with the rest of the windows and Linux users while us TRUE Mac users stay inside where it is warm and safe.
"If you don't want to buy a Mac, then Apple doesn't care about you unless you want to steal their stuff. "
Thank you for helping prove my point.
Apple is a business, their principal concern is their profit and their customers.
If you don't want to buy a Mac, you are NOT their customer and they aren't making any profit on them.
If you steal their property, then you are threatening their profits. THEN they'll care about destroying you.
Do this to ANY company and they'll react the same way.
I personally hope that Psystar can somehow win this case. I have always said that if Apple wants to continue to sell high priced machines to keep the quality up then go ahead and do that, but there are a lot of us out there who wouldn't mind having an Apple capable computer for other reasons.
As a web designer I would love a Psystar machine for testing on. I don't really have a need or desire to spend almost twice as much on a fancy Apple machine for the limited amount I would actually use it.
If I were Psystar, I would simply include the OS free with every purchase. I would call it a gift to our users and they could choose to use/install the OS or not. Regardless, I think the days of Apple sitting at their end of the table, arms grasping the "loot" and snarling at everyone else is coming to an end.
Apple can choose to fight all the companies that are inevitably going to try this, or they can start offering affordable computers to people who want to buy a Mac, but aren't willing to pay the crazy "Apple Tax"
Well, good thing that Psystar doesn't have a snobals chance in hell of winning.
OSX is Apple's property. If you don't want to buy a Mac, then Apple doesn't care about you unless you want to steal their stuff.
End of line.
Apple is a hardware AND software company. Just as the Zune and xBox make Microsoft a hardware company as well as a software company.
Point is, being predominantly software or hardware has nothing to do with restricting the use of products by 3 parties. It also has little impact on copyright.
Regarding the Psystar case, Psystar isn't using Apple hardware. They are using Apple software. In this instance, Apple is a software company.
Personally, I think Apple's switch to Intel and being capable of running Windows opened the door to this. I think a clever lawyer could make the argument that Apple makes a PC capable of running Windows, Linux, and OSX. As such, their restriction of OSX to their machines could be view as monopolistic. While it's a bit of a stretch, it is an interesting argument.
Apple is a HARDWARE company. The software they develop for use on their computers is solely for the purpose of differentiating their hardware and for advancing their hardware sales. They do not prohibit you from installing any software you want on their hardware, including Windows and Linux. They make no bones about the fact that the software the provide for free and for sale, is solely for use on Macintosh and iPhone/iPod/iTouch computing platforms, thus, using their software to enhance the sale of their competitor's hardware is what this is all about.
December 25 2008 at 7:57 PM Report abuse Permalink rate up rate down Reply"Apple is a hardware AND software company"
no, Apple is a hardware company that makes software to go with their hardware. Even if the WERE a software company, they can choose what platform their software will run on.
"Just as the Zune and xBox make Microsoft a hardware company as well as a software company"
Look, if someone steals the Xbox OS and makes a clone Xbox, Microsoft would sue them into oblivion.
"I think a clever lawyer could make the argument that Apple makes a PC capable of running Windows, Linux, and OSX."
Look up Apple v. Franklin. Apple has precedent here.
"As such, their restriction of OSX to their machines could be view as monopolistic."
No it isn't.
Apple made OSX, they have a right to use it in anyway they see fit. In fact, things like copyright, patent and trademark are all examples GOVERNMENT SANCTIONED monopolies.
There is NO LAW that stipulates that a company has to share its secrets with their enemies. Plus, my dear friend, the judge already shot down the whole monopoly claim that Psystar made.
They are in NO position to attack Apple here. They'll be VERY lucky if this doesn't end with a round of criminal indictments for felony copyright infringement, Software piracy, distributing pirated software, etc.
What people always forget in their comparison to MS is that Apple is a hardware company. MS was nailed for their bundling of their software on other OEM hardware. Since MS is the dominant OS, they were abusing their monopoly position. OS X is the required software to make Apple hardware work. Sort of akin to Sony's PS3 OS. Should you be able to run that on non-Sony hardware?
Also, the OS X retail version is technically considered an upgrade since their hardware is preinstalled with a prior version of OS X. Hence the incremental naming, OS X 10.4 (Tiger) to OS X 10.5 (Leopard). So when you buy that retail box, you are purchasing an upgrade under the auspices of having a previous version. Anyway, that's just my two cents.
As far as the copyright thing goes, it's never cool to steal someone else's work and not get compensated for it. Maybe Psystar is trying to imply that Apple didn't copyright Leopard. Again, see my point about the upgrade above. If OS X 10.0.0 was registered, then the subsequent incremental upgrades should be covered under that registration.
Ha! Next thing you know russians will start charging license fees for using smileys..
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