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Psystar Offers $399 "OpenMac" Computer

mytrip writes to tell us that Psystar has announced a new line of Intel-based computers that promise to run an unmodified version of Mac OS X "Leopard". Unfortunately almost immediately after the launch their website went down and as of this story remains unaccessible. "Astute readers may well hear this news and ask themselves if it doesn't sound like a Mac clone, something whose time came -- during Gil Amelio's tenure at Apple -- and went shortly after current CEO Steve Jobs assumed the helm at the company. [...] It definitely defies the EULA for Mac OS X, which specifies that the purchaser of a legal copy of Leopard is entitled to install the operating system on an Apple-branded computer. If you buy the $399 OpenMac, you can check the EULA yourself if you also buy the pre-install option, as the company includes a retail copy of Leopard with your purchase."

615 comments

  1. No wonder Apple wants to stop Psystar by ccguy · · Score: 5, Insightful

    I'm sure it's gonna take Apple seconds to upgrade their OS so that it refuses to work on these things.

    ..but if they do, public perception of Leopard might go from 'just works' to 'upgrades may be fatal'. So no wonder they may want these units to not ship at all even if technically it would be trivial to render them into regular PCs.

    BTW, how hard would it to hack this "EFI V8 emulator" into any PC that uses the same parts?

    1. Re:No wonder Apple wants to stop Psystar by clf8 · · Score: 4, Insightful

      Not sure why public perception would be like that, since the vast majority would actually own a mac and upgrades truly would just work.

      Psystar has already stated that they had to modify the OS to get it to run. No big deal, but it's THEIR responsibility to make things work again if an Apple upgrade breaks things (maliciously or not).

    2. Re:No wonder Apple wants to stop Psystar by ColdWetDog · · Score: 1, Funny

      I'm sure it's gonna take Apple seconds to upgrade their OS so that it refuses to work on these things.

      Nope, they didn't even have to do that because the Reality Distortion Field is so all powerfull. Note FTFA

      Psystar announced Monday OpenMac, an Intel-based computer built from industry-standard parts that the company claims will run an unmodified version of Mac OS X 10.5 "Leopard." The company achieves this by using a EFI V8 emulator that it said tricks a Leopard installer CD into thinking the OpenMac is a genuine Mac. Shortly after making its announcement, the company's Web site went down, and it remains inaccessible as of this writing. (emphasis mine)
      .

      Pretty impressive. Steve doesn't even need lawyers.

      --
      Faster! Faster! Faster would be better!
    3. Re:No wonder Apple wants to stop Psystar by jmauro · · Score: 1

      It'd also be their problem when Apple sues them into thr ground for license violations. And probably all their customers as well.

    4. Re:No wonder Apple wants to stop Psystar by ldierk · · Score: 3, Informative

      Psystar has already stated that they had to modify the OS to get it to run. Alothough the article states:

      that the company claims will run an unmodified version of Mac OS X 10.5 "Leopard."
    5. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 5, Insightful

      Courts really do frown upon lopsided unsigned pre-purchase contracts.

      Basically, it wouldn't be an issue if the agreement was on the box for everyone to see. It probably wouldn't be an issue if Apple made you read and sign the agreement before buying a copy. But go to Best Buy, purchase a copy of osx, open it up, read the agreement, box it back up and then try and return it. Good luck.

      Apple really might not like the outcome of a case like this.

    6. Re:No wonder Apple wants to stop Psystar by ccguy · · Score: 2, Interesting

      Not sure why public perception would be like that, since the vast majority would actually own a mac and upgrades truly would just work.
      Yes, but pissed off people make more noise than happy customers. Some would rather rant in a blog and submit links everywhere than admit that their purchase wasn't that clever.
    7. Re:No wonder Apple wants to stop Psystar by truthsearch · · Score: 2, Informative

      Courts really do frown upon lopsided unsigned pre-purchase contracts. Sources, please? The only case I know of on the subject decided that shrink-wrap licenses are enforceable.
    8. Re:No wonder Apple wants to stop Psystar by PC+and+Sony+Fanboy · · Score: 2, Interesting

      vanilla kernal on a hackintosh is really easy if the hardware specs are right... so I'm not sure why they had to modify the OS - maybe they just needed the EFI emulator, which starts up before OSX? *shrugs*

    9. Re:No wonder Apple wants to stop Psystar by truthsearch · · Score: 4, Funny

      Yes, but pissed off people make more noise than happy customers. Never met a mac fan, have you?
    10. Re:No wonder Apple wants to stop Psystar by zurtle · · Score: 1

      I hear Roland rumbling in the distance...

      --
      Couldn't stand the weather
    11. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      Post a link to a case in recent (last year or two) history, and we'll go from there.

      Otherwise, you are little more than a fear-mongering liar.

    12. Re:No wonder Apple wants to stop Psystar by CajunArson · · Score: 3, Interesting

      Apple will win this case without any problems whatsoever and (if you were to print out the decisions) probably more than a ton of case law on Apple's side. The license is perfectly clear, not even close to being unconscionable, 100% enforceable, ans Psystar knows this. Apple probably has not bothered suing home enthusiasts who mod the software by hand since a. it is a waste of money going after individuals who are not
      making money; b. there is little to no chance of it causing problems with Apple brand perception. However, as soon as this goes from a wacky and semi-functional side-project into a money making business.

          The funny thing is for all the people who think Psystar is somehow great, after doing this (assuming it's not just a prank) there is probably a GREATER chance that the hobbyists will get sued in the future since more publicity makes this more of a threat to Apple's image.

      --
      AntiFA: An abbreviation for Anti First Amendment.
    13. Re:No wonder Apple wants to stop Psystar by michrech · · Score: 1

      This and this will get you started.

      I'm using the following parts:

      Ultra Wizard mid-tower (free after $40 rebate, no shipping, from Frys)
      Thermaltake 500w "Modular" power supply
      Intel "Bad Axe 2"
      Intel E4500 (Allendale) C2D 2.2ghz processor
      2GB G.Skill DDR
      80gb Seagate SATA HDD
      IDE CD-RW/DVD-RW (LiteOn or AOpen, I forget, doesn't matter)
      nVidia 8600gts PCIe video

      Works great with OSX, though the machine spends most of its time in XP (Can't play the games I play in OSX, natively).

      --
      bork bork bork!
    14. Re:No wonder Apple wants to stop Psystar by insanemime · · Score: 2, Interesting
      What I love is this from their FAQ:

      Can I run updates: The answer is yes and no. No because there are some updates that are decidedly non-safe. Yes because most updates are not non-safe. It's best to check on InsanelyMac for this information but when in doubt don't update it. You may have to reinstall your OS X if it is a non-safe update. I see this blowing up in their faces big time.
    15. Re:No wonder Apple wants to stop Psystar by EverDense · · Score: 4, Informative

      http://www.internetlibrary.com/cases/lib_case209.cfm Court holds that Gateway's Standard Terms and Conditions, supplied along with and inside the packaging of a computer purchased by the plaintiff, do not create a binding contract with that consumer under either the law of either Missouri or Kansas. The court reached this conclusion despite the fact that the Standard Terms provide that they will constitute the terms of such an agreement if the consumer retains the computer for more than 5 days, and the consumer so retained the computer. Look up "Software license agreement", the law is not clear cut at all.

      --
      http://jesus.everdense.com/
    16. Re:No wonder Apple wants to stop Psystar by virchull · · Score: 1

      Psystar's bet - Apple didn't want to see laid on the table. Psystar is betting they can win a court case where the issue is: now that Apple sells their OS separately, the EULA requirement to install only on Apple hardware is illegal product bundling. This is the same legal principle that Microsoft search in a default setup is bundling - and MS doesn't do that anymore. If Psystar has done their legal homework and has enough funding for extended appeals, Apple will not be pleased to take this to court. Otherwise, Psystar is toast, but why would they do that?

    17. Re:No wonder Apple wants to stop Psystar by tepples · · Score: 1

      The license is perfectly clear, not even close to being unconscionable, 100% enforceable But is it presented before the sale?
    18. Re:No wonder Apple wants to stop Psystar by Liberaltarian · · Score: 1

      Ah, the ProCD case. That was featured prominently in my first year Contract Law course - of course, the professor (a rather free-market conservative type) neglected to mention that such a view is actually in the minority when looking at Federal Circuit and District decisions on the matter (and the Supreme Court has yet to take such a case up).

      So really, be careful which state you happen to be in when you open that shrink-wrapped game. ;)

      --
      The Fight for Student Power on Campus: www.forstudentpower.org.
    19. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 2, Informative


      There has to be benifit to both parties for a contract to be valid. I can't just throw $200 at apple and get software that I they say I can't use without having the option to return it. Since the parties involved refuse to accept returned software the return policy is unconscionable and the license may be void.

      Second, you can't agree to a contract that you never had an opportunity to read and accept or decline. I think that one is obvious.

      So, yes, Apple might not like the outcome of a court case.

    20. Re:No wonder Apple wants to stop Psystar by ePhil_One · · Score: 2, Informative

      But is it presented before the sale? I don't have a box handy, but I bet the "requirements" list on the box says requires a Mac. If you buy it and open it w/o reading the requirements, I think that qualifies as a lack of due diligence on your part.
      --
      You are in a maze of twisted little posts, all alike.
    21. Re:No wonder Apple wants to stop Psystar by godawsgo · · Score: 1
      I found this 'Step Saver' case.. Something about people running terminals hooked up to an IBM AT. It contains such gems as:

      Step-Saver contends that the contract for each copy of the program was formed when TSL agreed, on the telephone, to ship the copy at the agreed price. The box-top license, argues Step-Saver, was a material alteration to the parties's contract which did not become a part of the contract under UCC Â 2- 207. and

      Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. I can't believe I just read (some) of that. I just had to know.. IANAL, I'll leave the rest... Step Saver v. Wyse

      Dawson

    22. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      The requirements on the side of the box do not form part of the EULA.

    23. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      Easy, I did it on my AMD Acer.

      http://www.osx86project.org/

    24. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      Installing it is easy just use the guide here: http://forum.insanelymac.com/index.php?s=1b8b890f00089288190c6f42a3521346&showtopic=75928&pid=663731&st=40&#entry663731

    25. Re:No wonder Apple wants to stop Psystar by hedwards · · Score: 4, Insightful

      Apple will win this case without any problems whatsoever and (if you were to print out the decisions) probably more than a ton of case law on Apple's side. The license is perfectly clear, not even close to being unconscionable, 100% enforceable, ans Psystar knows this. Apple probably has not bothered suing home enthusiasts who mod the software by hand since a. it is a waste of money going after individuals who are not
      making money; b. there is little to no chance of it causing problems with Apple brand perception. However, as soon as this goes from a wacky and semi-functional side-project into a money making business. I doubt that, there are definitely reasons why this isn't clear cut. Litigation could help illuminate the subject. They can't use a license to remove a person's legal rights. The question is going to come down to whether or not fair use applies to the situation. They'll probably be able to nail Psystar for distributing the OS in violation of the terms of the contract, but it's hardly clear cut as to whether consumers have the right to install the software themselves.

      Just because it's in the contract doesn't mean that it's enforcible. Contracts wouldn't contain severability clauses if that weren't the case.

      The funny thing is for all the people who think Psystar is somehow great, after doing this (assuming it's not just a prank) there is probably a GREATER chance that the hobbyists will get sued in the future since more publicity makes this more of a threat to Apple's image. I don't think that's a fair characterization. Psystar is potentially doing everybody a favor here. The issue of EULAs doesn't come up as much as it might in the courts, because there's often times a significant risk to the company that wrote the EULA and very little reward in doing so.

      There are definitely issues here which need to be tested. More specifically, it is not clear to me that Apple is in the clear on this one. They probably have grounds to sue and get an injunction on licensing grounds, but in terms of preventing a competitor from producing compatible hardware, they haven't a chance in hell. Perhaps if they can demonstrate that Psystar reverse engineered the hardware in a way which isn't legal they can win. But other than that, they don't have grounds to prevent the infringement.
    26. Re:No wonder Apple wants to stop Psystar by ehrichweiss · · Score: 1

      If Psystar did their job correctly, they will have planned for Apple to attempt to make the OS incompatible and have some form of BIOS/firmware upgrade available. I however think it is HIGHLY irresponsible of them to even offer OS/X with it as it will only attract Apple's attention and you never know what will happen when one wakens a sleeping giant.

      --
      0x09F911029D74E35BD84156C5635688C0
    27. Re:No wonder Apple wants to stop Psystar by vertinox · · Score: 1

      The license is perfectly clear, not even close to being unconscionable, 100% enforceable, ans Psystar knows this.

      Right? But the idea was that you (the user) would do the install of OS X and be the ones breaking the EULA. Seeing that Psystar isn't installing it for you, they aren't the ones breaking the license.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    28. Re:No wonder Apple wants to stop Psystar by cp.tar · · Score: 1

      Not sure why public perception would be like that, since the vast majority would actually own a mac and upgrades truly would just work.

      ... and since we all have those Apple stickers, the hardware would become Apple branded in no time whatsoever.

      --
      Ignore this signature. By order.
    29. Re:No wonder Apple wants to stop Psystar by 99BottlesOfBeerInMyF · · Score: 4, Informative

      Right? But the idea was that you (the user) would do the install of OS X and be the ones breaking the EULA. Seeing that Psystar isn't installing it for you, they aren't the ones breaking the license.

      If you RTFA you'd see, "...and we will preinstall Leopard for free so you can begin to use your computer right out of the box."

    30. Re:No wonder Apple wants to stop Psystar by epee1221 · · Score: 1

      What Pystar needs to do, then, is find a way to alter the install process so that the EULA is never displayed, maybe run the installer in a virtual machine that skips over the EULA screen. Without the clicking "yes" on the license (which doesn't give anything to the end user anyway) the user is free to run the software, as noted here.

      --
      "The use-mention distinction" is not "enforced here."
    31. Re:No wonder Apple wants to stop Psystar by yabos · · Score: 1

      It already states the required hardware on the outside of the box and Apple's website http://www.apple.com/macosx/techspecs/
      "Mac computer with an Intel, PowerPC G5, or PowerPC G4 (867MHz or faster) processor"
      No where does it say your hacked cheap POS hardware will work with it so it's pretty clear to anyone that can actually read english.

    32. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      I'm guessing you're a law student who got halfway through the Contracts casebook and then just stopped reading? See the above case, which is taught in most first year Contracts courses and is still good law.

      Whether it seems fair or not, you are wrong, shrink wrap licenses ARE enforceable.

    33. Re:No wonder Apple wants to stop Psystar by Cajun+Hell · · Score: 2, Interesting

      Not sure why public perception would be like that, since the vast majority would actually own a mac and upgrades truly would just work.

      I wouldn't count on that. Once you start putting "deliberately fail" code in your product (to deal with the customers whose money you don't want), you risk it getting triggered for the customers you did want. Every logic bomb that Apple adds to their product with the intention of crippling it for non-Apple-hardware customers, is a logic bomb that might go off unintentionally (e.g. when the user runs MacOS on Mac hardware with a virtualizer in between the OS and hardware).

      You see this with DRM systems all the time, where the user isn't doing something the attacker really wanted to prevent, but stuff fails to "just work" anyway.

      Apple might pull it off, but it's nontrivial.

      --
      "Believe me!" -- Donald Trump
    34. Re:No wonder Apple wants to stop Psystar by v1 · · Score: 1

      too true. I can put "requires FTL drive" on a car tire I sell, and that does not make it illegal for you to buy it and install on your Ford.

      All that accomplishes is if I complain that I can't go at least .5c on your tire that I don't have any grounds to complain about it not performing as described, since you didn't meet the specified requirements..

      --
      I work for the Department of Redundancy Department.
    35. Re:No wonder Apple wants to stop Psystar by kimvette · · Score: 1

      System requirements != a EULA; system requirements = setting the bar for warranty of merchantability. It sets customer expectations so some nimrod doesn't decide to try something boneheaded like installing OS X on an Apple IIe

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    36. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 4, Funny

      I'm guessing you're a law student who got halfway through the Contracts casebook and then just stopped reading? See the above case, which is taught in most first year Contracts courses and is still good law. Not in all districts, some have ruled differently, and you should know that. (http://www.internetlibrary.com/cases/lib_case209.cfm)

      Whether it seems fair or not, you are wrong, shrink wrap licenses ARE enforceable. You're obviously posting anonymously to avoid paying my reading fee, which you agreed to by reading my message. Since all comments are owned by the poster (see below), and licenses you can't read before hand are enforcable (according to you), you owe me $50. So, please pay up or I'll have to call a collection agency.
    37. Re:No wonder Apple wants to stop Psystar by FakeWozniak · · Score: 1

      Say I had a hard drive in an Apple branded product, then installed Leopard. Then, say I cloned this hard drive and place 1 copy in each computer I sell. Have I "installed" the software on that computer?

      I give you the original media, but I don't actually tell you that you have the right to use the media on the computer I sold you.

      I think you could skirt this no problemo. Worth a shot, and I am sure Apple will pay the legal bills figuring out this is a loophole for you! :)

    38. Re:No wonder Apple wants to stop Psystar by rfuilrez · · Score: 1

      It would actually be really easy. Seeing as it has been done for quite a long time already. http://www.insanelymac.com/ http://wiki.osx86project.org/ People have been running "Vanilla" copies of OSX on intel based hardware for quite some time. That means, the kernel, and components of OSX are unmodified. As far as Apple can see it's a real Mac.

    39. Re:No wonder Apple wants to stop Psystar by Belial6 · · Score: 1

      Yes, you have installed the software. Psystar would have a much better chance of fighting this directly.

    40. Re:No wonder Apple wants to stop Psystar by AusIV · · Score: 2, Insightful

      Apple might have trouble suing a user who bought a boxed copy of Leopard and installed it on a PC, but they should have little problem demonstrating that Psystar was aware of the license and deliberately violated it.

    41. Re:No wonder Apple wants to stop Psystar by ceoyoyo · · Score: 4, Interesting

      I doubt Apple has the slightest interest in suing individuals who try to put OS X on their PCs (as they haven't so far).

      The EULA is so they can go after companies like this.

    42. Re:No wonder Apple wants to stop Psystar by Godji · · Score: 1

      The funny thing is for all the people who think Psystar is somehow great, after doing this (assuming it's not just a prank) there is probably a GREATER chance that the hobbyists will get sued in the future.

      Yes, but that's no reason to blame it on the small guy (Psystar) that the big guy (Apple) is being a bully.

      I say, more power to Psystar!

    43. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      No need to hack it, they used MY work.

      U can dload it and use on any pc

      http://netkas.org/?p=41

    44. Re:No wonder Apple wants to stop Psystar by anagama · · Score: 3, Informative

      Their only mistake is selling OSX pre-installed. Now if they sold it with Darwin (the open source underpinnings to OSX) pre-installed, how would that be bad? They could load up X11 and gnome or KDE for the GUI part of things. Granted, that isn't what people expect with OSX, but it avoids the EULA issue altogether. I would imagine, but don't know, that once Darwin is running, it would be relatively easy for people to install OSX over it. But as a business, Pystar needs to leave the dirty work to the end user if they want to stay in business.

      --
      What changed under Obama? Nothing Good
    45. Re:No wonder Apple wants to stop Psystar by DustyShadow · · Score: 1

      I'm actually not so sure about this. If Psystar is simply selling a PC that will run Leopard, then Psystar is not violating any license. The user would be the one violating the license but like you said, Apple will have a hell of a time finding those users.

    46. Re:No wonder Apple wants to stop Psystar by DustyShadow · · Score: 1

      But if Psystar does not install Leopard on the PC, then it isn't violating any license. The license isn't entered into until you install the software.

    47. Re:No wonder Apple wants to stop Psystar by gumbi+west · · Score: 1

      good luck with that one in court.

    48. Re:No wonder Apple wants to stop Psystar by aliquis · · Score: 1

      I don't know how they do it nowadays since I own a genuine mac and don't have to run a hack but the latest "OS X86" DVDs mention that you can run a vanilla kernel on atleast some machines, I have no idea which ones and why. Anyway you are even supposed to be able to run a software update and it will still just works(TM.) I guess that you atleast needs a SSE3 Intel CPU for that, if there are any special chipset requirements or such I have no idea.

    49. Re:No wonder Apple wants to stop Psystar by aliquis · · Score: 1

      Afaik macs have serial numbers

      About this mac, more info, machine hardware or whatever it may be called in english list a serial number. So uhm, probably not.

      May be software only, and easily "hacked"/switched.

    50. Re:No wonder Apple wants to stop Psystar by aliquis · · Score: 0, Flamebait

      Nah, only unmodified genuine branded expensive as hell POS hardware will work.

    51. Re:No wonder Apple wants to stop Psystar by aliquis · · Score: 1

      I don't have one, not retarded enough to buy an iPod. I do however have a Macbook Pro.

    52. Re:No wonder Apple wants to stop Psystar by jelton · · Score: 3, Insightful
      I don't mean to get nit-picky, but this isn't very good legal analysis:

      There has to be benifit [sic] to both parties for a contract to be valid. I can't just throw $200 at apple and get software that I they say I can't use without having the option to return it. Since the parties involved refuse to accept returned software the return policy is unconscionable and the license [sic] may be void.

      A working definition for a contract, at least for lawyers and courts in the US, is that it is a bargained-for agreement with consideration. In a case where a plaintiff is suing for breach of contract, these are the bare minimum elements that must be proved by the plaintiff in order to make out a prima facie case.

      Unconscionability, on the other hand, is most typically used as an affirmative defense to the enforcement of an otherwise valid contract. While a consumer could certainly raise this defense if sued for violating an EULA, it's not typically a claim one raises as a plaintiff.

      In theory, at least, if a box of software says clearly and unequivocally that you agree to the EULA if you use the software, and that EULA is available in some form (including online on the company's website), then it is enforceable.

      That being said, there is a potential for (some, at least) EULA's to be considered contracts of adhesion. In particular, because EULA's on consumer software involve boiler-plate agreements that are non-negotiable by the consumer and sometimes permit the developer to change those terms after acceptance by the consumer, it's possible that future rulings may reverse the existent doctrine developed by Step Saver v. Wyse or distinguish between business dealings and consumer dealings.

      This is a rapidly developing area of law. Anyone who speaks in absolutes, saying either that EULA's are or are not enforceable, is either ignorant of the law or advocating their position. These types of enforceability issues are ripe for review and any given ruling may, in large part, turn on the provisions of a given EULA and who the parties are (i.e. is purchaser of the software a business or a consumer?).

      To what extent licensing law varies from traditional contract law, I can't say, having not studied licensing law in depth (yet). Also, if you buy software from an actual retailer, get it home, open the box and then disagree with the EULA, you can often seek and receive a return from the developer/publisher if the retailer won't accept a return.

      I welcome any corrections, comments or flames of my analysis.
      --
      I am not a lawyer. This post does not constitute any form of legal advice.
    53. Re:No wonder Apple wants to stop Psystar by eclectic4 · · Score: 1

      "...but it's THEIR responsibility to make things work again if an Apple upgrade breaks things (maliciously or not)."

      Coupled with your point, a huge purchasing point to an Apple customer is customer support, of both the hardware and software, all under one roof. It's one of Apple's core strategic points. It's what makes them "Apple". So, not only would this bring its appeal down quite a bit for the average Mac purchaser, you now also have a company making it's software to run on it's own hardware and nothing else, and will not worry one bit about any issues its software has on any other hardware used. Not one bit. And if Apple ever licensed it, it would effectively make them Windows and this is the last thing a hardware company would do. So it must be illegal, or was created to start some loophole challenge to Apple's license. Either way I believe this will be crushed in seconds.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    54. Re:No wonder Apple wants to stop Psystar by Auckerman · · Score: 1

      This case is about trademark and copyright, not the EULA. It's that simple. Taking someone else's product, changing it, and reselling under the original trademark is the kind of thing that just gets you put out of business. This is true for all markets. If you take Craftsman tools reshape some of them in heat and sell using the name Craftsman, you go out of business in the resulting law suit.

      --

      Burn Hollywood Burn
    55. Re:No wonder Apple wants to stop Psystar by jelton · · Score: 1
      That's okay, the Mac OS X 10.5 licensing agreement is more specific than the system requirements. It says:

      This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.


      That being said, I just looked at my own Leopard box and couldn't find any system requirements listed on the box. IIRC, they were on a sticker attached to the shrink wrap, though.
      --
      I am not a lawyer. This post does not constitute any form of legal advice.
    56. Re:No wonder Apple wants to stop Psystar by cashman73 · · Score: 3, Funny

      Hmm, that's funny. The same logic hasn't stopped the MAFIAA.

    57. Re:No wonder Apple wants to stop Psystar by FLEB · · Score: 1

      Apple does have an advantage there, though, in that there's not as much expectation of backward compatibility in the Mac world. From the software side, there's bland-standard software that requires the latest two revs of the OS to run, and from the hardware side, there's the fact that newer versions of the OSs won't run on older hardware (or vice versa).

      With that, and their control over both the OS and the hardware, Apple can reasonably put new blocks in new models, say "new, shiny, not compatible", and still not have as much fallout. The new stuff "just works", and we never expected the old stuff to "just keep working" in the first place.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    58. Re:No wonder Apple wants to stop Psystar by DurendalMac · · Score: 1

      Except that Psystar could never argue that they were ignorant of the EULA. They damn well know what it says and chose to ignore it. Apple wont bust the people who buy these. They'll just sue Psystar out of existence.

    59. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 1, Insightful

      No, their principal mistake was using Apple's trademarks in a trading situation. Calling their box an Open"Mac" is so obviously an infringement of trademark that no defense attorney could recommend litigation on the point (settle settle settle).

      The large number of visitors to the web site, the press attention, and the comments of Psystar principals all serve to aggravate damages, which will almost certainly bankrupt the company.

      15 U.S.C. Â1117 lets the courts award all of the relevant profits plus legal costs and attorneys' fees to the registered trademark owner. 15 U.S.C. Â1118 allows the courts to require the defendant to deliver up to the court all infringing materials at the defendant's costs -- this includes all material sold or otherwise transferred to third parties.

      There are probably causes of action in copyright as well, depending on how Psystar provided Mac OS X to its customers. Those could prove even more expensive to Psystar, particularly if the action in trademark goes against them in at least the injunction phase.

      In short, because they infringed upon a famous and obvious trademark in a wilful way, they eliminate a number of defenses with respect to copyright infringement.

      Calling their product an OpenMac was incredibly stupid.

      Finally, using Darwin as the basis of a commercial, for-profit distribution may or may not be OK depending on details in the open source license, but that does not entitle anyone to call the result Mac OS X, OS X, Leopard, a Mac system, or make other uses of Apple's trademarks.

    60. Re:No wonder Apple wants to stop Psystar by ceoyoyo · · Score: 2, Insightful

      Yup, if they don't install it then they're just another PC retailer. Of course, they can't advertise that you can install Leopard on it either, since that would be knowingly encouraging others to break the EULA.

    61. Re:No wonder Apple wants to stop Psystar by ceoyoyo · · Score: 1

      No, it hasn't. But note that Apple isn't stalking the net looking for people running OS X on PCs and then suing thousands of J. Does.

    62. Re:No wonder Apple wants to stop Psystar by milbournosphere · · Score: 1

      While I don't doubt that Apple would end up winning this case, it would appear that Psystar is considering challenging Apple's EULA:

      http://www.informationweek.com/blog/main/archives/2008/04/mac_clone_maker.html
      It's worth reading, even if it's only for the bad car analogy.

    63. Re:No wonder Apple wants to stop Psystar by Divebus · · Score: 4, Funny

      This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. That's why the OS X boxed product has Apple stickers in it.
      --

      Most of the stuff on /. won't survive first contact with facts.
    64. Re:No wonder Apple wants to stop Psystar by jelton · · Score: 4, Funny

      I thought those were for placement on my car's rear window so that thieves would know to break into my car and steal my backpack...

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
    65. Re:No wonder Apple wants to stop Psystar by anagama · · Score: 1
      This appears to be the license for Darwin: http://www.opensource.apple.com/apsl/

      You're absolutely right about how using "Mac" was silly idea -- it's even in the license:

      10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" [blah blah blah ...]
      The license does allow you to "externally deploy" Darwin for commercial and non-commercial purposes, you can modify the code, and you can charge for your services.

      Technically then, the question is whether you have to go through EFI rigamarole to install Darwin, and whether once done, it sticks when trying to install commercial OSX. Obviously, that install would have to be left to the end user because Apple doesn't grant that right.

      Also note, I'm not making a judgment on whether it's right or wrong, just on whether a business model using Darwin could be feasible. Personally, I'd rather just throw a linux distro on a generic box than go through the trouble even of using Darwin. I have some Apple laptops and they're nice enough -- I use them for media playback, personal audio and video editing, and other such things which are either not legal or not easy in any linux distro. Apple's basic media apps are very nice, but when it comes to doing real work, I find life is much more simple on a linux box. Whenever I use my laptops for real work, it's via forwarded X sessions over SSH.
      --
      What changed under Obama? Nothing Good
    66. Re:No wonder Apple wants to stop Psystar by genaldar · · Score: 1

      The public doesn't care. As far as they know, or ever will know, the only way to run osx is on a mac. The fact that Stevey and co are litigation happy doesn't bother them.

    67. Re:No wonder Apple wants to stop Psystar by eonlabs · · Score: 1

      You have to applaud the lawyer writing that for finding a way to incorporate both pi and e in an argument about software.

      --
      I wouldn't consider the mad hatter mad. Just reality impaired. He sure can make a mean cup of tea.
    68. Re:No wonder Apple wants to stop Psystar by Admiral+Ag · · Score: 1

      Alas I have no mod points to +funny this outstanding witticism.

      Still chuckling

      Thanks

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    69. Re:No wonder Apple wants to stop Psystar by cp.tar · · Score: 1

      I got the stickers with my MacBook Pro as well.

      --
      Ignore this signature. By order.
    70. Re:No wonder Apple wants to stop Psystar by aliquis · · Score: 1

      Where?

    71. Re:No wonder Apple wants to stop Psystar by cp.tar · · Score: 1

      Where?

      1. In Croatia
      2. In the little black box with the OS install disks, IIRC.

      --
      Ignore this signature. By order.
    72. Re:No wonder Apple wants to stop Psystar by WNight · · Score: 1

      It depends on what you call your product. Do you try to conflate it with an unmodified Craftsman tool?

      However, there's nothing wrong with selling Craftsman tools with ipods welded onto them if you wish, and using the trademarked name as a reference to the product is certainly allowed. "Craftsman vice-grips with ipod touch welded on - $50"

      If it's legal to add third-party parts to your Toyota, it's legal to do it to your tools. If it's legal to do it, it's legal to sell it.

      This whole issue is ridiculous. EULAs would only be required if you needed a license to use a copyrighted work. Obviously (from books) you do not, but US copyright law went one further to explicitly allowing use without a license, including where that involved copying in so much as it is necessary for normal working of the software. EULAs typically offer nothing to the user except for the 'right' to use the software. As it is already unquestionably the users right to do so, the EULA offers nothing of value. Under even trivial examination EULAs are absolutely worthless.

      By selling OS X Apple has implicitly given the user a patent license on any Apple patents, the right to copy the software to drive, memory, and cache, and to use the software as they see fit. Seeing as 'OS X' is simply descriptive, Apple cannot even complain about the use of its trademark. None of the three 'IP' laws will help them in the slightest, as all respect the rights of a user to buy, use, modify, discuss, and sell a product.

      Selling a 'Computer running a modified copy of Apple OS X(tm Apple corp)' is thoroughly legal. As legal as '1983 Toyota - painted blue, aftermarket stereo'.

      Anyone telling you otherwise is selling something - something detrimental to you.

    73. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      ...knowingly encouraging others to break the EULA.

      Any evidence at all that this sort of 'encouraging' is in any way actionable?
      No.

    74. Re:No wonder Apple wants to stop Psystar by jeremyp · · Score: 2, Funny

      You're obviously posting anonymously to avoid paying my reading fee, which you agreed to by reading my message. Since all comments are owned by the poster (see below), and licenses you can't read before hand are enforcable (according to you), you owe me $50. So, please pay up or I'll have to call a collection agency.
      You obviously forgot to read the Slashdot Terms of Service.

      In each such case, the submitting user grants SourceForge the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
      You can't make a charge for your postings on Slashdot.
      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    75. Re:No wonder Apple wants to stop Psystar by mollymoo · · Score: 1

      You're assuming Apple are selling copies of their software. They'll claim they aren't selling copies at all, merely licensing them. To continue with your book analogy, owning a book gives you the right to tear it up and sell it. Borrowing a book from a library (a far-from-perfect analogy for software licensing, I admit) does not.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    76. Re:No wonder Apple wants to stop Psystar by mdwh2 · · Score: 1

      That's granted to SourceForge, not to you.

      If you think EULAs are inherently valid, it's time to pay up.

    77. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 1

      My terms of service specifically addresses this. Now, everyone, please pay up, I'll include a copy of the terms with your receipt.

    78. Re:No wonder Apple wants to stop Psystar by xenocide2 · · Score: 1

      If I buy a computer from Dell instead of IBM, is it a PC? Is an artificial gem with the same chemical properties and structure as diamond a diamond? If the thing's identical in all meaningful ways to an Apple branded Mac, shouldn't it also be considered a Mac?

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    79. Re:No wonder Apple wants to stop Psystar by Sandbags · · Score: 1

      The question is going to come down to whether or not fair use applies to the situation. Fair use does not apply to software licensing, and fair use is NOT a guaranteed right. Fair use itself is barely holding up in courts, and slowly loosing ground each day. The idea is that you can legally make copies for yourself as backups, etc. However, HOW you use the license, and on WHAT equipment is not protected by Fair Use. This is no different realistically than saying there's a difference between a personal use license and a business license, If it's not Apple branded hardware, you can't use it.

      They probably have grounds to sue and get an injunction on licensing grounds, but in terms of preventing a competitor from producing compatible hardware, they haven't a chance in hell. On licensing grounds, if they're not an authorised Apple reseller, then they're already going to get sued. As far as producing compatible hardware, no Apple can't sue them for selling a PC as "Apple OS X Compatible" (though they can sue for illegal use of a trademark no different than microsoft can sue a shop for displaying their logo in a window if they're not authorised to do so). However, because the EULA prevents users from installing the software legally, were Psystar to not inform customers of that fact, they'd be opening themselves up to a class action lawsuit that's much more cut and dry than the "Vista Capable" suit launched at microsoft. Sure "Apple Compatible" is one thing. the hardware CAN run it (though at $399, good luck... no dedicated graphics, cheap processor, low end board, slow hdd, what's it gonna really do? Does it even meet Apple's OS X 10.5 system requirements?) Without being able to legally install the license, they can be sued into the ground for even suggesting it's possible.

      The hardware is Intel's, not Apple's. EFI is a standard, not Apple proprietary technology.

      By opening the seal of the packaged software, you are agreeing that you have read the EULA and accepted it's terms. It's binding. I'm not talking about opening the box, I'm talking about opening the seal on the DVD case inside the box, after you have access to the EULA itself.

      When you buy a PC that comes pre-installed, you get the EULA presented when you power it on. Dell can still force you to keep the PC even if you don't agree to the EULA, but they have a return window. So does Apple for their retail package, you just have to send it to them instead of BestBuy and wait for your refund in the mail.

      Psystar clearly violated Apple's EULA, Reseller License Agreement, trademarks, and more. The fact that they're offline so quickly and completely shows the power of Apple's case. Others that have been ordered to cease and decist have fought (and lost), but these guys are already done.
      --
      There is no contest in life for which the unprepared have the advantage.
    80. Re:No wonder Apple wants to stop Psystar by betterunixthanunix · · Score: 1
      Anyone that can read and understand English sees the difference between technical specifications and legal agreements. Example: I purchased some CMOS ICs yesterday, and they have an operating voltage range of up to 18 volts. That does not legally prevent me from trying to run those ICs on 30V, it just means that I cannot sue Motorola when the thing explodes.

      The problem here is that while Apple has been very forthcoming with the technical specifications of their software, they have not been forthcoming with the legal requirements. If I was not aware of the license before buying the software, I might buy it and try running it on non-Apple hardware, which may be outside of the specifications but is not necessarily illegal. Imagine my surprise when I find out that in doing so, I broken the law, because of a contract that I could not read until after I purchased the (cheap POS) product.

      --
      Palm trees and 8
    81. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 1

      In theory, at least, if a box of software says clearly and unequivocally that you agree to the EULA if you use the software, and that EULA is available in some form (including online on the company's website), then it is enforceable.

      To what extent licensing law varies from traditional contract law, I can't say, having not studied licensing law in depth (yet). Also, if you buy software from an actual retailer, get it home, open the box and then disagree with the EULA, you can often seek and receive a return from the developer/publisher if the retailer won't accept a return. In theory. However, they already have your money, you paid for a mystery box with rules attached that you can't review and can't decline without losing your money. Now, if stores would accept software returns, this wouldn't be an issue, you could decline the EULA and return the software. Now, some developers/publishers will accept a return, but they're still a minority, and I don't believe Apple will. (someone correct me on this if I'm wrong)

    82. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 1

      You're assuming Apple are selling copies of their software. They'll claim they aren't selling copies at all, merely licensing them. Can you license something without showing the license beforehand? Do you expect to be entering into a license agreement at a retail store?

      Saying 'but it's online, at apple.com somewhere' is as Douglas Adams put it "on display on the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'". It should be in avilable to you when you go to buy it, not on a website you can't access at the moment.

    83. Re:No wonder Apple wants to stop Psystar by drinkypoo · · Score: 1

      Apple will win this case without any problems whatsoever and (if you were to print out the decisions) probably more than a ton of case law on Apple's side. The license is perfectly clear, not even close to being unconscionable, 100% enforceable, ans Psystar knows this.

      As has been mentioned elsewhere, it is not clear that shrinkwrap contracts are in fact enforceable. And I'm still not sure why people think they trump first sale law when they aren't enforceable.

      As the law is written, I have the right to purchase Mac OS X, modify it, and resell it - assuming you don't accept the validity of a shrinkwrap license.

      Since that is NOT cut-and-dried, and in fact there is case law which states that shrinkwrap licenses are NOT valid, then I'm not sure where you got these opinions.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    84. Re:No wonder Apple wants to stop Psystar by mr_mischief · · Score: 1

      Screw the license. They are marketing a computer running OS X with "Mac" in the name. That's a violation of Apple's "Macintosh" trademark.

    85. Re:No wonder Apple wants to stop Psystar by mrchaotica · · Score: 1

      But those "requirements" have no force of law, so they're irrelevant. And no, it does not indicate lack of due diligence, either: what if the person did read it and deliberately disregarded it? It's only advice, after all.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    86. Re:No wonder Apple wants to stop Psystar by jelton · · Score: 1
      From the Apple Store's Sales and Refund Policy:

      Please note that Apple does not permit the return of or offer refunds for the following products:
      • Opened software (Note that you may return software after rejecting the licensing terms, provided the software is not installed on a computer. However, if your software includes a license that you can read before you break the seal or sticker on the software media packaging, you may not return the software once you break the software media packaging seal or sticker.) (emphasis added)

      I wouldn't have predicted the refund policy to be that specific. I am pleasantly surprised.
      --
      I am not a lawyer. This post does not constitute any form of legal advice.
    87. Re:No wonder Apple wants to stop Psystar by Joe+U · · Score: 1

      I'm suprised as well, but what about Best Buy, Microcenter and other Apple retailers?

    88. Re:No wonder Apple wants to stop Psystar by MachineShedFred · · Score: 1

      (e.g. when the user runs MacOS on Mac hardware with a virtualizer in between the OS and hardware).

      Which, by the way, is not permitted by the EULA unless you are running Mac OS X Server 10.5, where it is explicitly allowed to virtualize it as long as the host hardware is Apple-branded hardware.

      VMWare actually demo'd it at Macworld in January installed straight off the Apple-printed DVD.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    89. Re:No wonder Apple wants to stop Psystar by KDR_11k · · Score: 1

      If the "given on a take-it-or-leave-it basis" thing on Wikipedia is the definition then an EULA is definitely a contract of adhesion (you cannot negotiate its terms after all) and the "reasonable expectations" thing comes into play. I don't know what the Mac OS X box says but I'd call a "computer must be made by brand X" clause pretty damn uncommon and not reasonably expectable. In fact I think that sounds like an antitrust issue but I guess without a much bigger market share antitrust won't do anything to Apple yet.

      Of course Wikipedia isn't exactly a good source for accurate definitions.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    90. Re:No wonder Apple wants to stop Psystar by 99BottlesOfBeerInMyF · · Score: 1

      I doubt that, there are definitely reasons why this isn't clear cut. Litigation could help illuminate the subject.

      Agreed, but win or lose, Apple will make sure they do have an enforceable contract going forward, even if it means labeling all retail copies as upgrades or even removing them from third party sales and requiring a contract be signed at time of purchase. All this provides is the potential of more legal restrictions going forward and potentially more inconvenience for OS X users either via purchasing process or via technological copy protection schemes.

      They probably have grounds to sue and get an injunction on licensing grounds, but in terms of preventing a competitor from producing compatible hardware, they haven't a chance in hell.

      Actually Apple can provide an enforceable license one way or another. The only question is if their current license will do.

      Perhaps if they can demonstrate that Psystar reverse engineered the hardware in a way which isn't legal they can win.

      They don't even need to do that. They can apply the DMCA to cracking their "protection" technology if need be.

      But other than that, they don't have grounds to prevent the infringement.

      I don't know what you're basing that on. The enforceability of EULAs is questionable in both directions. But since the OS is copied from media to disk, they have a clear case of it being copied and fair use probably does not apply due to the commercial effect criteria.

    91. Re:No wonder Apple wants to stop Psystar by 99BottlesOfBeerInMyF · · Score: 1

      Say I had a hard drive in an Apple branded product, then installed Leopard. Then, say I cloned this hard drive and place 1 copy in each computer I sell. Have I "installed" the software on that computer?

      It's called copy right. "Cloning" and making a copy are the same thing. You are restricted from making any copies of a copyrighted product, such as Leopard, unless you can pass the fair use criteria (and maybe not then depending upon the DMCA). Such a use would almost certainly not pass the commercial effect part of fair use.

      I give you the original media, but I don't actually tell you that you have the right to use the media on the computer I sold you.

      It is too late. You've already make a copy.

      I think you could skirt this no problemo.

      I doubt it.

      Worth a shot, and I am sure Apple will pay the legal bills figuring out this is a loophole for you! :)

      Are you aware that commercial re-use of a registered copyright almost always results in damages, including having to pay Apple's legal fees, which will be very high?

    92. Re:No wonder Apple wants to stop Psystar by 99BottlesOfBeerInMyF · · Score: 1

      I doubt Apple has the slightest interest in suing individuals who try to put OS X on their PCs (as they haven't so far). Hmm, that's funny. The same logic hasn't stopped the MAFIAA.

      What logic? That was a statement of fact. Apple is doing one thing. The RIAA is doing another. That the RIAA seems to have an interest in suing individuals doesn't really have anything to do with whether or not Apple has done the same.

    93. Re:No wonder Apple wants to stop Psystar by KDR_11k · · Score: 1

      "on display on the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'" ...how utterly appropriate...

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    94. Re:No wonder Apple wants to stop Psystar by abhi_beckert · · Score: 1

      when it comes to doing real work, I find life is much more simple on a linux box. Whenever I use my laptops for real work, it's via forwarded X sessions over SSH.

      I couldn't disagree more. If your work is similar to mine, then I think the Mac OS X Terminal (especially v2.0) is much better than any linux terminal I've ever used. It has proper copy/paste, proper tabs, drag/drop support, fairly good mouse integration, can store the password to an encrypted ssh-key in the keychain (so you can have encrypted private keys without ever typing in your password), is incredibly customizable... etc etc

      I'm not aware of any other console that even comes close to the built in OS X terminal for features and "workflow".

    95. Re:No wonder Apple wants to stop Psystar by eck011219 · · Score: 2, Funny

      Nah, it's so thieves know that you already spent all your money on a Mac and there's no point in rifling through your glovebox.

      --
      It is pitch black. You are likely to be eaten by a grue.
    96. Re:No wonder Apple wants to stop Psystar by MoneyT · · Score: 1

      Right, but you aren't the one providing the comment, source forge is. They are redistributing your work, with your permission as expressed in the terms and conditions on this site. Similarly, the viewers of this site are bound by the terms and conditions of sourceforge, not you.

      --
      T Money
      World Domination with a plastic spoon since 1984
    97. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      I have installed the software on an Apple Macintosh computer. That I admitted to. The fact that I move a hard drive from one box to another is not "installing the software", but rather installing a hard drive. When I boot the operating system on the new computer, I am executing code, not installing code.

    98. Re:No wonder Apple wants to stop Psystar by Anonymous Coward · · Score: 0

      Just to recenter the debate.

      The EULA can say whatever you want it too, it only has "a chance" to be binding in any way (if any) if what it specifies is not illegal.

      In this case, osx's EULA tries to impose an illegal tying arrangement, or so it seems. See the post bellow that details this.

    99. Re:No wonder Apple wants to stop Psystar by jeremyp · · Score: 1

      Yes, and your comment is posted on a Sourceforge website. You have granted them permission to do anything they like with your comment, including allowing it to be read and quoted by other site members royalty free.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    100. Re:No wonder Apple wants to stop Psystar by WNight · · Score: 1

      Apple claims that. Do you have *any* proof that it is so?

      I have a ton of proof that it is not. Mainly, that anything other than a standard implied contract of sale would require the specific knowledge and intent of the customer, and proof of this - something you couldn't possibly have during what looked like a sale. If one party believes it's just a sale, it is.

      Deal with Oracle - they license software. You will know you've been through a licensing process. It's *very* clear. As contracts must be. If you have not been through this, you have *not* licensed software.

      Apple also says reverse engineering (their products) is illegal.

      Perhaps they're fucking liars and will say anything that suits them...?

    101. Re:No wonder Apple wants to stop Psystar by Onetrack · · Score: 1

      They didn't do ANYTHING. All they did was download a prepatched install dvd like anyone else can do.

    102. Re:No wonder Apple wants to stop Psystar by Onetrack · · Score: 1

      Very simple. Rediculously so.

    103. Re:No wonder Apple wants to stop Psystar by mdwh2 · · Score: 1

      Similarly, the viewers of this site are bound by the terms and conditions of sourceforge, not you.

      They are bound by the T&C of sourceforge, but - according to those who claim that EULAs are inherently valid - they can enter into a "contract" that other users set, if they perform some arbitrary action to indicate "agreement", and thus be bound by that contract as well as the T&C of sourceforge.

      But personally I don't make the claim that something is a contract just because one party says it is.

    104. Re:No wonder Apple wants to stop Psystar by mdwh2 · · Score: 1

      Yes, and your comment is posted on a Sourceforge website. You have granted them permission to do anything they like with your comment, including allowing it to be read and quoted by other site members royalty free.

      Well yes that's exactly my point - just like if I buy software from a shop, they have allowed me to legally use the software. The claim being put forward by those who think all EULAs are valid is that these situations can be trumped by forcing the users (of this site, or of the software) into a contract.

      I'm only asking those people who think EULAs are inherently valid to pay up. If you agree it's a stupid situation, that's fine.

    105. Re:No wonder Apple wants to stop Psystar by StrongAxe · · Score: 1

      If Psystar is simply selling a PC that will run Leopard, then Psystar is not violating any license. The user would be the one violating the license but like you said, Apple will have a hell of a time finding those users.

      Yes, but that defense flies out the window if they're pre-installing Leopard on machines before selling them.

    106. Re:No wonder Apple wants to stop Psystar by StrongAxe · · Score: 1

      If I buy a computer from Dell instead of IBM, is it a PC? Is an artificial gem with the same chemical properties and structure as diamond a diamond? If the thing's identical in all meaningful ways to an Apple branded Mac, shouldn't it also be considered a Mac?

      Because intellectual property laws don't correspond to the laws of physics. A Mac clone might be physically identical to a Mac, but legally, it's not identical to a Mac(TM), since nobody but Apple (and possibly their licencees) are legally allowed to use Apple's trademark names.

    107. Re:No wonder Apple wants to stop Psystar by MoneyT · · Score: 1

      They can enter into that contract, if and only if it's a valid contract, which requires consideration. A person posting a comment with an EULA attached to it doesn't work.

      1) There is no opportunity to decline the contract before agreeing to it.
      2) The comment being requested and viewed by the viewer is not owned by the poster, but instead by sourceforge. The poster is not providing any service or consideration, and therefore is in no position to bind people to contracts.

      --
      T Money
      World Domination with a plastic spoon since 1984
  2. Mmm.... by Anita+Coney · · Score: 0, Offtopic

    Why does this Apple-hardware-only provision of the EULA pertain to OSX but not to Safari?

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Mmm.... by joeytmann · · Score: 0, Troll

      The almighty Jobs said it should be so, so it shall.

      --
      Insert funny smart-ass comment here.
    2. Re:Mmm.... by MBCook · · Score: 3, Interesting

      Because Apple said so. They are allowed to put whatever restrictions in their license they want, as long as they are legal. They can put some really weird things in that and have each product have conflicting requirements.

      The question here is: is that particular restriction legal (and thus valid) or illegal (and thus can be ignored)

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    3. Re:Mmm.... by PC+and+Sony+Fanboy · · Score: 2, Interesting

      the EULA for safari says 'only on apple branded hardware'
      the EULA for OSX says 'only on apple branded hardware'

      I don't see the difference EITHER... and apple is actively distributing safari to anyone with itunes, which includes a LOT of PCs.

    4. Re:Mmm.... by vought · · Score: 2, Informative

      Why does this Apple-hardware-only provision of the EULA pertain to OSX but not to Safari? I'm going to take a shot in the dark here, but I think it's probably because Apple makes Safari for Windows which runs on non Apple-branded computers.

      OS X, on the other hand, is tied to hardware sales so Apple doesn't have to support the vast and sometimes flaky hardware of the greater PC world. And also so they can make more money selling hardware.
    5. Re:Mmm.... by christurkel · · Score: 1

      They fixed the EULA for Safari. I believe it was a couple of weeks ago.

      --

      CDE open sourced! https://sourceforge.net/projects/cdesktopenv/
    6. Re:Mmm.... by Colonel+Korn · · Score: 1

      I think the flakiness almost always comes in drivers. Apple doesn't want 1000 companies writing drivers for the hardware they make for Apple clones, because they wouldn't be able to fully ensure that all 1000 worked reliably.

      But I'm forgetting that the main point is, as others point out, to use the OS to sell hardware with a large markup.

      --
      "I zero-index my hamsters" - Willtor (147206)
    7. Re:Mmm.... by exley · · Score: 1

      This has already been discussed.

    8. Re:Mmm.... by MobyDisk · · Score: 1

      True, but they aren't allowed to enforce it without a signature.

    9. Re:Mmm.... by Anonymous Coward · · Score: 0

      more like will someone be insane enough to spend a huge pile of money to go through all court instances to once and for all clear up the mess eula's are?

      and even if someone dares, apple would be insane to risk loosing their business model and rather pay the guy off.

    10. Re:Mmm.... by Anonymous Coward · · Score: 0

      Not to be rude, but the original EULA for Safari for Windows did state that it was to be operated on APPLE BRANDED ONLY MACHINES. I believe it's been revised since.

    11. Re:Mmm.... by Anonymous Coward · · Score: 0

      But I'm forgetting that the main point is, as others point out, to use the OS to sell hardware with a large markup

      Apple products are just like most of what is produced by the games industry. Overpriced & pretty but playability sucks.

    12. Re:Mmm.... by eatdjorange · · Score: 1

      old saying goes 'I planted a mango tree, I posted a sign saying "Don't pick the mango fruit." I can pick my mango fruit, you can't.' got it? ok? good.

    13. Re:Mmm.... by MBCook · · Score: 1

      That's why you have to click "agree" when you first install OS X (that includes first boot on pre-installed computers).

      That's tantamount to a signature.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    14. Re:Mmm.... by aitikin · · Score: 1

      Actually, the Safari EULA does claim Apple-hardware-only, and therefore everyone who uses it without Apple hardware is violating the EULA. I seem to remember a court case a while ago saying EULAs weren't exactly true license agreements as they have no signing and the user has no way of knowing it before obtaining said software.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    15. Re:Mmm.... by PC+and+Sony+Fanboy · · Score: 2, Funny

      we're talking about apples, not mangos. get a clue ;)

    16. Re:Mmm.... by darrinallen · · Score: 1

      that sounds like a great deal for that computer

    17. Re:Mmm.... by Jafafa+Hots · · Score: 1

      old saying goes 'I planted a mango tree, I posted a sign saying "Don't pick the mango fruit." I can pick my mango fruit, you can't.' got it? ok? good. You sold me an apple tree. You posted a sign saying "Don't pick the apple fruit."
      Now you can pick my apple fruit, and I can't.
      --
      This space available.
    18. Re:Mmm.... by DarkVader · · Score: 1

      But this is more like planting a mango tree, posting a sign, and then selling the tree - but insisting that the "Don't pick the mango fruit" sign is still valid.

    19. Re:Mmm.... by ad0gg · · Score: 1

      What if record industry put EULAs on CDs that said you couldn't rip them? Could they go they shut down itunes ability to rip cds?

      --

      Have you ever been to a turkish prison?

    20. Re:Mmm.... by russotto · · Score: 1

      That's why you have to click "agree" when you first install OS X (that includes first boot on pre-installed computers).

      That's tantamount to a signature.


      No it isn't; that screen is just a technical barrier to installing the software. Even people who have the software under other licenses (family, developer) have to click through that screen. As one person put it, clicking "I agree" to the EULA screen in order to install the software no more indicates agreement than clicking "I'm a wimp" to exit Wolfenstein 3D means you're a wimp.

      If clicking did constitute agreement, then simply hacking the text to say "I disagree" would be an effective way to not agree to the EULA, and that's pretty absurd.

    21. Re:Mmm.... by MBCook · · Score: 1

      If clicking did constitute agreement, then simply hacking the text to say "I disagree" would be an effective way to not agree to the EULA, and that's pretty absurd.

      Nope. Once you changed something, then it's no longer the agreement that Apple agreed to, so the agreement isn't valid and you can't use the software.

      How is clicking "I agree" any different than doing the same kind of thing when signing up for a bank account or buying something online where you do the same thing? You type your name and click "I agree" to get a loan online. I believe courts have said that it can be considered a signature, at least in the US.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    22. Re:Mmm.... by MBCook · · Score: 1

      No, because the music is accessible without agreeing to the license agreement.

      Now if the music required a little piece of software on the disc to listen to, they could then use the license agreement.

      However, at that point it's no longer an audio CD, and people wouldn't buy it. If they did, they would return it when they found out it wouldn't work in their car.

      The important thing is that you have to go through the agreement to get to the content. That's my understanding.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    23. Re:Mmm.... by aliquis · · Score: 1

      Or to strike over the part where I should give you 10.000 $ in a contract and replace it with similair text where you should give me 10.000 $, then sign it and pretend it's all good and legal? (I guess it is if both partners put their name on it later, but in this case Apple doesn't approve your changed license, so it's just like you change it after I've already put my name there.)

      Good luck with that.

    24. Re:Mmm.... by __aawdrj2992 · · Score: 1

      But this is more like planting a mango tree, posting a sign, and then selling the tree - but insisting that the "Don't pick the mango fruit" sign is still valid. All software is licensed, not sold. This includes open source software, which is usually a General Public License. The only things you buy when you buy a retail copy of OS X is the disk and the box art.
    25. Re:Mmm.... by aliquis · · Score: 1

      CPU, 120$
      mobo, what? 60$?
      2GB DDR2, 53$
      ugly lowend case, 50$
      DVD-burner, 35$
      --
      318 $

      Estimates on some items and without shipping.

    26. Re:Mmm.... by Anonymous Coward · · Score: 0

      How is clicking "I agree" any different than doing the same kind of thing when signing up for a bank account or buying something online where you do the same thing? You type your name and click "I agree" to get a loan online. I believe courts have said that it can be considered a signature, at least in the US.

      Which is why your economy is cooked.

    27. Re:Mmm.... by aliquis · · Score: 1

      And people in millions are buying OS X beliving it would work on their PCs and complain how they got fooled into beliving that? Especially when the system requirements says that it's for a mac? If you don't have a mac you shouldn't had bought it. If you didn't read big fucking sign over the apple tree plants informing you that you wheren't allowed to eat their fruit you shouldn't had bought them either. Atleast if you wanted the fruit ...

      I guess you could have a case if people thought OS X was for any machine and then found out in the EULA it wouldn't work on theirs. But it's not like it's a hidden secret that it's for macs only.. The box and their webpage says so.

    28. Re:Mmm.... by aliquis · · Score: 2, Funny

      But I have to say that sometimes it's rather convenient when I get things like new firmwares for my battery1!!, EFI, new graphics drivers and so on thru their software update. It's not like Windows (last time I checked, Linux and Solaris even less) yells and tell me: There are a new BIOS update for your motherboard, and a new firmware for your DVD-player and let me install them, and if there was the suggestions may be of worse versions when the ones you already had. With Apple soft- and hardware this can and is done and even thought I haven't noticed any difference and on a normal PC maybe it wouldn't had mattered it was done and I didn't had to do anything to find the updates or try to find out if there was any.

    29. Re:Mmm.... by aliquis · · Score: 1

      ... and it is ok to earn money. If you don't want the product or think it's worth the price don't buy it. Or in the case you can steal/pirate/... it just do that and live with it, but don't pretend you have the RIGHT to do it or tell something else their prices are wrong / force them to change it.

      It's not like you go to your local supermarket and say "omg wtf these apples are way to expensive, I'll only pay half that" and just leave them with that amount of money and leave? It doesn't work that way. If you don't like the price don't buy them and live without them, or in the case someone else sell similair apples for a better price buy theirs.

    30. Re:Mmm.... by aliquis · · Score: 1

      But since the system requirements says you need a mac for the software what will you say when the EULA inform you that was the case? It's like buying a Xbox360 game and complain that it doesn't run on my DS, they better fix that!

      And in the case of OS X even if you can use vanilla kernel on some systems they are all modified so then you have modified/crack the software to run on something else, which isn't legal is it?

    31. Re:Mmm.... by russotto · · Score: 1

      Nope. Once you changed something, then it's no longer the agreement that Apple agreed to, so the agreement isn't valid and you can't use the software.


      I'm with you up until the point where I can't use the software. If I alter the "agreement", it's not valid, and I have all the rights (and only those rights) I'd have without the "agreement". Which includes using the copy of software that I already own.

      How is clicking "I agree" any different than doing the same kind of thing when signing up for a bank account or buying something online where you do the same thing? You type your name and click "I agree" to get a loan online. I believe courts have said that it can be considered a signature, at least in the US.

      Several differences. One is that there is consideration for my agreement in the loan or bank account case, and none in the EULA case. Another is that if I refuse to click on "I Agree" for the loan, the only thing which happens is I don't get the loan; I'm not prevented from using my computer or anything like that. A third is that there's an ongoing relationship in the loan or bank account case, and none in the EULA case.
    32. Re:Mmm.... by mh101 · · Score: 1

      Because the Safari for Windows EULA issue in question was an unintentional error. Once the error was pointed out Apple quickly corrected the EULA.

      --
      Duct tape is like the Force. It has a light side, a dark side, and it holds the universe together.
    33. Re:Mmm.... by Anonymous Coward · · Score: 0

      UR A FAG LOL

    34. Re:Mmm.... by Hal_Porter · · Score: 1

      What about if I started to install OS X on my Dell. It showed me the EULA screen and I scrolled all the way through it and noticed the stuff about Apple Logos. So I took the logo off my Gala apple (best apples BTW) and stuck it on the machine and chuckled to myself. Then I started to have second thoughts. So I went downstairs for a coffee, got distracted by something on the internet on my other PC.

      But by the time I came back to the Dell my calico kitten, Mr Marmalade who's young and inquisitive had clicked OK. Where does that put me legally? What about Mr Marmalade?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    35. Re:Mmm.... by mollymoo · · Score: 1

      From the Leopard EULA: BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

      [Fucking lameness filter making me add a load of garbage because Apple decided to write chunks of their EULA in all-caps. Mary had little lamb its fleece was white as Snow, who sang the (c)rap hit "Informer". Is that enough fluff yet, lameness filter?]

      --
      Chernobyl 'not a wildlife haven' - BBC News
    36. Re:Mmm.... by Hal_Porter · · Score: 1

      But I put an Apple sticker on my Dell and Mr Marmalade hit OK, not me. Though I don't think he was clear on the label issue. Does that mean that he's allowed to use the computer? What about if he sleeps on my lap and I do the typing for him.

      And I didn't read the whole EULA, just sort of skimmed it because Mr Marmalade was going apeshit and attacking my suede shoes. It's probably because my mouse Fluffy used to sleep in them before I acidentally killed him putting them on when I was in a hurry to catch the bus one Monday morning.

      Will Apple send Mr Marmalade to prison? I don't think he'd like it there, unless they have premium cat food, which seems unlikely.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    37. Re:Mmm.... by 99BottlesOfBeerInMyF · · Score: 1

      I'm going to take a shot in the dark here, but I think it's probably because Apple makes Safari for Windows which runs on non Apple-branded computers.

      Actually, Apple screwed up on the Safari for Windows license then fixed it. The real important thing is, Apple gives away Safari for Windows so even if you were breaking the license to use it, you did not really have to worry about damages. Apple sells OS X, either as an upgrade in a box or as part of a complete system. That means real financial damages for violation, not just being stopped from doing it.

    38. Re:Mmm.... by MobyDisk · · Score: 1

      Except that the only thing that says I can't use the software is the agreement... which I didn't agree to...

      I have written a program that does this. It allows you to save EULAs (and I have quite a collecton now) and change them. It also enables the "Next" button even if "I disagree" is changed. It's trivial and works on 99% of applications.

      Any time any of the manufacturers wants to knock on my door and tell me I can't use their program, they are welcome to try. But none of them no it, because the "I Agree" button does nothing, they don't know it happened, and the install worked fine. Which is further proof that software follows the doctrine of first sale.

      Basically, it is all hogwash.

  3. Website Slow... by s0litaire · · Score: 2

    Just been on to the website. It's up but Very very slow... Apple will probably Kill this dead but if i did buy a Mac it would be something like an 'OpenMac' just so that i know i can stick it to Jobs and Co :D lol. Wonder if they will go to court and test the EULA?? (Has an EULA been defended in court yet??)

    --
    Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    1. Re:Website Slow... by pilgrim23 · · Score: 1

      all the previous buyers are choking bandwidth downloading Vista drivers....

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    2. Re:Website Slow... by MightyYar · · Score: 3, Informative

      This is fortunate:
      coral cache

      (slow, of course...)

      Here's the page specific to their Mac clone.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re:Website Slow... by Anonymous Coward · · Score: 0

      iLAWYER works quick like O/C G6 tower

    4. Re:Website Slow... by avronius · · Score: 1

      I can't believe that this was modded "informative".

      More accurately, I can't believe that I clicked the link from work...

    5. Re:Website Slow... by MightyYar · · Score: 1

      You're work probably blocks everything on nyud.net because it is a proxy and could be used to circumvent their filters.

      It's nothing but a mirror of the site, I promise!

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    6. Re:Website Slow... by anexkahn · · Score: 1

      I couldnt get to the Coral Cache link, but I could see their home page using this: http://209.85.173.104/search?q=cache:8-nCAPGr2SYJ:www.psystar.com/+psystar&hl=en&ct=clnk&cd=2&gl=us&client=firefox-a

      --
      Curious about Storage and Virtualization? Check out
    7. Re:Website Slow... by avronius · · Score: 1

      I never did make it back there, but I appreciate your note just the same!

  4. EULA's by dreamchaser · · Score: 5, Insightful

    So are they good and enforcable this week, or evil and unenforceable? Seeing as this pertains to Apple it's probably a coin toss. The fanbois will all chime in with how it's such a good thing that Apple restricts what hardware one can run OS X on, and how this company should be shut down. If this were about some MS EULA there would be a firestorm about how EULA's are bogus anyways and unenforceble.

    If I buy OS X I'll damn well run it on any machine I want. In fact, one of my two OS X machines is *not* Appple Branded. That's right, it's a Hackintosh. Sue me, Jobs.

    1. Re:EULA's by stewbacca · · Score: 4, Insightful

      Jobs doesn't care about your home-brew Hackintosh. He does care about Brand X selling hackintoshes, however.

    2. Re:EULA's by vil3nr0b · · Score: 0, Redundant

      I know...mod me down fanboys, but how can you restrict hardware from running your software. These same fanboys will cry about Microsoft and yet charge people exhorbitant amounts of money for hardware that is second rate at best throughout the years and they still don't have a viable gaming machine. Get off of it Jobs and keep making money selling cute accessories filled with DRM and bloatware. Stop worrying about every user not willing to shell out 2k for subpar hardware.

    3. Re:EULA's by dreamchaser · · Score: 4, Insightful

      I understand that. My point as about EULA's and about the fact that if Apple wants to restrict OS X to Apple only hardware then they should require proof of Mac ownership in order to buy a copy. They do not. If anyone can buy one then anyone should be able to install it on any computer. That goes for little shops that decide to sell hardware to run it on.

      I know why Jobs cares. He is every bit as much a wannabe monopolist as is Gates. He loves total control and complete product lock down. I don't hate Apple, like I said I have a Mac. What I hate is the hypocrisy exhibited by zealots.

    4. Re:EULA's by Lacota · · Score: 1

      Whats with the hostility? I don't get it, I own macs and PCs, and use them for different things. Being a hater is no better then a fanboi :P

      --
      It is not a god that would do evil biddings, but only a mortal and its limited knowledge would let such atrocities exist
    5. Re:EULA's by Anonymous Coward · · Score: 0

      I've always found it interesting how people shrug off anything Apple does with either "they are not a monopoly" or "to preserve the user experience". You don't have to abuse a monopoly to be a douchebag.

    6. Re:EULA's by Anonymous Coward · · Score: 0

      If I buy OS X I'll damn well run it on any machine I want.

      Come on... did you really buy it or did you just grab the torrent. Even if you did buy it, did you really buy the OS or a license to the OS? Did you buy the single-user license or the family pack? If you bought the single-user then you really are rebellious!!!

      The consumer is not always right. Run linux if you want to hack the shit out of something. Run OSX if you want to get work done. I really do hate how everyone wants everything for free and no matter what they will complain.

    7. Re:EULA's by Anonymous Coward · · Score: 0

      I know why Jobs cares. He is every bit as much a wannabe monopolist as is Gates. He loves total control and complete product lock down. +1 absolutely-right-even-though-fanbois-hate-hearing-it.
    8. Re:EULA's by Actually,+I+do+RTFA · · Score: 1

      My point as about EULA's and about the fact that if Apple wants to restrict OS X to Apple only hardware then they should require proof of Mac ownership in order to buy a copy. They do not. If anyone can buy one then anyone should be able to install it on any computer.

      Part of a civilized society is that you can use contracts (aka, EULA) as opposed to physical measures (aka, proof of ownership) to lower transaction costs.

      --
      Your ad here. Ask me how!
    9. Re:EULA's by Anonymous Coward · · Score: 0, Insightful

      He is every bit as much a wannabe monopolist as is Gates. He loves total control and complete product lock down.

      Those two are practically opposites. He's not a wannabe monopolist -- he's a control freak, which virtually precludes being a monopolist. Does anybody doubt that if Apple made Mac OS run on clone PCs, they'd take over Microsoft's position in a year? But Steve doesn't do this. He wants to control his products, not have a monopoly.

      I'm not making a call on which is better to be than the other, but I don't see how you can reasonably claim he's both.
    10. Re:EULA's by ForumTroll · · Score: 4, Funny

      Does anybody doubt that if Apple made Mac OS run on clone PCs, they'd take over Microsoft's position in a year?
      Yes.
      --
      "A Lisp programmer knows the value of everything, but the cost of nothing." - Alan Perlis
    11. Re:EULA's by Anonymous Coward · · Score: 1, Funny

      The only real difference between Microsoft and Apple:

      Microsoft will come up to you, shake your hand, and tell you that they have that will work for you. And they'll tell you that they're going to bend you over & give it to you up the ass, and you choose to buy Microsoft (or not buy Microsoft).

      Apple will come up to you, shake your hand, and welcome you to the wonderful world of Apple. They'll make you feel good about yourself, they'll make you feel damn near loved and they'll show you how easy your needs are satisfied on Apple. They'll make the sale, cause you want to buy from a company that loves you afterall, and you'll become an instant fanboi. Then, when you least expect it, an Apple rep will come into your house, bend you over & give it to you up the ass.

      I'm no fan of either Microsoft or Apple, but at least Microsoft is honest about the anal rape.

    12. Re:EULA's by tepples · · Score: 1

      Part of a civilized society is that you can use contracts (aka, EULA) as opposed to physical measures (aka, proof of ownership) to lower transaction costs. Part of a civilized society is also that there exist conditions under which contract terms become unenforceable. Otherwise, to take it to one extreme, it would become possible to sell oneself into a legal state of slavery.
    13. Re:EULA's by Gorbag · · Score: 1

      By all means, run your purchased version of OS X on many machine you want. The only problem is, you can't purchase OS X from a retailer, only license it. Purchasing OS X requires negotiating directly with Apple, and I don't think the price tag will be something most folks who post to these forums can afford.

      --
      -- I speak only for myself
    14. Re:EULA's by Actually,+I+do+RTFA · · Score: 1

      Part of a civilized society is also that there exist conditions under which contract terms become unenforceable.

      No doubt. Had the legitimicy of the EULA been brought into question, I would not have really had a problem. My problem was saying that there are ways of achieving the end of the EULA. Either those ends are allowed, in which case a EULA should be able to enforce them, or they are not, and non-EULA action to enforce them is verboten.

      In this case, I would favor the latter actually.

      --
      Your ad here. Ask me how!
    15. Re:EULA's by stewbacca · · Score: 2

      The only real difference between Microsoft and Apple: ...is that Apple actually makes good products. You could have just said that and saved a lot of typing. :-)
    16. Re:EULA's by dfgchgfxrjtdhgh.jjhv · · Score: 1

      its not rape if its consensual & you're an adult.

    17. Re:EULA's by jonbryce · · Score: 1

      It didn't work last time Apple tried allowing MacOS on clones. Can't see how it would work this time.

    18. Re:EULA's by madsenj37 · · Score: 1

      Assuming this was somehow enforceable, which it is not, it would cause the price of OS X and/or Mac hardware to go up. Its easier for Apple to stop others from selling clones and better for the customers of Macintosh hardware.

      --
      Choosing the lesser of two evils is a choice for evil.
    19. Re:EULA's by Anonymous Coward · · Score: 0

      What hypocrisy? I think you misunderstand copyright law. It grants the creator of a work the sole right to copy that work. When you buy a work from a creator, you do not buy the right to copy the work. Now software sales take place because in addition to selling you a work, the copyright holder also sells you a license to make a copy of the work (otherwise no one would buy the disks software comes on). The license dictates what kinds of copies you can and cannot make of the work. You are not free to ignore the license if you want to copy the work. Your hackintosh is a violation of copyright law, since the license agreement you need in order to copy Apple's work disallows it. (Also, I suspect you did not buy a separate copy of Mac OS X in order to install it on your non-Apple computer.) Again, you misunderstand copyright law and thus your analysis is wrong.

      The above is just a basic analysis. There are a lot more hooks in so-called intellectual property law that disallow what you are doing. I would suggest that if you want to freely copy an operating system and run it on any computer you choose, try one of the various flavors of Linux or other operating systems that are routinely suggested on this message board. Breaking the law to run an operating system is not really a legitimate form of civil disobedience.

    20. Re:EULA's by Anonymous Coward · · Score: 0

      The great thing about zealots is the fact that they're nearly immortal when paired against either zerglings OR space marines.

      Firebats, however, are another story.

    21. Re:EULA's by Anonymous Coward · · Score: 0

      I damn well have to fucking show my student ID to buy a still overpriced Adobe suite at the student rate don't I?

      dddaaaaaaaaaaaeeeeerrrr (slaps side of hand against chest repeatedly)

      Civblized sholsitety up youero poopchutz daaaaaahhh

    22. Re:EULA's by nine-times · · Score: 1

      It has nothing to do with EULAs. If they're selling machines with Leopard installed, it's a copyright violation. They're distributing copyrighted material without any license to do so.

      It's arguable that Apple can only provide the consistent and stable experience they do because they control the hardware. I don't entirely buy it, and would like to be able to install OSX on generic machines. On the other hand, I wouldn't buy a pre-built Hackintosh machine like what's being advertised unless they also provided their own patches and support for all updates, so that I didn't have to worry about my system ceasing to work because of a security update.

      Aside from all this, I definitely think Apple has the right to refuse to sell OSX for non-Apple computers, and the right to refuse to support your Hackintosh.

    23. Re:EULA's by Cajun+Hell · · Score: 1

      The only problem is, you can't purchase OS X from a retailer, only license it.

      There's a lot of loose talk here, but I'm pretty sure he was talking about buying legal copies of Mac OS X, not actually buying the source code from Apple or otherwise becoming the new copyright holder..

      When you look at it that way, it makes sense. Lots of retailers sell boxes containing a OS X DVDROM. Pay your money, don't sign any contracts, and you walk out of the story owning a shrink-wrapped product. Pay cash, and neither Apple nor the retailer even knows who you are. After the transaction, there's no evidence or paperwork even suggesting that you (perhaps even anonymously) licensed anything, but you'll have a receipt showing that you bought something. No records pertaining to licenses are kept. No forms are required or explanations offered ("um, sire, you realize we don't really sell that, right?"), before you hit the cash register.

      Online it's like that too, except without the anonymous aspect (it's hard to buy things online anonymously) but with even less interaction which would allow licensing. For example, Amazon.com sells Mac OS X and I know for a fact that they don't do any customer-licensing paperwork to broker agreements between Amazon customers and their suppliers (such as Apple). That would be incredibly intensive and delay shipping. Can you imagine ordering it online, and getting a form in the mail a few days later? There's no way Amazon could handle that sort of business model.

      Purchasing OS X requires negotiating directly with Apple, and I don't think the price tag will be something most folks who post to these forums can afford.

      Check out this page on Apple's own website. It has a section that links to resellers, and it also has a "Buy Now" link (those are Apple's words, not mine; they actually say "Buy" on their webpage, follow the link if you don't believe me).

      The resellers link will take you to places where you can actually purchase (i.e. own) a copy of Mac OS X without any licensing. I've done business with one of the entities that they point to in my location, and am sure that the store in question sells rather than licenses.

      But here's where it gets interesting: the "Buy Now" link goes to page where they actually do switch wording and mention licenses for the first time. The "add to cart" part of the page doesn't say anything about licenses, though (and yet, it seems implied since there is a mention of how many users will use the software; normally when you buy software, there's no limit to how many people are allowed to use the computer you install it on, so this shouldn't even be mentioned unless the customer is about to enter into some kind of agreement to keep other people off his own computer). After that, it gets even more inconsistent; if you add it to your cart and look in your cart, there's no hint that you're actually going to end up agreeing to a license rather than buying a product.

      After that, if you click "check out" it wants me to create an account, so I wasn't able to check to see if they license rather than sell. It might be interesting, for someone who obtains their OS X directly from Apple, to take a careful look at exactly what they end up agreeing to, before getting the product. I wouldn't put it past Apple to try to actually license it; but I wouldn't count on their lawyers having actually crippled the website yet, either. Anyone wanna spend $129 to find out?

      --
      "Believe me!" -- Donald Trump
    24. Re:EULA's by AvitarX · · Score: 1

      This time everyone could put it on the computer they already have (especially if it can run Vista).

      This time it is OSX which is a great OS. Last time it was OS 7 that from my experience wasn't really any better than Windows 95 (both crashed a lot had weak/no memory protections, bad multi-tasking (worse on Apple) and generally sucked.

      OSX is something that people have seen and thought was cool for years now, and people running XP at home probably envy their wealthier/smarter/stupider /whatever friends running OSX and would like to switch.

      It is still probably a bad Idea for Apple. They would either need to spend more developing OSX, deal with crappy drivers (22% of Vista crashes from one vendors drivers), or have a lot of people buying it that can't run it. Every sale of OSX that is to someone who chose a clone over Apple brand would cost them in profit to make up for the sale to the person that was not going to be an Apple sale previously. It would also be disruptive to their current business model which is very profitable.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    25. Re:EULA's by Anonymous Coward · · Score: 0

      Anyone who claims Microsoft does not make good products doesn't use Office. I am by no means a Microsoft fan (I have more linux boxes than Windows), but Office (and Excel in particular) is the best office suite out there.

    26. Re:EULA's by ceoyoyo · · Score: 1

      Oh come on. Lots of rules change when you try to make a profit off something.

      You can legitimately argue that EULAs are invalid for individuals because you can't read them before you open the package, and you can't return the software after you open the package. Fine.

      But this place has opened more than one package. They cannot make the same claim.

    27. Re:EULA's by russotto · · Score: 1

      You can legitimately argue that EULAs are invalid for individuals because you can't read them before you open the package, and you can't return the software after you open the package. Fine.

      But this place has opened more than one package. They cannot make the same claim.

      How about if I argue they are invalid because there is no agreement between the parties, and because there is no consideration granted one of the parties?

    28. Re:EULA's by ceoyoyo · · Score: 1

      Then you can go to court and argue it out. It's a much weaker claim.

    29. Re:EULA's by PingXao · · Score: 1

      Does anybody doubt that if Apple made Mac OS run on clone PCs, they'd take over Microsoft's position in a year?
      I absolutely doubt that. Let's face it, "Finder" is about as retarded a concept as I've ever seen on a computer system. It illustrates perfectly why you never see any "Macintosh For Dummies" books. The more appropriate title would be, "Macintosh IS For Dummies".

      I've written device drivers for Windows, Linux and Mac OSX. Know what? Apple's approach almost makes it easy to write device drivers. Almost. It's certainly better than what MS or Linux has to offer for developers of device drivers. But having said that I'm not about to convert to Mac evangelism. That's a niche and a cult I have no interest in joining. Mac OSX (or 9 or any of the earlier incarnations) is inferior in many ways to both Windows and Linux.

      What sort of system leaves the application running after all its windows have been closed? To what purpose? It's retarded.
    30. Re:EULA's by 99BottlesOfBeerInMyF · · Score: 1

      Anyone who claims Microsoft does not make good products doesn't use Office.

      I use MS Office. It is by no means the best of breed solution for many use cases. It also has long standing bugs that have never been corrected, particularly with regard to corruption of large documents. It also has formats that change so often and between different versions that there is no guarantee of a document looking the same on two different versions, or even using the same version on the same OS, but plugged into different printers.

      but Office (and Excel in particular) is the best office suite out there.

      Office is the most popular by far. Remove the interoperability problems with office formats and there are plenty of contenders. Office holds the market through intentional failure to interoperate and by bundling it all together so that better solutions for the individual components are hard to get approved as corporate purchases.

    31. Re:EULA's by russotto · · Score: 2, Insightful

      Well, actually, I _don't_ have to go to court. First the author of the EULA would have to bring me to court.... and how would they know I'm violating the EULA? They don't even know I have an agreement with them (which in itself argues strongly against there being one).

    32. Re:EULA's by aliquis · · Score: 1

      I don't think it's good that Apples restricts it.
      But I won't say it's bogus and unenforceable.

      But it's just so retarded to pretend that you are right and didn't understood better and that whatever you don't like must be wrong.

      I'm a pirate, I copy whatever software and games I feel a need for and can copy, and some music and some movies. But I'm not pretending it's right an all ok. I just do it anyway. I'm not shouting "noone who makes software, music or movies should be paid for their work!", I just don't pay knowing I took it without paying.

      If you want to hack OS X and run it on your machine, you may do so, don't just pretend and try to make up excuses and tell people how it's all ok. It's not, but you did it anyway, fine.

    33. Re:EULA's by Anonymous Coward · · Score: 0

      You shouldn't.

      Every time Apple has allowed clones to be made of any Apple product, they outsold the Apples by over a factor of 2 to 1, and Apple had to quickly turn off the clones.

      Remember the Laser brand Apple clones? They were closer to 4 to 1 or 5 to 1 over the Apples of the time.

      Apple overcharges for their products, and they know it. This is the #1 reason for them to not allow clones.

    34. Re:EULA's by aliquis · · Score: 1

      I know the answer to the last one: OS X in case the application in question supports multiple documents/projects/... Because in that case it assumes that you may want to make or open a new one. If you wan't to quit the application in case of just the document/project you are working with just quit it. It's not that hard to press apple-q you know.

      I was confused to at first thought. But I'm not here to say either approch are right or wrong.

      It would be fucking annoying if you indeed WANTED to switch document or make a new track and the whole application closed down when you didn't wanted it to.

      Also it speeds up eventual relaunch of the application in question and doesn't "cost" anything if you already have enough ram.

    35. Re:EULA's by aliquis · · Score: 1

      Also why are everyone assuming anal sex are something bad? Afaik more girls seems to have a positive attitude towards it once tried than a negative. And since it's likely to be even better for men, or atleast as good, it probably are for them aswell.

    36. Re:EULA's by aliquis · · Score: 1

      If there are no agreement why the fuck are they using it? Do you run into a bus or train and when your ticket are controlled you yell "omg I haven't signed a contract!! What did I do wrong?! How could I know I had to buy a ticket?" (I guess that may even work ..)

      Slashdot be the highest concentration of retards anywhere...

    37. Re:EULA's by ceoyoyo · · Score: 1

      If you start a company that advertises and sells computers with an OS installed on them against the EULA then yes, you will have to go to court because you will be sued. Provided you can convince anyone to buy one, of course. Apple might be wise to just let this company implode under their own support burden.

    38. Re:EULA's by 4D6963 · · Score: 1

      What sort of system leaves the application running after all its windows have been closed? To what purpose? It's retarded.

      No it's not, you're just not used to it and so you don't understand. The Windows equivalent to that behaviour is when a program stays open with an empty window and just its menu. You can still switch to it and either quit it or start something new from it. The difference on Mac is that since the menu is not bound to windows, you can do away with the useless empty window, and thus leave a program running even if you have no document opened.

      --
      You just got troll'd!
    39. Re:EULA's by Anonymous Coward · · Score: 0

      How does limiting the purchase of OSX to people who own a Mac keep people from installing it on a PC?

    40. Re:EULA's by Alexis1537 · · Score: 1

      That's a highly emotive and (if I may say so), flawed comment. A) Mr Jobs probably won't sue you because you're not worth suing. B) The issue is what Apple (as the copyright holder) chooses to do with its IP, not what you think they should do to satisfy your perception of what equitable and fair. C) You can decide what you like regarding the copy of OSX you "bought", but that doesn't take away the fact that Apple is the sole arbiter of how it wants its products to be used and, fundamentally, the methods by which it chooses to make money. Same goes for Microsoft. Microsoft uses serial numbers and activation to control how its products are used - Apple forgoes serial numbers and activation in favour of a "hardware tax". Up to you to determine which one suits you, but you're misguided if you think that Apple will let you and the Miami lot have your cake and eat it too.

    41. Re:EULA's by TheRaven64 · · Score: 1

      What sort of system leaves the application running after all its windows have been closed? To what purpose? It's retarded. A very common workflow for me is to finish editing one document and then open or create a second one. I close the first one then open the next one. If the app exits after I close the first document, I need to relaunch it immediately. Or I need to open the second document then close the first.

      The first one of these requires closing and reopenning an app, which is obviously wrong. The second requires altering my workflow to fit around the app behaviour, rather than having the app behaviour fit around my workflow.

      --
      I am TheRaven on Soylent News
    42. Re:EULA's by mollymoo · · Score: 1

      Apple certainly have high margins on their hardware, that's for sure, but they're not the only ones - other manufacturers charge high margins on their premium machines too. Sony sell similar laptops and Dell similar workstations at similar prices, for example. The real killer is that Apple don't sell any non-premium hardware and don't want to. That makes them easy to undercut with a machine with the same headline figures. Rather like the Open[1] in fact, which compared to a Mini is a: absolutely fucking huge, b: has no OS, c: has no firewire, d: has no gigabit ethernet, e) isn't virtually silent.

      [1] As of a not-long-ago site redesign, the OpenMac is now the Open.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    43. Re:EULA's by 99BottlesOfBeerInMyF · · Score: 1

      EULA's... So are they good and enforcable this week, or evil and unenforceable? Seeing as this pertains to Apple it's probably a coin toss.

      Umm, whether or not Apple is using them does not matter. Unreadable EULA's are an abomination from a legal and consumer rights perspective, but their ability to be enforced is still in question, having been upheld in some jurisdictions/uses and struck down in others.

      The fanbois will all chime in with how it's such a good thing that Apple restricts what hardware one can run OS X on, and how this company should be shut down.

      Well, I'd argue that it is a good thing Apple restricts OS X to only run on Apple hardware, since otherwise they have no business case for developing it and we'd all have to use Windows more often. As for this company being shut down, yeah they're boneheads and this particular operation should be shut down because they used Apple's registered trademark "Mac" in the title of their product, which is clearly confusing to the average consumer as to if this is a Mac (made by Apple) or not a Mac (made by someone else).

      If this were about some MS EULA there would be a firestorm about how EULA's are bogus anyways and unenforceble.

      Umm, there are hundreds of comments to that affect in this discussion. What do you mean, if this were MS?!? Give up on the stupid, Apple is treated differently on Slashdot meme.

      If I buy OS X I'll damn well run it on any machine I want.

      Okay, just so that you know you're probably violating Apple's copyright and if the courts decide you're not, Apple will change their license so that you will be in the next version. Do you also support distributing closed source modifications to Linux in violation of their copyrights? After all, just because you're making copies of an OS doesn't mean you have to obey the copyright license, right?

      In fact, one of my two OS X machines is *not* Appple Branded. That's right, it's a Hackintosh. Sue me, Jobs.

      They could, but they'll never bother to do so. They care about pre-installs, not hacks by hobbyists. If anything you have to worry that the courts will find their EULA un-enforcable and Apple will resort to copy protection schemes making it very difficult for the Hackintosh projects in the future as well as subject to absurd penalties thanks to the DMCA.

      Apple isn't going to unbundle their hardware and OS in a monopolized market. All that remains to be seen is if Apple will have to make their OS harder to install/buy to make sure they stay bundled. In the extreme case, Apple would abandon development of OS X for the desktop since it would no longer be a profitable venture.

    44. Re:EULA's by thexile · · Score: 1

      Please define 'good'.

  5. OpenMac website... by downix · · Score: 3, Funny

    I imagine it now...
    Webmaster: We just put up the site!
    Technician: Oh no, the site just went down!
    Webmaster: Did Apple slap us with a S&D letter?
    Technician: No, someone posted our link on Slashdot!

    --
    Karma Whoring for Fun and Profit.
    1. Re:OpenMac website... by CompMD · · Score: 5, Funny

      In English, the word "cease" does not start with the letter "S."

    2. Re:OpenMac website... by blantonl · · Score: 1, Informative

      In English, the word "slashdot" does start with the letter "S."

      --
      Lindsay Blanton
      RadioReference.com
    3. Re:OpenMac website... by Anonymous Coward · · Score: 0

      The site was down long before it made it to Slashdot - it collapsed very early this morning.

        I had nothing to do with that !

    4. Re:OpenMac website... by SEWilco · · Score: 1

      In /., the word does not start with "S" it starts with "/".

    5. Re:OpenMac website... by blantonl · · Score: 1

      I think you meant "\/".

      Don't forget to escape your slashes.

      --
      Lindsay Blanton
      RadioReference.com
    6. Re:OpenMac website... by Anonymous Coward · · Score: 0

      I thought it started with a "/".

    7. Re:OpenMac website... by xtracto · · Score: 1

      shit that was so funny :)

      thanks!

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    8. Re:OpenMac website... by Anonymous Coward · · Score: 0

      Apple takes this very seriously, I think the 'S' stands for sodomize.

    9. Re:OpenMac website... by AeroIllini · · Score: 1

      A Slash and Dot letter?

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    10. Re:OpenMac website... by Anonymous Coward · · Score: 0

      "Stop & Desist"

      Idiot.

    11. Re:OpenMac website... by Anonymous Coward · · Score: 0

      No, no. It's the "Search & Destroy" letter.

    12. Re:OpenMac website... by ChrisA90278 · · Score: 1

      The site went down well before it appeard on Slash dot. The mac specific sites had the story first.

    13. Re:OpenMac website... by monkeySauce · · Score: 1

      Yes, but in some parts of this country, they speak American, not English.

      S&D is a Stop and Don't-do-it-again letter. That's what you send when the recipient is likely to be confused by the English words cease and desist.

    14. Re:OpenMac website... by DurendalMac · · Score: 1

      And Digg. Those two together could cripple the mightiest of webservers.

    15. Re:OpenMac website... by dkalley · · Score: 1

      ...Webmaster: Did Apple slap us with a S&D letter?

      In English, the word "cease" does not start with the letter "S."
      It's a letter from Steve Jobs and it's a little different, it's called a "Search & Destroy" letter.
    16. Re:OpenMac website... by Anonymous Coward · · Score: 0

      Wow.. The parent has been modded "informative" LOL

    17. Re:OpenMac website... by Anonymous Coward · · Score: 0

      It was a Slash & Dot letter.

    18. Re:OpenMac website... by mjwx · · Score: 1

      In English, the word "cease" does not start with the letter "S."
      . Give them a break.

      They're probably Americans and cant speak propper English.
      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    19. Re:OpenMac website... by Anonymous Coward · · Score: 0

      you mean YOUR legal firm isn't sending 'slashdot and desist' letters?

  6. This is /. by elrous0 · · Score: 4, Insightful

    I predict 100 posts from people saying "Apple can do whatever they damn well want with their OS!" from the very same people who scream bloody murder if MS so much as includes a media player with their OS.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:This is /. by downix · · Score: 2, Insightful

      Likely, and they'll be right. Apple makes computers. Microsoft doesn't. World of difference.

      --
      Karma Whoring for Fun and Profit.
    2. Re:This is /. by calebt3 · · Score: 2, Interesting

      So what does Apple care if you use their OS on a PC?

    3. Re:This is /. by Anonymous Coward · · Score: 0

      Huh? Why should Apple, when they are more restrictive than Microsoft in what they allow users to do with their software, get a free pass?

    4. Re:This is /. by joeytmann · · Score: 3, Interesting

      Very good point, so MS "forces" IE/MediaPlayer/Whathaveyou on you, Apple "forces" you to their hardware. Which is worse?

      --
      Insert funny smart-ass comment here.
    5. Re:This is /. by Mongoose+Disciple · · Score: 4, Interesting

      Apple makes computers. Microsoft doesn't. World of difference.

      In other words, all Microsoft has to do is open a hardware division of PCs they build that run Windows and they instantly have the moral high ground on more or less everything?

      I doubt anyone would agree with that, but if that's not what you're saying, then I can't understand how what you are saying would make any sense.

    6. Re:This is /. by the_B0fh · · Score: 1

      Main thing? The OS is used to sell the hardware.

      Second thing? Support issues. Now they are going to have to field support calls for non-Apple supported hardware.

    7. Re:This is /. by MightyMartian · · Score: 0, Troll

      Not that I'm defending Apple here, but as you seem to be the latest in a long time of severely brain damaged mental retards with functioning vocal chords but with little or no evidence of higher brain function, the difference being that at 10% of the market (at best) Apple isn't in a monopoly situation, and thus is not constrained in the same way as far as market behavior as Microsoft.

      And you moderators, mod me down if you like, but these fuzzy-brained Apple bashers truly are the most moronic denizens of this place. I'm assuming these guys eat glue and shove pencils up their noses while making odd braying sounds, getting erections while watching Tom & Jerry cartoons and try to breast feed off their stuffed animals.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    8. Re:This is /. by Duradin · · Score: 1

      So what does Apple care if you use their OS on a PC?
      Perhaps Apple wants a uniform and "good" user experience and does not want people to start complaining about how poorly OS X performs while neglecting to mention they were trying to run it on something with less power than a TI-84 calculator?

      Part of the "Apple Experience" is having the software set up for your specific hardware and not the eleventy billion possible setups of a windows box.
    9. Re:This is /. by neumayr · · Score: 1

      A lot of their income is through hardware sales, so they don't want any competition there.
      Making their software run only on their hardware is one way to make there be no competition. Was a lot easier when they were still using PowerPC, not omnipresent PC hardware.
      Now they only have an (uproven?) clause in their EULA and some bound-to-be-broken firmware lock to stop cloners.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    10. Re:This is /. by Tenebrousedge · · Score: 1
      I like slashdot because of that. We can be absurdly hypocritical, and make snarky comments about it, all at the same time! I think that this has to do with there being actual thinking people posting here, as opposed to other parts of the internet who really do promote only one viewpoint. Now, if we examine your comment, are you (1) pointing out a valid problem with the general consensus of posts here (2) attacking a strawman as some form of preemptive retribution (my favorite kind!), (3) CowboyNeal, or (4) one or more of the above?

      That's all slashdot, and it's all good. Except where it results in me getting modded into oblivion. Then it's unjust and the moderation system is broken :)

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    11. Re:This is /. by joeytmann · · Score: 1

      So if you are a success you aren't allowed to cheat. I like that, but if you aren't a huge success cheat, all you want? I think someone else needs to develop some higher brain functions.....

      Oh and by the way, I bet the MS bashers out populate the Apple bashers here on lovely /.

      --
      Insert funny smart-ass comment here.
    12. Re:This is /. by Constantine+XVI · · Score: 2, Interesting

      Second thing? Support issues. Now they are going to have to field support calls for non-Apple supported hardware. No they don't. While the legality of not allowing the OS on other hardware is questionable, it's perfectly legal to not provide support for anything but Apple hardware.
      --
      "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
    13. Re:This is /. by Anonymous Coward · · Score: 0

      heh. you hate us because we are right, and the self rightous hypocritical morons that dominate slashdot are wrong.

    14. Re:This is /. by Anonymous Coward · · Score: 0

      Hmmm...

      The problem with bundling was never that MS offered you their program -- it was that, as with IE, that even if you wanted to use another browser, you really couldn't because they welded theirs so tightly into the OS for no other purpose than to force you to use it. And it worked enough that much of the 90s/early2000s some sites/services were IE only.... even Windows Update today.

      And they were hoping to leverage that monopoly into something more substantial (control of the web).

      So it's quite different from your analogy. If you want a Unix, you can run Linux or a BSD. And OS X doesn't force you to run Safari... so I don't really know what you analogy has to do with anything.

    15. Re:This is /. by Anonymous Coward · · Score: 0

      And your idiot comments are helping things how?

    16. Re:This is /. by Kalriath · · Score: 2, Insightful

      So... if Microsoft uses their OS to sell a crappy Media Player it's bad, but if Apple uses their OS to sell an overpriced PC it's good? Face it, it's bullshit from both parties. What applies to one applies to the other.

      And do not whip out that fucking monotonous response "Apple is not a convicted monopolist" because they fucking should be, and we're all (except the Apple fanbois) sick of hearing it

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    17. Re:This is /. by calebt3 · · Score: 1

      If they stopped licensing to other OEMs, maybe.
      I wonder what HP, Dell, & friends would do if MS did that.

    18. Re:This is /. by __aaqvdr516 · · Score: 1

      Very good point, so MS "forces" IE/MediaPlayer/Whathaveyou on you, Apple "forces" you to their hardware. Which is worse?

      Considering you can install FF, Opera, Media Player Classic, , it's not much of an argument. Seems to me like you're comparing apples(pun intended) and oranges.

    19. Re:This is /. by pressman · · Score: 1

      When MS bundles a media player or a browser or anything with their OS, they make it so that removing that application actually BREAKS the OS. Delete QuickTime Player or iTunes or iPhoto and OS X chugs along happily.

      That is the difference.

      --
      Pooty tweet
    20. Re:This is /. by pressman · · Score: 1

      The legality of of not allowing it on other boxes? Legality? Is that really the term you want to use?

      That's some seriously screwy legislation that would FORCE a company to license it's OS to other manufacturers.

      As far as I know, Mac OS X is not so vast that it's become part of the federal infrastructure.

      Agree or disagree with Apple's choice to keep all design and manufacturing in house, but in a market economy, their choice to do so should be left to them and they should sink or swim with their decisions. I'm no Libertarian, but legislating this kind of business behavior is appalling even to me... and I'm a socialist at heart.

      --
      Pooty tweet
    21. Re:This is /. by Z34107 · · Score: 1

      Very good point, so MS "forces" IE/MediaPlayer/Whathaveyou on you, Apple "forces" you to their hardware. Which is worse?

      They also "force" use to use iLife, Safari, etc. So with Mac, you've got hardware and software shoved down your throat.

      Of course, that's a "feature" of the Macs, evidently. MacBooks are really just rebranded first-generation video iPods.

      --
      DATABASE WOW WOW
    22. Re:This is /. by prockcore · · Score: 1

      Delete QuickTime (not just the player) and OSX will die a horrible death. Same with WebKit and all the other things that Apple *bolts* onto the OS.

    23. Re:This is /. by m.ducharme · · Score: 1

      And do not whip out that fucking monotonous response "Apple is not a convicted monopolist" because they fucking should be, and we're all (except the Apple fanbois) sick of hearing it

      Except, um, Apple doesn't have a monopoly on computers or operating systems. In fact, last I checked, despite good growth in those segments, they're still trailing, and by a lot. Apple uses their OS to sell an overpriced PC because they don't sell many PCs, and would like sell more. Like maybe, break 10% market share. maybe.

      Further, Microsoft doesn't sell Media Player. They use their OSs monopoly position, to give away free copies of their media player, to lock people into WMA/V formats. Apple is doing something similar with iTMS and iPods, and you're certainly welcome to argue whether that's right or wrong, but in this thread, it's off-topic.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    24. Re:This is /. by elrous0 · · Score: 1

      I have used Windows since ver 3.1 and have never once had any problems installing or running alternate browsers (Netscape in the 90's, later Mozilla).

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    25. Re:This is /. by Anonymous Coward · · Score: 0

      So... if Microsoft uses their OS to sell a crappy Media Player it's bad, but if Apple uses their OS to sell an overpriced PC it's good? Face it, it's bullshit from both parties. What applies to one applies to the other.

      Hey, I'm no mac fan by any stretch. But there is a difference in using monopoly position to gain share in other markets, with what Apple is doing, at the moment at least. That being said, I fully agree that Apple is no saint. If they were in Microsoft's position, they would be just as 'evil'. It's just the nature of today's corporations, The only solution to lock-in is having alternate Operating Systems gain noticeable market share. That would make Open Standards more of a necessity. So in this light, I hope people install OSX if it suits them, even though I personally prefer Linux.

    26. Re:This is /. by Anonymous Coward · · Score: 0

      Mind expounding on that "world of difference" or are you just going to spew rhetoric like a good fanboi?

      Frankly I think a company owning both HW and SW is worse than one owning just one and having underhanded mafia style deals with computer makers. The former just cuts out the middle-men to maximize profit.

      I post anonymously because although my karma aint bad I fear a backlash.

    27. Re:This is /. by MBGMorden · · Score: 1

      I wonder what HP, Dell, & friends would do if MS did that. Quite possibly curl up into a corner and die. Hint: it isn't a business reason why MS doesn't do this, it's a legal one.
      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    28. Re:This is /. by AvitarX · · Score: 1

      Actually it is like this:

      If you are too successful you are handicapped. Otherwise do as you please.

      There are good and bad parts to lock-in, when competitors abound the consumer can choose. When there is no choice then everyone loses, so limitations are put in place to limit the amount of loss.

      It may not make sense, or you may not agree, but it is the way the law works in the US.

      I wish OSX was available on non-Macs, but it is not. If OSX was a required part of going about daily business, and new bundling was added it would be illegal. As it is with little market share and bundling always being the way it is not.

      If the Hardware mark-up was too extreme than an un-bundling could be forced too, perhaps splitting the company into and OS and Hardware division, requiring the OS devision to sell to anyone.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    29. Re:This is /. by rbanffy · · Score: 1

      And it would be totally appropriate.

      The fact Microsoft has an effective monopoly on operating systems, web browsers and office apps data formats and that it has been shown to repeatedly abuse that position in order to extend it (which _is_ a crime) makes a world of a difference.

      All the peripheral monopolies MS has should be considered illegal ones because they stem from the abuse of their monopoly of PC operating systems.

      And it dates back to the late 80s and early 90s.

    30. Re:This is /. by rbanffy · · Score: 1

      "In other words, all Microsoft has to do is open a hardware division of PCs they build that run Windows and they instantly have the moral high ground on more or less everything?"

      Not a moral high ground, but if they stopped selling OSs for other computer makers, they would be in a far worse position regarding their power to abuse monopolies.

    31. Re:This is /. by Anonymous Coward · · Score: 0

      MS is a convicted monopoly. Apple isn't.

    32. Re:This is /. by mjwx · · Score: 1

      Apple makes computers.

      No, Apple brands computers. Everything else is outsourced to other companies.
      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    33. Re:This is /. by Anonymous Coward · · Score: 0

      I don't know, which one's the monopoly again?

    34. Re:This is /. by downix · · Score: 1

      Correct, if they opened up a PC division for machines that ran windows, and were the only machines capable of running Windows without some form of hack or flub, cutting off ll OEM's, then yes, they would infact regain the moral high ground.

      --
      Karma Whoring for Fun and Profit.
    35. Re:This is /. by Extide · · Score: 1

      He was probably talking about the ZUNE which is a media player that they sell. Not the Windows media Player that comes with windows, obviously...

      --
      Technophile
    36. Re:This is /. by 99BottlesOfBeerInMyF · · Score: 1

      I predict 100 posts from people saying "Apple can do whatever they damn well want with their OS!" from the very same people who scream bloody murder if MS so much as includes a media player with their OS.

      Who the hell mods this shit "insightful?"

      Complaints about MS's bundling are because they have a monopoly on the market as determined by the courts in numerous jurisdictions. It is illegal to bundle products from one, preexisting market with a product you have monopolized. They've even been convicted of that specific bundling. The same bloody law applies to Apple which is why the EU has been looking into their bundling of iPods and a media player (software). The question is if the iPod constitutes a monopoly in its market, not if bundling such things is legal. It's the same laws applied to both. Are you trolling are are you still ignorant of antitrust law after the hundredth such discussion here on Slashdot?

    37. Re:This is /. by 99BottlesOfBeerInMyF · · Score: 1

      Likely, and they'll be right.

      True.

      Apple makes computers. Microsoft doesn't. World of difference.

      That is not the relevant difference at all. The relevant difference is that MS's OS constitutes a monopoly in its market. Apple's OS does not. Apple can pretty much do whatever the hell they want with their OS. What they may not be able to do soon, is whatever the hell they want with the iPod, since it may or may not be ruled to have monopoly influence on its market in the near future.

      Antitrust laws states that it is illegal to tie one market to a monopolized market. Bundling is a very common subset of tying. MS bundling their media player and OS, therefor, is illegal and, in fact, MS was convicted of doing exactly that. The same courts are investigating if the iPod constitutes a monopoly, at which point Apple would be prevented from bundling a media player(iTunes) with the iPod. I don't understand why this is so hard for people to comprehend.

    38. Re:This is /. by 99BottlesOfBeerInMyF · · Score: 1

      No they don't. While the legality of not allowing the OS on other hardware is questionable, it's perfectly legal to not provide support for anything but Apple hardware.

      The legality of supporting it is not the issue. Apple still has to answer the phone at their support line. They still have to process the e-mails. They still have to deal with negative reviews in the press and people being angry at them about things that are broken, even if they have no legal obligation. In short, it still costs them money directly (phone bills, employee time) and indirectly (poisoning their brand).

    39. Re:This is /. by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      Very good point, so MS "forces" IE/MediaPlayer/Whathaveyou on you, Apple "forces" you to their hardware. Which is worse?

      You are a little to self centered it seems. This isn't about you. MS forces IE/media player/Whathaveyou upon PC OEMs and enterprise businesses by leveraging a monopoly. This is illegal and undermines free trade. They sell very little to people directly. The detrimental effects of MS's bundling for you, are fairly incidental.

      Apple forces people who buy their OS to run it on their hardware, but they don't have a monopoly on OS's or computer systems. Don't like it, buy a Dell or buy Windows. You have choices. What Apple does is perfectly legal. OEMs do not have any practical choices when it comes to what MS does to them.

      I fear you simply don't understand antitrust law, or how the markets operate or how these apply to Apple and MS. I'm not even going to try to explain the reasons for the laws because I'm sick of educating people on the topic. Why don't you go read about antitrust laws and their purpose and then when you have an educated viewpoint, if you still want to discuss the topic, go ahead and reply to my post.

    40. Re:This is /. by 99BottlesOfBeerInMyF · · Score: 1

      So if you are a success you aren't allowed to cheat.

      Bzzzzt! Wrong. Thank you for playing.

      I like that, but if you aren't a huge success cheat, all you want?

      Sigh. You'd think if people are going to discuss antitrust laws being applied against MS, they'd understand what antitrust laws are, or at least what "trusts" are in such a context. If you have a monopoly, you can't use it to undermine free trade. If you don't have a monopoly, then guess what... it's pretty hard to use to undermine free trade.

      Apple and MS are both banned equally from leveraging any monopolies they have to undermine free trade. MS has a monopoly on desktop OS's and is thus, restricted in what they can tie to it from other markets. Apple does not have a monopoly on OS's or computer systems so they can do whatever the hell they want with either of them. They may or may not have monopoly influence on portable, digital music players, which is why the EU has looked into it to decide if Apple is restricted from tying things to their iPod and thereby undermining free trade.

      I think someone else needs to develop some higher brain functions.....

      I think someone needs to get an education. It's called "antitrust law." There are plenty of explanations online and any economics book for the last 150 years should be fairly up to date. Was I the only person who had to take an introduction to economics course to get a degree?

    41. Re:This is /. by dfghjk · · Score: 1

      Apple is in California. Microsoft isn't. World of difference.

  7. Not the first by MBCook · · Score: 4, Interesting

    These aren't the first people to try something like this. People used to post instructions on buying various 3rd party PPC boards to build your own Mac.

    The interesting part of this is that they have vowed to challenge Apple's EULA in court if (he he he, "if") they get sued. The outcome of that battle will be interesting. I want to say I'm on Apple's side on this one (they should get to say "only on Macs"), but a big part of me hates all the crazy restrictions in EULAs and I'm sure if Apple wasn't in a minority position I'd be crying foul over that clause as monopolistic.

    The somewhat sad part is that this could satisfy quite a bit of the complains I've seen on /. and other places asking for an upgradeable Mac that costs less than the Mac Pro. Yet the hobbled the default configuration with integrated graphics. I also enjoy the bits I've read about this where they recommend AGAINST installing OS X updates until they say it's OK because it could easily hose the system.

    All and all, while I don't expect this to go anywhere, it will be amusing to watch.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:Not the first by kalidasa · · Score: 1

      Let Apple force them to put a big disclaimer on their site: "Apple Inc. will not support, and does not advise, the installation of its software on our computers. Use at your own risk. All support will be provided by [us]." If that doesn't happen, Apple will be forced to move to an "upgrade" model where you have to have an official Macintosh hardware disk to install an OS upgrade.

    2. Re:Not the first by Life2Short · · Score: 3, Informative

      Not only are others trying to do this now, there are also plenty of examples from Apple's past that illustrate how dangerous such a product would be to Apple's bottom line. Whether it's Franklin Apple II's, the Brazilian early Mac clones, or Apple's own licensing fiasco in the early PowerPC days, it's clear that Apple must be very protective or take a serious punch to profits. Remember Power Computing? In the licensing days of Apple, before Jobs returned and pole-axed the licenses, Power Computing was really starting to hurt Apple. They were releasing faster hardware earlier than Apple, and even their primitive marketing efforts (who remembers, "Let's kick Intel's Ass" with the Sluggo cartoon?) were getting the best of Apple. They were really starting to carve out their own share of Apple's customers before Jobs pulled the plug.

    3. Re:Not the first by Black-Man · · Score: 1

      Who knows... maybe this is some kind of clandestine Apple ploy to provide a low-cost tower. Who is the target customer? Developers and maybe a few power users. And if Apple takes a cut like MS does... it would be a win-win situation to cater to developers. Especially the ones they need to proliferate the big money maker... iPhone.

    4. Re:Not the first by Kalriath · · Score: 1

      And hey, that's absolutely fine. Why should they support something they haven't tested on and didn't build for. But I still don't think they should have the right to sue paying customers because they don't want to pay $3000 for a $1200 machine (non-US prices folks, shut up about the prices - Apple still hasn't caught up with 2002 in their pricing outside the US of A).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    5. Re:Not the first by sensei+moreh · · Score: 1

      I had one of those Franklins in my lab (and a ][ Plus in my office). Great machines, never had a problem with the hardware or running Apple software

      --
      Geology - it's not rocket science; it's rock science
    6. Re:Not the first by anarkhos · · Score: 1

      It's not the same situation.

      "PPC boards" which ran Mac OS had Apple hardware and software.

      --
      >80 column hard wrapped e-mail is not a sign of intelligent
      >life
    7. Re:Not the first by MBCook · · Score: 1

      How do you figure? Some people would say to buy a refurb motherboard and build your own, but others would suggest you buy one of the few non-Apple PPC boards (like those the Amiga groups used, IIRC) and install on those.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    8. Re:Not the first by feepness · · Score: 4, Insightful

      They were really starting to carve out their own share of Apple's customers before Jobs pulled the plug. So what you're saying is that Apple's legal tactics to protect their profits are ultimately malevolent towards the consumer?

      Sounds familiar...
    9. Re:Not the first by call-me-kenneth · · Score: 1

      I want to say I'm on Apple's side on this one (they should get to say "only on Macs"), but a big part of me hates all the crazy restrictions in EULAs and I'm sure if Apple wasn't in a minority position I'd be crying foul over that clause as monopolistic. +1 insightful. Cognitive dissonance: you want something rewarding (teh shiney! lovely lovely Apple hardware), but at the same time you know it would be showing support for someone who's doing the Wrong Thing. And that my friend is what we call a moral dilemma. Shiny but wrong? Second best, but right? We all make that call a million times a day and we all make at least some tiny compromises with our ideals for the sake of convenience. (Apart from RMS, of course.)

      I'm running Mandriva BTW :)

    10. Re:Not the first by LordLucless · · Score: 2, Insightful

      So what you're saying is that back in the day, there was actual competition propelling innovation and improvements in the industry, and Apple should put a stop to that right quick?

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    11. Re:Not the first by Anonymous Coward · · Score: 0

      "If" is pretty accurate, since Apple will certainly first pursue the most clear cause of action: wilful trademark violation. Psystar was foolish to call their product an "OpenMac", and that will cost them all the profits to date, plus any legal costs Apple incurs, plus the costs of delivering up for destruction any of the infringing material they possess, plus the costs of recovering such material no longer in their possession. Any responsible defending attorney would press Psystar to settle on the trademark issue, if Apple is willing to accept a settlement that will (at least) reduce the exposure to Apple's legal costs and court costs.

      Establishing trademark infringement is useful for Apple in demonstrating wilfulness in copyright infringement, which allows them to claim statutory damages on (among other obvious things) the software, use on Psystar's website of images fairly obviously lifted from the apple.com web site ($500 statutory damage per image per web page visitor racks up very quickly), and so forth.

      Litigation over the EULA is neither necessary nor useful for Apple. Psystar committed organizational suicide by using "Mac" in "OpenMac", and reproducing Apple-produced graphics, and its principals likely will find themselves unable to go anywhere near Apple's brands in future, either by injunction or settlement agreement.

    12. Re:Not the first by Panaflex · · Score: 1

      I'm a bit confused.... Compaq cloned the IBM bios, and ran IBM DOS. Cloning has been a long tradition in the PC world - I don't see any real legal reason that would impede this.

      And the DMCA specifically allows an exception for interoperability (section f) named "Reverse Engineering."

      --
      I said no... but I missed and it came out yes.
    13. Re:Not the first by FerociousFerret · · Score: 1

      So what you're saying is that back in the day, there was actual competition propelling innovation and improvements in the industry, and Apple should put a stop to that right quick?

      I wouldn't exactly view it that way because Power Computing was dependant on Apple to survive. In the bad analogy vein, say Power Computing is a virus that depends on Apple as a host. As the virus gets stronger, it kills the host and they both die. Apple couldn't afford to keep developing an OS and other software if Power Computing was taking all it hardware profits that funded the software development. So the entire Mac ecosystem was on a dying path.

    14. Re:Not the first by Amiga+Trombone · · Score: 1

      Well, things are a little different now. When Apple first allowed cloning, Mac hardware was Apple's main source of revenue. Now it's the iPod. Not only that, Apple has since become a formidable application software vendor in their own right. It now might very well be to Apple's advantage to grow the OS X ecosystem, even at the cost of losing some hardware sales.

      Even if they don't want to license their desktop OS, I've often wondered why they wouldn't license OS X Server to 3rd parties. Apple has no substantial server business now, and clearly they have no intention of building one in the foreseeable future. Why they don't just license the server software to an HP or IBM or Dell and let companies like those build OS X's presence as a server OS is beyond me...

    15. Re:Not the first by kalidasa · · Score: 1

      I think we're in total agreement here, Kalriath. The one excuse I might permit them is if Apple goes out of its way to make people *think* it's illegal to install OS X on a beige box so that they won't try to return it when they can't get something to work on said beige box ("hey, you violated the EULA: that's you're problem"). It might just be cheaper than the alternative of dealing with millions of phone calls from irate Windows users who have installed Leopard on a machine it wasn't designed for and want some satisfaction for their money.

    16. Re:Not the first by LordLucless · · Score: 1

      So Apple had mis-priced their OS such that they couldn't support themselves? They were using a discounted OS as a loss-leader to sell expensive hardware. And when people found that other people could do decent hardware cheaper than Apple, Apple exercised its monopoly powers to ensure lock-in.

      The entire economy is interdependant. You might as well say that Apple is a parasite on the semiconductor industry.

      People like Apples OS; they want to buy it. But if Apple priced it at what it cost, it wouldn't sell as well - it'd just be too expensive. Apple want to get a slice of the OS market, so they discount their OS. But they don't want to actually have to give up the income that comes with that discount, so they force people to use their hardware so they can make a profit. It's like the old razor/razorblades thing - except if someone comes along that makes a razor that's compatible with Apple's razorblades, out come the lawyers.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  8. Website is fine. by Anonymous Coward · · Score: 2, Informative

    Web site works fine. Quit copying from the macobserver.com and do your own homework.

  9. Reality check by jmorris42 · · Score: 2, Insightful

    This is just reality calling Steve. Macs are PC clones now. Pretty, overpriced PC clones. Nobody as stopped cloned hardware before in the computing world for any length of time, Steve's reality distortion field has actually succeeded better than any realistic observer would have expected, but if this attempt fails more will follow.

    Why? Follow the money. Macs carry anywhere between a 25% (the optimistic assertions from the Mac faithful) to 100% surcharge on the hardware compared to the prices for generic crap. That means there is enough margin for even good quality clones to undercut Apple's pricing. The big vendors have dominated the Windows PC world with their OEM pricing deals and at the same time would be terrified of tangling with Apple's legal goons. That leaves an opportunity for small offshore builders and where there is an opportunity for profit the Asian factories will sell products.

    --
    Democrat delenda est
    1. Re:Reality check by diamondsw · · Score: 3, Informative

      Profit margins are about 25% depending on the product line. This is according to actual financial figures. You know, profit reports and such. Things that have to be correct and accurate for legal purposes or they're in trouble with the SEC for misleading stockholders. Real data, instead of you pulling shit out of your ass.

      Macs are not more expensive; they're just less flexible. True, you can't get a Mac with slots for less than a Mac Pro. You can't get a Mac laptop with a 7-inch screen and ultra low processor/memory/drive for $400. But for what they do sell - Mac Mini, iMac, Mac Pro, MacBook, MacBook Air, MacBook Pro - they're similar, generally only varying by a few bucks here and there (except Apple's memory is damn expensive for some reason). This little dance has been done a billion times, and will be done a billion times again.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    2. Re:Reality check by netwiz · · Score: 5, Interesting

      The catch with the "Mac Tax" is that while you can't configure a Mac to have less than the shipping hardware (integrated camera, gigabit ethernet, do-it-yourself RAM, firewire, etc.), when pricing against equivalent hardware, they usually are cost-equal or a hair less. In the case of the Mac Pro, the difference is almost 25% given the CPU horsepower with which the system ships. At release, it was impossible to find a four-way workstation within $1000 of Apple's hardware.

      This isn't to say Apple's the value leader, quite the opposite. Their surcharge on disk and RAM borders on userous; the video choices, while current at release, are updated slowly and tend not to support the more advanced configurations (SLI). That said, I'll take Apple's build quality over almost anything else, and for me at least, OSX significantly improves my workflow over Windows. YMMV.

    3. Re:Reality check by Midnight+Thunder · · Score: 3, Insightful

      Macs are not more expensive; they're just less flexible.

      If you are talking about internal upgrade ability, then only really the MacPros are genuinely upgradeable. The MacBooks are no less expandable than you average portable and the desktops are targeted towards a market that is more comfortable connecting a cable, than opening up their computer. For all the rest USB and Firewire offer most of the expandability that people want.

      --
      Jumpstart the tartan drive.
    4. Re:Reality check by vought · · Score: 4, Insightful

      Why should Steve listen to you, or anyone who advocates Mac cloning?

      The last time Apple tried it, the move almost cost the company its life. Power Computing and UMAX moved in on the high end and cannibalised Apple's most lucrative sales of Power Macs (and cannibalised is the right word; Apple did all the engineering for PCC, while the Austin firm just built boxes).

      Power and Motorola also moved in on the bottom end (which is where Apple wanted them to sell anyway), but it was the PowerTower Pros that really hurt Apple's business and licensing program.

      There's an error in the submission, too. There was no Apple "cloning" program. None of the Mac OS Licensees designed their own boards until well into the program (two years), and they all used "Old World" architecture. The licensing program actually started under Spindler, not Amelio.

      If Apple licensed the OS for non-Apple PCs, it'd be the same story all over again, albeit less severe, as Apple has diversified in the past several years. Dell (or whoever) would race Apple to the bottom on prices, and Apple's R+D budget would be cut short. Macs wouldn't "just work" anymore, and someone at Apple would be stuck writing drivers for every piece of nonstandard hardware junk the licensees wanted to install to get the price down.

      If a $300.00 premium every few years when I buy a new Mac is the cost of avoiding these kinds of headaches, I'm happy to pay it.

    5. Re:Reality check by tepples · · Score: 4, Insightful

      The MacBooks are no less expandable than you average portable and the desktops are targeted towards a market that is more comfortable connecting a cable, than opening up their computer. For all the rest USB and Firewire offer most of the expandability that people want. What kind of 3D video card can be connected to a Mac through USB, FireWire, or Ethernet? That's why there are so few Mac games: because there are so few Mac Pros.
    6. Re:Reality check by tepples · · Score: 1

      In the case of the Mac Pro, the difference is almost 25% given the CPU horsepower with which the system ships. At release, it was impossible to find a four-way workstation within $1000 of Apple's hardware. In the case of anything but a Mac Pro, what is the difference given the GPU horsepower?
    7. Re:Reality check by jmorris42 · · Score: 1, Insightful

      > Why should Steve listen to you, or anyone who advocates Mac cloning?

      Way to miss the point. I could care less whether Steve listens or not, the clones are coming anyway. The guys who cloned the Apple ][ hardware didn't ask for permission. The TRS-80 clones didn't get Tandy's permission. Compaq certainly didn't have IBM's blessing.

      When the price premium is high enough cloned hardware always appears. Economic laws eventually work their will. The barrier to entry on the Mac clone market was intentionally built as high as possible by placing much of the OS into ROMS which could be protected by copyright (remembering the Apple ][ clones) and Macs were a small niche product anyway, thus cloning was only a problem when Apple did it to themselves, and about as stupidly as possible. Macs are now PCs with only EFI, a very lame DRM scheme and a EULA preventing clones. EFI is a published standard and no barrier. The DRM is already well understood. Only the EULA remains and there is plenty of legal precedent that gives a cloner enough hope for victory to ensure a fight.

      --
      Democrat delenda est
    8. Re:Reality check by prockcore · · Score: 1

      I think the real question is, *can* Apple stop it?

      They stopped the cloning back in the 90s because the clones *needed* to have Apple's ROMs installed. That's not the case anymore.

      Basically, Apple has no right to stop Pystar from selling this.

    9. Re:Reality check by vought · · Score: 1

      The DRM is already well understood. I don't think you understand how the TPM works, if that's what you're talking about.
    10. Re:Reality check by Wooky_linuxer · · Score: 1

      Heck, no one sane believes that clones are good for Apple. Apple business model is based in control, and clones will take away that. But that is not what we're discussing here: the question is that a provision in an EULA should not inhibit you from using a piece of software you legally purchased. IMNSHO, this is BS, regardless of which side the courts take. If Apple don't want Leopard to be installed in non Apple hardware, simply don't fucking SELL IT. Bundle it with every Mac sold only, send updates to registered users. As long as I can walk into a store and buy a box of Leopard without signing a damn contract I should be morally able to do whatsoever comes into my mind with it.

      And, yeah, I am typing this from a very expensive Macbook (brazilian taxes sucks).

      --
      Where is that guy who'd die defending what I had to say when I need him?
    11. Re:Reality check by igb · · Score: 3, Insightful

      Compaq certainly didn't have IBM's blessing.
      They did, however, have Microsoft's blessing. Geeks buy hardware, but everyone else buys systems. The point about Compaq was that they could ship a box that was from an end-user's perspective the same as an IBM-PC, with the active and enthusiastic support of the software vendor who controls said perspective. Compaq's only legal issue was over the BIOS, but as the specification was openly distributed (and was in essence rather similar to CP/M anyway) a cleanroom implementation was hardly a barrier to entry. Microsoft were selling more copies of the software, which they wanted to do, and would support and indeed cheer on Compaq and the rest.

      In the case of trying to do the same thing with Apple, at the very best a vendor of clones without Apple's agreement would be able to sail through a very narrow strait on licensing. Apple would have no obligation or enthusiasm to help, and would be legally perfectly OK to erect arbitrary roadblocks in future releases. Arguments that `Microsoft aren't allowed to do that' aren't relevant, because Apple aren't a monopoly: the rules (in most jurisdictions) for monopolists trying to control the market further are rather different.

      ian

    12. Re:Reality check by byolinux · · Score: 0, Flamebait

      Um, Macs "just work"?

      I refer you to http://www.macfixit.com/

      * QuickTime distortion in early 2008 MacBooks; Mac OS X 10.5.3 to fix

      * Custom icons in the Dock disappearing

      * QuickTime 7.4.5: app launching problems: try reinstallation

      * Aluminum Keyboard Firmware Update 1.0 (#3): caps lock problems;

      * Office 2004 11.4.1 can accidentally delete Excel

      * Long passwords can cause iWeb publishing errors

      Yeah. That's just a few from their homepage.

      Macs don't "just work" anymore than anything else. They're computers. They break, and software is written by humans, who make mistakes.

    13. Re:Reality check by vought · · Score: 1

      I think the real question is, *can* Apple stop it? I think they can, and have in the past, when Rosetta wouldn't work without a TPM.

      Enough efforts like this, and Apple will be likely to implement some non-trivial OS locks to the TPM.
    14. Re:Reality check by jmorris42 · · Score: 2, Informative

      Apple didn't use TPM or this discussion would be moot. I probably should not discuss it in detail due to the DMCA but I suspect that reminding people that Google is your friend is safely on the legal side of the DMCA.

      And being a little more bold I'll narrow your searching and just mention that there is a fairly radioactive set of patches for Qemu to allow unmodified copies of OS X to boot.

      --
      Democrat delenda est
    15. Re:Reality check by Midnight+Thunder · · Score: 1

      What kind of 3D video card can be connected to a Mac through USB, FireWire, or Ethernet? That's why there are so few Mac games: because there are so few Mac Pros.

      Certainly. Games companies moving their focus to consoles isn't helping either. This effects MS-Windows too. Certain types of games don't need the latest and greatest video card, so they won't be affected by this limitation. If you want a hardcore games machine then consoles and MS-Windows is where its at, so it really depends what you are using your computer for.

      --
      Jumpstart the tartan drive.
    16. Re:Reality check by TRS-80 · · Score: 1

      Power Computing and UMAX moved in on the high end and cannibalised Apple's most lucrative sales of Power Macs (and cannibalised is the right word; Apple did all the engineering for PCC, while the Austin firm just built boxes). Apple does much less engineering these days - they just put Intel chipsets into pretty boxes.
    17. Re:Reality check by Anonymous Coward · · Score: 0

      It's not often people want to pay more for the privilege of not having choices.

    18. Re:Reality check by netwiz · · Score: 1

      Graphics-wise, the Dell XPS desktop systems have it beat, but for all-in-one, the XPS AIO isn't quite the value of the iMac. It has double the memory, but on all but the high end uses one step lower GPU than the iMac, further reduced by being the Mobility product line as opposed to the full-spec desktop hardware. You can't get anything larger than the 20" screen and overall it's almost impossible to get matching hardware to the iMac. The CPUs are a tick slower, there's no generic video out, like on the iMac, which can drive external monitors up to 1920x1200 and S-video/component televisions. There's two FW400 ports, but no FW800. The audio out on the iMac is optical, supports AC-3 and 5.1 surround, as opposed to the two-channel on the AIO Dell.

      All this aside, the Dell desktop systems are a serious value, with available quad-cores and nVidia 8800GT video standard.

    19. Re:Reality check by westlake · · Score: 1
      Geeks buy hardware, but everyone else buys systems.

      it would save no end of wasted time and argument if every geek had this pounded into his head.

    20. Re:Reality check by complete+loony · · Score: 1

      They also don't adjust their prices in other markets even when the exchange rate varies drastically. For example the cheapest Apple TV in Australia is AU$499, in the US it's $229. According to Apple the exchange rate is 0.45 when at the moment it's around 0.93. I know there are import tariffs and taxes that could add say 30% to the price, but a 100% increase is just ridiculous.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    21. Re:Reality check by ceoyoyo · · Score: 1

      Those are all back in the days when you probably retired your computer with the same OS it started with.

      Things are different, now that OS updates are more or less weekly, and you more or less HAVE to install them.

    22. Re:Reality check by macsimcon · · Score: 1

      Apple's hardware (desktop and laptop) sales amounted to 42% of its revenue according to the most recent annual report, but that report included hardly any iPhone revenue (for comparison, iPod sales were only $2B less than hardware sales). Jobs has to know that Apple is going to be out of the hardware business one day; he knows that OS X is the important part. Why else would Apple be deriving more revenue each year from software, services, iPod, and iPhone? He'll license the OS, but it may take a few more years until Mac hardware accounts for only 20% of revenue.

    23. Re:Reality check by vought · · Score: 1

      Apple does much less engineering these days - they just put Intel chipsets into pretty boxes. Wow. So they're just like Dell, hunh?

      Apple doesn't do as much hardware engineering as it used to, but there are still substantial investments in hardware engineering at Apple. I certainly would not characterize the packaging and features of the Mac Pro as "putting a chipset into a pretty box".
    24. Re:Reality check by theurge14 · · Score: 1

      No, there are so few Mac games because DirectX doesn't run on Mac OS X.

    25. Re:Reality check by dusanv · · Score: 1

      Mac Pros upgadeable? Think again. You can put in a boatload of RAM, hard drives and an odd RAID card but that's it. You can't even upgrade the graphics on the previous generation Mac Pro (that was sold up until January) to the current standard 8800 GT. Even the current generation Mac Pro will only accept Radeon 2600XT and GeForce 8800GT video cards (with Apple-specific firmware) and that's it. Pretty thin for a $3000 machine.

    26. Re:Reality check by 4D6963 · · Score: 1

      Jobs has to know that Apple is going to be out of the hardware business one day

      I for one highly doubt it. Apple will always strive to push its shiny boxes. Part of the "Apple experience" Jobs tries to keep on delivering is a shiny box + a shiny OS, and both most work greatly together to provide the user with that good experience. Jobs will never stop making these machines to try to make the OS work on every other (ugly) PC out there. Apple is not a software company or a hardware company, it's an user experience-delivering company.

      --
      You just got troll'd!
    27. Re:Reality check by DurendalMac · · Score: 1

      Actually, they do have a right, and a legal one at that. Psystar knew what the EULA said and committed mass violation. That's gonna hurt.

    28. Re:Reality check by bmorton · · Score: 1

      That's why there are so few Mac games: because there are so few Mac Pros. I've known quite a few Mac users. None of them seem to even care that there aren't games on their Macs. That's simply not why they bought their Mac.
    29. Re:Reality check by Anonymous Coward · · Score: 0

      Well, there was a little more to the scene than that.

      I had one of these:

      http://lowendmac.com/daystar/millenium.html

      It was a freakish beast that never worked right--an unauthorized design made towards the end of the program from other vendors' parts.

    30. Re:Reality check by Sandbags · · Score: 1

      Apple is internally working on an open OSX solution, to be deployed on cusom built PCs. Details are scant, but we know they've been working with multiple hardware vendors behind closed doors for years, and have build drivers for a TON of products the Mac currently can;t be installed on.

      Assuming Apple comes up with a 1) simple way of identifying compatible mac components, 2) intel releases some decent EFI mainboards, and 3) component manufacturers can actually work together, we will be seeing a full release of OS X in the future.

      We expect that the Apple install process will cross check basic component support, access the Net via the network, and centrally download all the drivers it needs for the install process to work, and notify you before you install of unsupported devices it detects.

      Of course, there will NOT be a $399 PC that will be certified to run it. You need dedicated graphics, and that alone is going to put you into $799 and higher PC solutions, but we expect Dell and others may start offering "Apple Compatible" PCs in the next 2 years or so, assuming Microsoft ever gets off it's ass, bows to intel and the resto of the works, and adds native EFI support to an upcoming XP patch and to Vista. If Microsof't doesn't, sooner rather than later, you won't be able to install Windows on PCs coming out with the latest chipsets...

      --
      There is no contest in life for which the unprepared have the advantage.
    31. Re:Reality check by Anonymous Coward · · Score: 0

      There are plenty of MBPs out there. And the Mac game selection, while limited, isn't as bad as it once was. When you look at the titles available, they do match up to Apple's customer demographics fairly well. Maxis is well covered, Civ is there (crappy port, though), WoW, etc. The ports can take a while, but Mac gaming is in way better shape than it was in the Motorola era.

      I don't know a lot of Mac owners who care much about benchmarking Crysis. If they do, they're generalists and probably have a Mac, a Linux box, and then a franken-PC for gaming.

    32. Re:Reality check by Anonymous Coward · · Score: 0

      Truth. I could've bought a MacBook Pro, but I didn't want to spend $2000 and I didn't want a fragile aluminum wafer that dings and dents and bends after a month of use (not to mention all the "weird" sleep issues, and no video display after firmware update issues, and heat issues, etc...)..... So instead I spent the same amount of money, bought a new-model MacBook with the upgraded Intel graphics adapter, and built a new custom PC with the rest of the cash. Now I have a notebook *and* a gaming tower.

      If Apple offered a real video card in the MacBook, I could've spent less, and only used one computer.

      If Apple offered a mid-line tower-form-factor computer, with truly user-upgradeable parts (seriously, have any of you ever replaced the logic board in a Mac Pro???) then I wouldn't have bought a laptop at all.

      Apple needs to step up to the plate, OR let the 3rd-party companies fill that niche - refusing to let either thing happens is simply evil.

      And I don't WANT to believe that Apple is inherently evil (even after replacing the logic board on a 12" PB G4 laptop, which I'm pretty sure was forged in the fires of Hell by Lucifer himself).

    33. Re:Reality check by rxritalin · · Score: 1

      There is only one reason why Mac users continue to profess to the value of the product they purchased. The reason is they purchased it. Its not often that people will admit that they have just been hosed. I know that if I were to go out and drop +$2,000 on a middle of the road spec PC, I better have convinced myself that it was worth it. If I dont, well then I might as well admit that Im a boob.

      Arguing the fact that Macs are competitively priced is ludicrous. Sure I can go out and snag an AlienWare or Dell XPS and get raped at the register, or I can build a white box with 5 hours worth of researched hardware and come in well under the price and well above the specs of a Mac. Even better I can add meaningful hardware upgrades to my system over the next few years to keep it screaming. The largest issue with PC upgrades is far and away the video card, these issues are usually handled within a month or two of their release. So all one needs to do is wait a month or so after a new hardware release to limit issues and save some money. This brings me to the second most argued issue for Macs of "IT JUST WORKS"; Well it better damn work if I have to drop another $2,000(+ inflation) for a new Mac every time it changes to "IT JUST WORKS, unless your Mac is past its 3 year bithday".

      Mac is not selling a PC, they stopped doing that as soon as Jobs took over. Mac is and will continue to sell an IMAGE. But since image is everything in the current consumer model, I say that they know their flock quite well.

    34. Re:Reality check by qwertyatwork · · Score: 1

      I have an iMac and it has an ati 3d card (cant remember which one), also have nforce as an option. I can even swap out a nforce for my ati. If your a serious gamer then you have to run windows, no debate about that. But iMacs do have 3d games. I have call of duty 2 and gta vice city. Call of duty 4 comes out next month. Wherever you got your information its wrong. Macs do have 3d graphics cards, and 3d games.

    35. Re:Reality check by stevelup · · Score: 1

      He's talking about MacBooks... What kind of 3D video card can be plugged into *any* manufacturers notebook computer apart from the handful of machines with an MXM slot?

    36. Re:Reality check by diamondsw · · Score: 1

      What, the 256MB/512MB discrete cards in the iMac and MacBook Pro can't game? Hell, the Intel GMA X3100 in the MacBook, MacBook Air, and Mac Mini will suffice for World of Warcraft.

      Macs generally don't *need* as many upgrades, because everything (802.11n, Bluetooth, Gigabit ethernet, firewire, decent graphics, etc) is built-in. And before you start, it pisses me off that there's no gigabit ethernet and firewire on the Air as well.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
  10. But... by calebt3 · · Score: 1

    Does it run Windows?

    1. Re:But... by Nullav · · Score: 1

      As far as I know, Windows doesen't support EFI, so probably not.

      --
      I just read Slashdot for the articles.
  11. M$ should learn from Apple by Anonymous Coward · · Score: 0

    No wonder people are now saying M$ time is up. M$ should just says "all M$ software can only run directly on hardware or other M$ branded software" in the EULA. Then, it will kill wine, VMWare ... without violating and anti trust law or consumer law.

  12. EULA by Schraegstrichpunkt · · Score: 2, Interesting

    It definitely defies the EULA for Mac OS X, which specifies that the purchaser of a legal copy of Leopard is entitled to install the operating system on an Apple-branded computer.

    And the first-sale doctrine states that the purchaser of a legal copy of Leopard is entitled to install it wherever he wants, EULA notwithstanding.

    1. Re:EULA by Anonymous Coward · · Score: 2, Interesting

      the problem is, you can't purchase anything but an upgrade copy of Mac OS. The hardware is your license key to the full copy (think of it as a very large dongle). You can't purchase a "full" legal copy of Leopard without buying a Mac.

      This makes upgrading fairly painless because the upgrade software assumes you must have a valid license because it is designed to only run on hardware that came with a valid license (no searching for previous version product keys).

    2. Re:EULA by Chaos+Incarnate · · Score: 1, Insightful

      First sale doctrine says you're free to do whatever you want with the physical disc; it doesn't say anything about the licensed content therein.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    3. Re:EULA by Kalriath · · Score: 1

      Ah, but don't iPods come with an Apple sticker?

      Can you see what I'm getting at?

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    4. Re:EULA by Lost+Engineer · · Score: 1

      So if I buy a CD I'm free to put it on my bookshelf but not play it?

      Nope, first sale applies to the content. That's the whole point of it.

    5. Re:EULA by zjbs14 · · Score: 3, Interesting

      And the first-sale doctrine states that the purchaser of a legal copy of Leopard is entitled to install it wherever he wants, EULA notwithstanding.

      First sale doctrine applies to the re-sale of the disks/content. Doing something else with the content comes under fair use. Whether that can be controlled by a EULA is pretty much up in the air from a legal perspective.
      --
      No sig, sorry.
    6. Re:EULA by Weaps · · Score: 1
      This is what we like to call in the business "100% pure USDA prime grade horse shit." I have next to me a 'family pack' version of Mac OS X 10.5 Leopard which allows me to install it on up to five Macs, of which I have three in my household. I bought it independent of my Macbook(s) to 'upgrade' mine from Tiger to Leopard. I used this opportunity to install a larger hard drive in my Macbook, and when I installed the new drive it was for all intents and purposes a completely virgin Mac with no OS on it. I popped in the DVD, ran the installer, and installed a complete fresh version of Mac OS X where there was no previous version.

      The old drive eventually went into a SATA USB external enclosure, but during my install of Leopard my 'old' Tiger hard drive sat on a desk until I got around to that.

      The ignorance. It is thick. You can walk into an Apple store and buy a single copy of Leopard, and it is exactly the same. A complete OS with no upgrade required.

    7. Re:EULA by wasteofspace77 · · Score: 1
      I think you are missing the parent post's point: the os x purchased in the store is by definition an upgrade since you can install it on a mac only: A mac that came with a version of OS X.

      The parent's post was saying, and you are echoing, that because all os x upgrades are for already licensed copies, then you don't need to worry about any crazy license keys, can support clean installs, etc.. But they are still upgrades (to the machine's original OS).

      It's a legal issue as opposed to a technical one).

    8. Re:EULA by toddestan · · Score: 1

      The ignorance. It is thick. You can walk into an Apple store and buy a single copy of Leopard, and it is exactly the same. A complete OS with no upgrade required.

      I agree, you are pretty thick. There is a difference between the license and what is technically possible with the disks. The license for OSX allows you to only put in on a computer that originally had Mac OS on it, hence it is an upgrade. There would be little point in Apple checking for previous versions of the OS, as the fact it's a Mac is good enough so they don't burden people with it.

      Besides, all the Windows "upgrade" disks also do full installs - even onto a clean disk. They just add a verification step because the fact you have a PC doesn't mean you have already have Windows.

    9. Re:EULA by Anonymous Coward · · Score: 0

      I think you are missing the parent post's point: the os x purchased in the store is by definition an upgrade since you can install it on a mac only: A mac that came with a version of OS X
      This information is now out of date with the release of 10.5, but I have installed both 10.3 and 10.4 on PowerPC Macs with completely blank hard drives and never before ran OS X. In that sense, it really is a "full" install.
    10. Re:EULA by Anonymous Coward · · Score: 0

      If the EULA is determined to be unenforceable, my guess is that we would see OS X sales restricted to only those who could provide proof of purchase of Apple hardware. And frankly that doesn't bother me at all.

    11. Re:EULA by mollymoo · · Score: 1

      If we go with the upgrade argument, you were upgrading Mac OS, just not Mac OS X specifically.

      --
      Chernobyl 'not a wildlife haven' - BBC News
  13. Re:Tell me slashdot by metalcup · · Score: 1

    The site is back up. And the 'openmac' is available for sale on their products page. So I think you were perhaps a little impatient. /. effect, after all!

    --
    "Laziness is an optimisation protocol"
  14. Too bad ... by yvesdandoy · · Score: 0

    it's SO ugly !!

  15. Stores already do this... by PC+and+Sony+Fanboy · · Score: 3, Informative

    There are two independent computer shops near my place which will put together a hackintosh for you. They won't install the OS, but they'll build a computer that is fully compatible with os X and sell you a copy of osx too...

    So... for me, this isn't news, really.

  16. EXCELLENT!! by $RANDOMLUSER · · Score: 2, Funny

    I've been wanting to replace my Franklin Ace!

    "Those who fail to learn the lessons of history are doomed to repeat them in summer school".

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  17. What is EULA worth... by Spy+Handler · · Score: 1
    It would become interesting if this small company has enough guts to stand up to Apple and face them in court.... then we will find out if, legally speaking, software company EULA is worth the paper it's written on.

    "By breaking the seal on this CD-ROM you agree that all rights regarding the use of this Software belong to US; that YOU have no rights; that you are only LICENSED for use on ONE computer, which cannot be anything other than Brand XXX model ZZZ computer; you agree to never make a copy of this Software ever; nor decompile nor modify said Software in ANY WAY; and if you do, your we will take your firstborn and eat it for lunch; this agreement shall be valid and binding in pertetuity and may not be revoked except at the whim of XXX Corp"

  18. EULA flipflop by Umuri · · Score: 2, Interesting

    Alright, to everyone posting the sarcastic comments wondering whether slashdot is Pro EULA or Anti EULA this week because it's apple and not microsoft, lets try to spell out things that hopefully everyone can agree on.

    1. EULAs are pretty much unenforcable in what littel court cases have involved them to any degree.

    2. Apple has every right to say that they won't support or vouch for the stability software that isn't running on hardware they approve of.

    Beyond that, you can argue how you wish. However that's pretty much what this eula thing boils down to.

    Apple makes it a point to ensure stability in their operating system, sometimes at the purported sacrifice of flexible code for hardware they don't sell. But if people want to try to get it working on other hardware, i really don't think apple will mind. If they do, the only reason i could think of it is they're worried about their image as the "cool" and "hip" computers getting tied in with people's hacked together junker computers running MacOS.

    Apple cares about image, and it's image is "just works". They use an eula to spell it out, albeit in a nonbinding way.

    --
    You never realize how much manually made unmanaged "linked" lists suck, till you have src.link.link.link.link...
    1. Re:EULA flipflop by dfghjk · · Score: 1

      "Apple cares about image, and it's image is "just works". They use an eula to spell it out, albeit in a nonbinding way."

      Apple cares about profits and it's profits are undercut by low priced competitors.

  19. ! $399 if you want OSX as well.. by kernowyon · · Score: 1

    The basic machine is $399.99, but for the Leopard install and disks it costs another $155 according to their website. Also not mentioned in the summary is the hard drive - 250GB 7200rpm SATA drive. There are a few other options (for extra cash of course) - RAM upgrade to 4GB for $100, 2.66GHz processor for $90 etc

    --
    Awful UID - but I have been here ages...
  20. Feature list by goombah99 · · Score: 2, Interesting

    the computer this compares to is the imac not the powermac. on that basis:
    faster CPU: 1.8-2 Ghz versus 2.2 Hhz
    more memory in base model: 1Gb versus 2
    bigger hard drive in base mode: 80gb versus 200gb

    I note that places like mac-mall already slightly discount the price of macs and give memory upgrades so the memory comparison is irrelevant.

    what you give up:
    size: the mac is teeny weenie. this thing is a full sized box

    quiet: this is not really known, but it's a fair guess that you don't get a quiet fan on a budget machine.

    other costly items:
    software: buy a copy of leopard $125
    other missing: bluetooth and wifi. not clear on GB ethernet or firewire.

    thus this thing is not very welcome in the living room, nor even on your desktop. since it will go under the desk this means lots of coords and down on your knees crawling under the desk.

    The main drawback is no software update. which is of course what you really are paying for when you buy the OS. having all your apple apps staying secure automatically is peace of mind. Their website says that software update will occasionaly be unsafe to use. One can bet this will quickly become defacto true.

    other things: no apple support. this is really good service. if you have computer problems apple is very good to you.

    $399 + 125, does not really seem like much of a bargain.

    conversely this sort of shows that the "apple tax" may be a myth.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Feature list by Angostura · · Score: 1

      No iLife either. I assume you meant Mac Mini when you wrote iMac, by the way.

    2. Re:Feature list by ender- · · Score: 2, Interesting

      other things: no apple support. this is really good service. if you have computer problems apple is very good to you. I only have 1 personal experience with Apple's service. I worked for a small company [only 4 ppl in the office]. They had a 2-cpu G4 tower that was out of warranty. One of the internal fans had come out off its bearings and broke in half. It took me 30 seconds to remove that fan.

      I called Apple, knowing the machine was out of warranty. All I wanted was the part number and price for a replacement part [just an 80mm fan, with an odd connector]. Apple support wouldn't give me the information. They told me to call an authorized Apple service place.

      So I called the local Apple store and asked to speak with one of the techs. I asked how much it would cost me to buy a replacement fan. I was told that it wasn't a user serviceable part, and that they couldn't give me that information over the phone. They said I *HAD* to bring the computer into the store and have one of their Apple 'gurus' look at the computer.

      What the hell kind of service is that? I don't have time to drive 25 miles to have some zit-faced dork look at the computer and tell me the fan is broken. I already know it's broken. Just fucking tell me how much the part will cost me.

      With that kind of service, I'm not exactly inclined to spend 3x as much on a new Apple.
    3. Re:Feature list by Burning+Plastic · · Score: 1

      So you download the service manual and find the part number... Plenty of places will sell you a replacement... No different than a lot of other manufacturers... And if they told you that they couldn't give you the cost over the phone then call somewhere else...

      --
      [All Your Fish Are Belong To Us]
    4. Re:Feature list by Anonymous Coward · · Score: 4, Informative

      Apple policy is that I'm not supposed to sell service parts to anyone but another authorized service provider, unless I install the parts in a computer.

      Apple doesn't have a problem with me giving you a price quote on a part.

      Now, I don't give a fuck what Apple policy is, and if I'm convinced you know what you're doing, I'll sell you the parts anyway. If it's a 661- (return dead part to Apple) part, you're going to pay a lot more to do it yourself, since I'm going to charge you stock price for the part. If you'd posted which model G4 and which fan, my reply would likely have a price for you.

      I do have to be convinced you know what you're doing, because I don't want you calling Apple when you break something.

      And I'm not a zit-faced dork. I've been working on Apple computers for over 15 years. The certification I have doesn't mean anything, but the experience does.

      I'm posting as anonymous because I just admitted I break Apple's rules.

    5. Re:Feature list by aliquis · · Score: 1

      I'd argue it's a huge difference of generic pos hardware in a huge case and a special designed pos hardware in a much smaller case. For most buyers, girls especially, if offered the mac mini vs the random case for a similair price or small price difference there would be no chance they would take the random case.

    6. Re:Feature list by nickos · · Score: 1

      I'm not a Mac fan at all (I bought a MacBook right after the switch to Intel, and am now back on Linux on a beige PC), but think this machine is quite interesting. Why? Because this machine (like the Mac) appears to be a cleaned up, legacy free version of the PC (no BIOS etc). Not only that, but it doesn't come from Apple, a company famed for it's love of proprietary lock in.

      I am quite interested in seeing how well Linux runs on these things...

    7. Re:Feature list by TheRaven64 · · Score: 2, Interesting
      I've had a few experiences with Apple 'support.' My PowerBook went in for some repairs to the screen. After six weeks and ten hours on the telephone (most of it on hold, on a 10p/minute number) during which time I was repeatedly lied to (told it had already been shipped back to me), they admitted that it had been lost sometime between UPS delivering it and it entering their repair system. The eventually sent me a replacement which was DOA. Two months after initially sending it in for repair, I had a new one, which had some minor faults, such as the second DIMM slot being defective and it only seeing half of my RAM, but which I kept for about a year before sending it back because I didn't trust them not to lose it.

      I have a Mac Mini in a colo centre in the US which had its hard disk fail just under a year after I bought it. The Apple Store refused to honour the warranty because it was not in their tracking system somehow. The colo company eventually replaced it at their own expense.

      My next experience was having the hinges repaired on the PowerBook. They decided to close their mail-in repair centre in the UK (violating their own AppleCare T&Cs) and require me to take it to an authorised repair centre. The nearest one of these was an hour's train ride away. Apple also refused to cover the cost of this (even though the hinges had been broken the last time I sent it in for repair) but the repair centre did.

      I was eventually contacted by an Apple Executive Relations person, who basically told me I must have imagined their piss-poor support because they did surveys which said everyone was very satisfied with them.

      --
      I am TheRaven on Soylent News
    8. Re:Feature list by ender- · · Score: 1

      So you download the service manual and find the part number... Plenty of places will sell you a replacement... No different than a lot of other manufacturers... And if they told you that they couldn't give you the cost over the phone then call somewhere else... Thanks for proving my point.
    9. Re:Feature list by Burning+Plastic · · Score: 1

      I don't see how this proves your point - they didn't want to tell you a part number because they hadn't seen the one it was replacing and they don't direct sell parts anyway...

      This isn't particularly surprising in general - I would think that if you're competent enough to open the machine and pull the fan, you could grab a service manual and identify the part yourself, or go to one of the parts suppliers (5 seconds on google pulled up a number of these complete with exploded diagrams of the machines) and they would happily help you sort this out.

      Just because Apple wouldn't give you the details directly doesn't make them any better or worse than any other manufacturer.

      --
      [All Your Fish Are Belong To Us]
    10. Re:Feature list by dhuff · · Score: 1

      Well, their "store" webpage has an Ubuntu Linux install as an OS option on the thing (for $0, 'natch). So I assume it runs fine. And why not ? In my experience, Ubuntu is compatible with a wide range of PC hardware.

    11. Re:Feature list by ender- · · Score: 1

      Then what is Apple charging so much for? That's my point. I'm not going to pay 3x as much for a computer just so the manufacturer can tell me to go fix it myself if there's a problem. I can get that from a cheap-ass Dell or eMachines system.

      What motivation would I have for suggesting my mother buy an Apple? She lives in the boonies. I haven't checked, but I'd be surprised if there's an authorized Apple service dealer in her area. If there's a problem, is Apple going to tell her to drive 5 hours to Dallas to have them look at it? Where's the value for that money there?

    12. Re:Feature list by Burning+Plastic · · Score: 1

      So you're objecting to a company saying that they want to see an out of warranty machine before they give details of a repair?

      Please don't fall back on the 3x as much argument - yes, Macs are premium computers, no, they don't cost much more than other premium brands competing for the same buyers. I don't want to get stuck in this argument because there are so many ways of arguing it and they have been rehashed across the net for years.

      If you haven't checked, then check - if that's a major concern to you (that someone would have to drive a long way to a service center) then don't use it as a point. If someone lives a long way from a service center then then item can be shipped to be repaired - this isn't as much of a hassle as it sounds... If a machine is in warranty then this shouldn't be a problem. It's only when it's out of warranty and you want to know the price of a potential repair prior to handing it over that your argument becomes valid.

      The motivation here is that you can set up the machine once and then she'll be set. As long as the machine is in warranty she can get repairs done for free... No different than any other machine. I tend to recommend Macs unless the person needs something specific that's Windows only, or is on a very tight budget in which case I generally recommend something second hand with linux...

      I'm not an OS snob - I just like to see less biased commentary (a rant against Apple due to one out of warranty incident seems a little biased to me).

      --
      [All Your Fish Are Belong To Us]
    13. Re:Feature list by korean.ian · · Score: 1

      My own anecdotal evidence with Apple is that I've had a G3 tower since 1998, which has worked fine since then.
      The MacBookPro that I'm typing this on got a CD stuck in the slot-loading drive. I tried to work it loose on my own without much success and since it was still under AppleCare, I took it in and got it back 3 days later. This is in South Korea no less, which is hardly an Apple friendly country (barring iPods which have gained some traction here in the last year or so).

      You hear horror stories from every hardware company, so how the parent got modded +3 interesting, I have no idea.

  21. Gonna Fire Up the Clones by CompMD · · Score: 1

    For the sake of nostalgia, I'm going to play with my Power Computing PowerCenter Pro 210 and Motorola Starmax 4000/160 tonight. Even though I have a 420MHz G3 CPU in the PowerCenter, I'm not brave enough to attempt to install OS X on it yet.

    1. Re:Gonna Fire Up the Clones by Anonymous Coward · · Score: 0

      Wow, that sounds like a heck of an evening. I'm actually going to spill a bunch of matches from a box and then count them one at a time as I put them back in the box with tweasers. Though, of course, that might all change if my friend "Crazy" Bob (we call him "Crazy" Bob because you _know_ he's so crazy!) is going to be emptying the dust traps on his dryer. Because then its lint ball time! Whoo hoo!

    2. Re:Gonna Fire Up the Clones by Dekortage · · Score: 1

      420mhz shouldn't be a problem. My wife's 400mhz PowerBook G3 (Pismo, I think -- bronze keyboard and Firewire) runs OS 10.4.11 very nicely. It ran 10.2.8 nicely before that, but honestly 10.4.11 runs even faster than 10.2.8. The system has 640mb RAM and a 60gb HD (partitioned -- on old systems, OS X will only install on a disk or partition of 8gb or less). We are seriously considering upgrading it only because the backlighting has dimmed too much, and it's not worth replacing the part.

      Until recently, I also had a 366mhz beige G3 minitower running 10.2.8 as a local file and print server. It had 512mb RAM, 80gb HD running off an ATA/66 PCI card, and sported three Firewire and three USB slots from a Firewire Depot card. Not the fastest thing ever, but it served its duty quite nicely.

      Still, these are Apple machines. Could be that your PowerCenter won't like it for some reason.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    3. Re:Gonna Fire Up the Clones by AtariKee · · Score: 1

      Tiger will install on the PowerCenter no problem. Just use XPostFacto. I use this to run Tiger on my two Wallstreet 300mhz Powerbooks. Runs great with enough memory.

      --
      "You're getting brutal, Sark. Brutal and needlessly sadistic."
      "Thank you, Master Control"
      -Sark and the MCP
    4. Re:Gonna Fire Up the Clones by CompMD · · Score: 1

      Thanks, I didn't know if a non-Apple PPC machine would run OSX, I'll have to give it a try!

    5. Re:Gonna Fire Up the Clones by Thumper_SVX · · Score: 1

      Definitely doable. I put OSX on a PowerCenter 120 with a 500Mhz G3 CPU. Unfortunately, it wasn't usable for much other than just to say I did it. I used XPostFacto... which is a requirement for these old PCI Mac Clones.

      The reason? Well, the 33Mhz frontsize bus had a lot to do with it. I had 1/2 Gig of RAM, but every time that fast G3 had to go across the bus to fetch from RAM, it was pitiful. Then add the SCSI drives (even though I later added a PCI IDE Bus to my machine) that were running SCSI 1, and I was not exactly smoking.

      Still, the machine was in use periodically up until 2005 when I finally gave in and bought a Macbook Pro. I had it dual-boot to OSX and upgraded to OSX 10.1, but 10.2 would never go because at the time XPostFacto's support for 10.2 was spotty at best.

      Still, as I said... go for it. It can't hurt and it's interesting to note that despite one hack required, hardware this old CAN still run OSX. Now whether or not it'll run Leopard... that's another matter :)

  22. $400 for a Mac by onkelonkel · · Score: 1, Funny

    Seems a little overpriced. /ducks

    --
    None of them can see the clouds; The polished wings don't care.
  23. Filling a chronic void in the Mac marketplace by Tumbleweed · · Score: 5, Informative

    Apple has for YEARS flat-out *refused* to build a Mac of this type - a normal headless box. They come out with the Mac Mini, which many said was the same thing, but it uses laptop memory and harddrives, which are more expensive per MB/GB, and the thing isn't even upgradable. The Mac Pro is a Xeon workstation, and uses memory to match, and starts at, what, $2k or so? C'mon!

    And here's what's really sad for Apple and their shareholders -- the profit margins at what Apple would likely price these things at would likely be much higher than those for iMacs and Mac Minis. Normal 3.5" HDs and regular DDR2 DIMMs are much less expensive than the laptop and workstation-class hardware.

    This is a gaping hole in their product lineup, and it's been there as long as I can remember. It's no wonder someone wants to fill that hole. It's just too bad that Apple is going to wipe them out of existence by the end of the week for doing what Apple should've done ten years ago.

    Of course, Apple knows all this. Selling machines with built-in displays and non-upgradable machines with limited storage is great for Apple's bottomline: it forces people to upgrade when non-replaceable parts break and non-upgradable machines are too slow to handle modern tasks. But it's also screwing the customer. Fortunately, Jobs' Reality Distortion Field overrides people's common sense (and lack of knowledge about computer hardware in general) so that they FEEL good about their purchase.

    1. Re:Filling a chronic void in the Mac marketplace by PapayaSF · · Score: 4, Insightful

      This is a gaping hole in their product lineup

      You're absolutely correct, and it's a huge opportunity for Apple. All they need is a cut-down Mac Pro, call it a Mac Pro Mini. One (not four) hard drive bays, one (not two) optical bays, two (not eight) RAM slots, one slot for a graphics, and maybe one other slot. They can't sell that for $999 and make a profit? Or sell it for $799 and use it to storm the gates of corporate America.

      One more comment, not mentioned so far: Psystar is doomed if for no other reason than that they are selling a computer with "Mac" in the name. Talk about painting a bull's eye on yourself for Apple's lawyers!

      --
      Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    2. Re:Filling a chronic void in the Mac marketplace by nuzak · · Score: 1

      Apple has for YEARS flat-out *refused* to build a Mac of this type - a normal headless box.

      Has Apple ever not sold towers since it started making them?

      They come out with the Mac Mini, which many said was the same thing, but it uses laptop memory and harddrives

      That's what makes it, um, mini?

      Seriously, it sounds like you don't want a Mac. And that is okay. Really. I don't have one either.

      --
      Done with slashdot, done with nerds, getting a life.
    3. Re:Filling a chronic void in the Mac marketplace by moosesocks · · Score: 1

      They come out with the Mac Mini, which many said was the same thing, but it uses laptop memory and harddrives, which are more expensive per MB/GB


      Actually, RAM prices have just about evened out to the point where the price difference is almost negligible.

      The primary difference is that desktop memory modules generally come in somewhat larger capacities, and desktops can have more slots than the typical 2 offered by a machine that takes SO-DIMMs (although you typically won't find this on low-cost machines).

      The hard drive comment still does apply, however. Small form factor hard drives are still pricey, small, and slow compared to their desktop counterparts. An E-SATA port on the Mac Mini would do a lot to resolve this complaint for "power users"

      That all said, the Mac Mini is not a mid-range workstation. It's meant to be a cheapie low-budget computer. Considering the price, features, and unique form factor, it serves that role decently well compared to competing machines.

      I somewhat doubt that Apple will introduce a "headless" machine that fits between the Mini and Pro, as such a machine would be extremely difficult to market to consumers, especially when the current generation iMac seems to be enjoying a fairly large degree of success.
      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    4. Re:Filling a chronic void in the Mac marketplace by iangoldby · · Score: 1

      Selling machines with built-in displays and non-upgradable machines with limited storage is great for Apple's bottomline: it forces people to upgrade when non-replaceable parts break and non-upgradable machines are too slow to handle modern tasks.
      But it is also well-known that Apple owners tend to upgrade their machines less often than Windows owners; the facts don't really support your argument.

      One could argue that Steve Jobs refuses to offer a 'normal headless box' precisely because a machine that you can tinker endlessly with is not what most Apple customers are after.
    5. Re:Filling a chronic void in the Mac marketplace by kris.montpetit · · Score: 1

      it forces people to upgrade when non-replaceable parts break and non-upgradable machines are too slow to handle modern tasks. But it's also screwing the customer.

      I see your point, but having worked at an apple store in recent history I have experienced the exact opposite: People keep their old macs FOREVER. Think 10 years or more at times. Since anything sporting 450mHz and at least 512 ram can comfortably run tiger (867 for leopard if i remember correctly) People with basic workstation needs (or just not a need for speediness)just dont upgrade. My current workplace has mac pros running next to at least 3 distinguishable generations of powermacs, all still pumping out pages for the Daily News every night.

      Very few parts are "irreplacable" as well it seems; If apple doesn't make it, one of the apple accessory companies does-and people spare no expense to keep their old macs running.. Trust me, its rarely an upgrade influence.

      I'm all for OSx86 and the idea of installing Mac OS on everything one can, but these guys marketing a computer as a modern mac clone is asking for trouble, and if I were apple, I'd squash them too. Why should apple let them piggyback on their support when customers start calling apple to support their mac clones? Its better that hax0ring OS X be left to the open source community and OSx86 where it belongs(after all OSX is really just FreeBSD with a really fancy, apple-made front end) Selling it to the unwashed masses as an alternative to "The windo vistas" Is asking for a legal headache, followed by a support migraine.

    6. Re:Filling a chronic void in the Mac marketplace by Tumbleweed · · Score: 1

      The problem is, you're basing these Mac user demographics on people who already own Macs. Many of us have been clamoring for years for the Mac that Apple doesn't make, and there are many people like me who simply won't buy an Apple unless they make one in the class/formfactor we want. There ARE other people out there than people who already own Macs, and not catering to them is simply stupid. A business shouldn't force products down someone's throat, but should instead offer what people want to buy.

      I guess that's just me being unreasonable and an 'Apple-basher'.

    7. Re:Filling a chronic void in the Mac marketplace by Anonymous Coward · · Score: 0

      I don't know about the new Mac Minis, but I don't think the original ones used laptop memory.

    8. Re:Filling a chronic void in the Mac marketplace by tepples · · Score: 1

      Very few parts are "irreplacable" as well it seems Isn't the GPU in everything but the Mac Pro one of these irreplaceable parts?
    9. Re:Filling a chronic void in the Mac marketplace by the_real_valaki · · Score: 1

      The chronic void you are refer to is the exact one that the several thousand PC makers are very happy to fill in. Apple customers don't want a headless dumb pc, they want a pc with all of the peripherals no geek would EVER put in a dumb desktop PC. Why is it that if some geek runs windows on a mac, the whole community screams wow and instantly donates some bandwidth , while if some geeks put a OS X on a pc, and start to make some $profit$ their site gets posted on /. and then slowly dies.... i wonder why..

    10. Re:Filling a chronic void in the Mac marketplace by kris.montpetit · · Score: 1

      The logic board would have to be replaced on most yes. But it is replaceable; people go out and find new logic boards to put in these things! thats my point

      Not that I'm defending apple on this matter, just pointing out real world experience

    11. Re:Filling a chronic void in the Mac marketplace by Dekortage · · Score: 2, Informative

      Psystar is doomed if for no other reason than that they are selling a computer with "Mac" in the name.

      Actually the computer is called "Open Computer". Maybe the name has changed since TFA was posted, but Psystar's web site currently calls it an Open Computer.

      --
      $nice = $webHosting + $domainNames + $sslCerts
    12. Re:Filling a chronic void in the Mac marketplace by moosesocks · · Score: 1

      Selling machines with built-in displays and non-upgradable machines with limited storage is great for Apple's bottomline: it forces people to upgrade when non-replaceable parts break and non-upgradable machines are too slow to handle modern tasks.


      How many non-techies do you know of who perform upgrades that entail more than adding extra RAM (which, I might add is dead simple to do on an iMac)?

      Upgrading storage can easily be done via external drives. It's not particularly *neat*, but this is quickly becoming the de-facto standard for less technical consumers regardless of whether they use a PC or a Mac. There are precious few devices that require a PCI slot or drive bay these days that don't have USB or Firewire equivalents.

      Thanks to the commoditization of PC hardware (mostly Dell's responsibility) along with the consolidation of virtually all system components onto the motherboard, very few people perform significant upgrades these days. Why replace the motherboard when you can purchase a whole new system for not too much more? Labor costs also make extensive upgrades prohibitive for business and education customers.

      CPU designs change so frequently that CPU replacement is rarely a cost-effective upgrade route, and I can't think of the last time I heard of a CPU being upgraded without swapping out the motherboard as well. (Coincidentally, the one exception I can think of is the Core Duo Mac Mini, which turned out to be compatible with Core 2 Chips)

      I'll grant that graphics are a sore point. Macs aren't gaming platforms, although I do appreciate that graphics hardware changes dramatically on a monthly basis, and that serious gamers should almost certainly stick to PCs. Perhaps when socketed GPUs or integrated CPU/GPUs come to the market, we'll see improvement in this area. This audience probably should stick to building their own PCs (and Apple's never said otherwise).

      LCD screens are commodity items these days. The iMac may be a bit pricey, although I don't particularly buy the argument that the screen is a major contributor to the cost. The iMac's single-unit design and small footprint are very often the primary selling point of the machine. For many users (who are fully aware of the drawbacks), it's still perfectly worth the loss of upgradability or reusability of the screen. LCD screens hardly ever fail these days, and the iMac's thick glass shell should keep it protected against accidental damage (schools love this).

      Jobs might not be the most technical person out there, but he's got an incredibly good feel for the market, and has proven to have an exceptionally good judgement to compromise between form and function. He also correctly determined that the market for a mid-range "upgradable" machine isn't all that big. There's no conspiracy here.

      Mind you, it's not all a bed of roses, and Apple could easily make a few concessions to the "hobbyist" crowd to win us back. Adding E-SATA, an extra memory slot, and some sort of internal expansion bus to the Mini and iMac would be much appreciated. Similarly, I'd very much like for them to stop using 2.5" hard drives in desktop machines... They're small, slow, and expensive.

      If you *do* crave expandability, and are comfortable building your own machine, there's absolutely nothing wrong with staying on the PC. There's also the Mac Pro, which, though expensive, is a damn good machine, and not terribly overpriced considering its specifications. I've still got a 450mhz G4 (from the 90s!) packed with RAM and storage, running a recent release of OS X in my basement. Top-end macs have always been a tad expensive, although for many, the investment is well worth it.

      The fanboys and RDF may be obnoxious, but I seriously doubt that there's any sort of conspiracy to force consumers to upgrade every few years that doesn't also exist within every other PC manufacturer on the planet.
      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    13. Re:Filling a chronic void in the Mac marketplace by tepples · · Score: 1

      The logic board would have to be replaced on most yes. But it is replaceable; people go out and find new logic boards to put in these things! thats my point But the consensus is that the GPU on even the new non-Pro models is insufficient for gaming.
    14. Re:Filling a chronic void in the Mac marketplace by kris.montpetit · · Score: 1

      other than WoW, in most cases yes..although buying a GPU for modern pc gaming will set you back just as much as the price difference it seems.

      and besides, pc gaming is ALREADY dead :P

    15. Re:Filling a chronic void in the Mac marketplace by dissy · · Score: 1

      Apple has for YEARS flat-out *refused* to build a Mac of this type - a normal headless box. Woah?

      Then may I present, the Apple Xserve

      1U rack mount headless box.
      3ghz 64-bit Quad-Core Intel Xeon, up to 32gb ram, pci express 2, dual gigabit ethernet.

      Oh, and fibre channel as an option, to go with the Xserve RAID which is a very nice, if not expensive, SAN in 3U, also headless obviously.

      Unless by 'a _normal_ headless box' you meant a boring generic beige case in the corner with no monitor...
      In which case, we call those the old G3's and G4's running OS X.
    16. Re:Filling a chronic void in the Mac marketplace by kris.montpetit · · Score: 3, Informative
      *scratches head about vanishing reply*

      Two points I'll make to you that you seem to have missed, one of which I addressed already:

      OSx86 project As I mentioned before, this is a harmless and free way to get mac OS without buying a mac. It works on almost anything. So if you dont want to buy a mac but want OS X, once again, here you go...

      I guess this is just me being an 'apple fanboy' (actually they regularly piss me off..) but realistically speaking, consumers LIKE apple's products! there's no force feeding involved! You can't really deny that.

    17. Re:Filling a chronic void in the Mac marketplace by Tumbleweed · · Score: 2, Insightful

      but realistically speaking, consumers LIKE apple's products! there's no force feeding involved! You can't really deny that.

      You're missing the point - consumers who like the limited range of products Apple makes like Apple products. Apple could expand their product line into a big gaping VOID that currently exists and make even MORE people happy, and do so with a very nice profit margin considering the hardware that would be used. There's a giant stream of money flowing past Cupertino, and all they have to do is reach out and scoop some of it up, but they refuse to do so.

    18. Re:Filling a chronic void in the Mac marketplace by Anonymous Coward · · Score: 0

      Can you please decide whether Apple's bottom line would benefit from this style of machines or not?
      In the second paragraph you say it hurts the shareholders that Apple doesn't produce these machines. In the fourth, you say that what they do now (not having these machines) is great for Apple's bottomline. Which one is it?

    19. Re:Filling a chronic void in the Mac marketplace by Tumbleweed · · Score: 1

      >> Apple has for YEARS flat-out *refused* to build a Mac of this type - a normal headless box.

      >Woah?

      > Then may I present, the Apple Xserve

      Being deliberately obtuse doesn't make you smart. FYI.

    20. Re:Filling a chronic void in the Mac marketplace by ceoyoyo · · Score: 1

      Apple doesn't charge a premium for their hardware. What they do is sell expensive hardware. 10% of a $1200 computer more than 10% of a $300 computer. But, the handling and overhead on a $1200 computer is pretty much the same as that of a $300 computer.

      If Apple sells a cheap gray box they'll have to charge cheap gray box prices for it. That means a slimmer profit per computer, which means a Dell business model. Someone did all this analysis once: Apple cherry picks the premium customers and lets Dell have the rest.

      As a shareholder I'm perfectly happy with that.

    21. Re:Filling a chronic void in the Mac marketplace by Tumbleweed · · Score: 1

      They only (generally) sell machines to the kind of people who want the kind of machines they sell. How they use those customers they currently have is great. They're missing out on other customers by not producing the machine that other (currently non-Apple) people want. They wouldn't have as good a lock on those customers as they do with the ones buying their current machines, but if they're afraid to compete, they shouldn't be in business.

      I happen to think they CAN bring their boutique style to a regular desktop machine.

      I also think they're missing a huge market opportunity by not making either the Mac Mini or the Apple TV with an eSATA port, so they can sell some nice _fast_ expansion for a change.

    22. Re:Filling a chronic void in the Mac marketplace by Tumbleweed · · Score: 1

      Apple doesn't HAVE to sell a cheap anything. If they made a standard headless desktop for $800, it would fill their product line nicely, and provide a much higher profit margin than on the Mac Mini.

    23. Re:Filling a chronic void in the Mac marketplace by Anonymous Coward · · Score: 0

      My father uses a G3 tower from 1999 every day. I have a first run G4 powerbook (2001) that would still be in prefect functioning condition had it not taken one too many falls (still runs fine, optical drive is shot and the backlight isn't steady anymore). My main computer is a 4 year old powermac G5. Ok, my dad doesn't do much besides web, email, word processing and some iphoto work, but the computer runs well on 10.3 (would've put 10.4 on it but didnt have access to a dvd drive). My G5 works excellently for all my needs. And these are not abnormal mac stories.

      The point of all this is that yeah, we shelled out more for our computers, but because we were getting quality products with real sustainability, which includes the hardware and the OS. If screwing the customer is selling them a product that will not require replacement for a long period of time, then sign me up. Not only does the hardware stand up, but every time I upgrade that G3 for my dad, the newer version of the OS runs faster than the older one. This is what you get with the mac experience, a solid os and a solid machine, but you gotta buy the whole thing, no questions asked. For what you get in return, I think it's a good deal, but not for everyone.

      (And I do feel that one of the bigger MS problems is that they cannot be certain about what hardware windows will be running on, without that issue, windows could be much better.)

    24. Re:Filling a chronic void in the Mac marketplace by gyrogeerloose · · Score: 1

      Yeah, they did. I have one of the first generations PPC G4 minis, it uses laptop memory and hard drive.

      --
      This ain't rocket surgery.
    25. Re:Filling a chronic void in the Mac marketplace by SoupIsGoodFood_42 · · Score: 1

      Last time I needed to upgrade my PC's CPU and RAM, I needed a new motherboard. They old one wouldn't run any of the new video cards, anyway, or anything new. By the time I want to upgrade something, I often want to upgrade other parts and it's just so much easier to buy an entire new computer and sell or keep the old one as a spare. RAM and HDD are the only upgradeable things I need in a computer. Everything else can get upgraded at once. In other words, some of us are fine with all-in-ones -- At least if they're made by Apple.

    26. Re:Filling a chronic void in the Mac marketplace by ceoyoyo · · Score: 1

      Well, if they wanted to sell it, then they would HAVE to price it reasonably. People complain about Apple hardware being expensive when it's usually priced slightly under the norm. People are just going to be lining up to buy a Mac that's actually overpriced, aren't they? That sounds like a real winner of a move for a computer company.

    27. Re:Filling a chronic void in the Mac marketplace by kris.montpetit · · Score: 2, Interesting

      There's a giant stream of money flowing past Cupertino, and all they have to do is reach out and scoop some of it up, but they refuse to do so. yes, and point taken. The reason they don't, however is an obvious and often commented upon brand move: Apple is the BMW of computers. Just like BMW doesn't make a Geo Metro, apple doesn't make a budget, upgradeable computer. they make a really cool budget computer (mini) and a really insane upgradeable computer (mac pro) and of course a really high end all in one desktop (iMac). But they don't make a run of the mill computer because they figure they are better off not 'stooping so low' as to make a standard, mediocre box. Think of what it would do to their reality distortion field!

      Which is why I'm OSX-86'ing my girlfriend's crappy computer that she got for free through an internet subscription, instead of buying a mac mini...I've come to accept apple is a snobby, high end company, and even if they did make this box, I can make my own for cheaper XD

    28. Re:Filling a chronic void in the Mac marketplace by Anonymous Coward · · Score: 0

      You ignore the fact that a macintosh will run the OS at acceptable speed for years and years.

      Also, it isn't much of an issue for the type of person that would open a normal PC to open and upgrade a mac, and this is after all what is the question here. It can be easier to swap processor on a mini than on a shuttle. I would say the upgrade cycle breaks more often on PCs in fact, what use is an AGP card and ddr1 mem if you want a current setup? And what about running Vista on five year old hardware?

      What the Apple model is great for is users; while the Apple hardware is far from perfect (not better built than average+ IMO), then most issues are much faster and easier resolved on a platform with 10 000 000 similar machines than on one with 100 000. It is also quite easy to reliably figure out if a certain model has issues before purchase. This advantage is certainly worth money to me, while perfect stability is good, I plan for disaster. Planning for disaster is far superior on mac by leaps and bounds. In addition to the resources on the top three hits in google, due to perfect incredibly stable cloning, with the clones from the very concept you attack being able to run on any other type of mac. Target disk mode on laptops also comes to mind.

      Up- or downgrading an XP or Vista workstation generally means you loose your installation, while on mac you can literally run your different installations on all your different rigs seamlessly.

      You need two macs though, you have to factor maybe 1 repair/machine/year and you will not get a lend machine. With one mac, this comes at quite some cost, clearly it is often similar on the PC end, save perhaps a lucky shot with Dell.

    29. Re:Filling a chronic void in the Mac marketplace by Anonymous Coward · · Score: 0

      "It's just too bad that Apple is going to wipe them out of existence by the end of the week for doing what Apple should've done ten years ago."

      Bummer for Psystar, they won't have an OS to run on their shiney new boxes then.

    30. Re:Filling a chronic void in the Mac marketplace by mollymoo · · Score: 1

      I think the problem with them selling that type of system is that it would be too easy to compare with the output of box-shifters you see in $computer_store. Nothing in Apple's consumer range looks anything like a typical WinTel box - the Mini is tiny and the iMacs are just a screen. They are obviously not the same thing as the midi-tower + monitor next to them in the store's display, so your average joe won't make a 1:1 comparison. If they sold a midi-tower box which looked pretty much like another one (big enough for optical drive bays and expansion slots) with directly comparable headline specs - (x86 processor, hard drive, RAM) they would lose heavily in that market to the cheapo crap that dominates high-street computer sales.

      I hope they manage to design their way out of that though. I'd like something with at least iMac-like specs, easily accessible RAM and two 3.5" hard drive bays. The 5 1/4 bay and PCI slots I could live without. I never thought I'd ever say that after years of building my own x86 boxes, but USB and Firewire are a damn sight faster than the external connections of old, which makes external peripherals a viable option. in all that time, the only thing I can think of that doesn't now come built in to machines that I've added is a TV capture card. It was always a pain to plug cameras etc. in to the back of the computer so having that at the end of a USB lead wouldn't be a bad thing at all.

      I use a Mini as my main desktop machine and I was worried abut the lack of expandability, but other than the slow hard drive and not-so-hot graphics it's just fine - I don't play games on PCs any more. Silence is very nice, as is space under the desk.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    31. Re:Filling a chronic void in the Mac marketplace by Anonymous Coward · · Score: 0

      I am so sick of people bitching about a lack of cheap Mac tower. First of all, iMac uses desktop RAM and a 3.5" hard drive (and its RAM can be upgraded easily). Second of all, here's a newsflash: most people don't upgrade their computer! Just because techies like us can do it doesn't mean that 99% of other people can or even want to try.

      Furthermore, it's questionable how much benefit being able to upgrade a computer gives you. I build my PCs, but the only thing I've upgraded over the years is the video card, because the motherboard usually becomes outdated quickly and you can forget about dropping in a faster CPU or RAM. An iMac is a much more elegant computer for *regular people*. If Apple isn't offering cheaper towers it's because they don't see enough of a market for them. I'm sure they know their target audience better than you or me. If you want a customizable Mac get the Pro. Yes it's expensive, but nobody's forcing you to buy it. Don't like it? Get a PC.

  24. Run it on any machine you want. by nurb432 · · Score: 0

    Not legally you wont.

    --
    ---- Booth was a patriot ----
    1. Re:Run it on any machine you want. by Anonymous Coward · · Score: 0

      Yes you will. Breaking a contract is not illegal. It is a tort, and it can result in being sued, but it's not illegal.

  25. King Steve by lastchance_000 · · Score: 1

    Steve just wants control so he can ensure that you get an 'insanely great' product. He's a benevolent dictator, you see.

  26. Fair Use by Pinckney · · Score: 1

    Installing OS X on arbitrary hardware may be fair use, just as reverse engineering for interoperability is fair use, regardless of a product's EULA. IANAL.

    1. Re:Fair Use by notamisfit · · Score: 2, Informative

      You're talking copyright law. EULA's are contracts and fall under contract law. Barring a few select exceptions (minors, contracts of adhesion, yadda yadda yadda), if you do something that constitutes accepting the contract, you're bound by it. And nothing personal, but could anyone discussing "fair use" on /. take a sec to learn what the term actually means? You know, section 107 of the Copyright Act and all?

      --
      Jesus is coming -- look busy!
  27. Psystar? by Fear+the+Clam · · Score: 1

    Seriously? Could they possibly sound more ghetto? Sure there isn't room for a "cyber" in there somewhere?

  28. PC_EFI is not new. by Anonymous Coward · · Score: 5, Informative

    PC_EFI is a bootloader that's been around in the OSx86 community for some time now. Version 8 allows for GPT partition booting and a host of other features, including the ability to wrap OS X's early graphical booting to a card with a VGA BIOS instead.

    These guys are just stealing work contributed to OSx86, throwing it on a standard PC, and trying to sell it. That's very shady, if you ask me.

    BTW: OS X 10.5 boots on *many* different motherboards and *many* different configurations, if the kernel and kernel extensions support it (SSE3, PCI-E, etc). PC_EFI is purely a bootloader that emulates some EFI things so a stock Macintosh kernel thinks it's booting on a Mac. It has nothing to do with the hardware, there's plenty of kernel extensions and drivers floating around that support quite a fair chunk of hardware.

    -DN

  29. Apple's hardware stands on its own by Anonymous Coward · · Score: 0
    Apple's hardware stands on its own as a good value. From here:

    The fastest Windows Vista notebook we've tested this year (through 10/25/07) is a Mac. Try that again: The fastest Windows Vista notebook we've tested this year--or for that matter, ever--is a Mac. Not a Dell, not a Toshiba, not even an Alienware. The $2419 (plus the price of a copy of Windows Vista, of course) MacBook Pro's PC WorldBench 6 Beta 2 score of 88 beats Gateway's E-265M by a single point, but the MacBook's score is far more impressive simply because Apple couldn't care less whether you run Windows.
    As can be seen from their quarterly reports, Apple's hardware business these days is mostly laptops, and their laptop offerings are far and away the best on the market, and competitively priced, too. Their OS getting pirated does not change that.
  30. RAM gouging by copponex · · Score: 1

    Mac Pros are overpriced, everyone knows. But Apple is seriously doing themselves harm on RAM pricing.

    To add 8GB on a Mac Pro Quad Core from Apple, it's $1500. From anyone else, it's $250. And people are making noise on how they're ready for the enterprise market? Please. It's getting to the point where Adobe could sell the software AND the computer if it were running on Linux for less money than a Mac Pro flush with RAM. Seems like dangerous territory to me.

    1. Re:RAM gouging by jedidiah · · Score: 1

      I dunno, $1500 for a $250 sounds very much like what an enterprise hardware vendor would pull.

      Not only would they pull that but the first thing out of their mouth when you call
      support will be "do you have any 3rd party memory". Then they will just blame your
      problem (whatever it is) on the 3rd party memory.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  31. I predict an non-insightful post by Reality+Master+201 · · Score: 1, Troll

    Getting modded as insightful for making the point that Apple is acting like Microsoft. The post will be non-insightful because it will completely ignore the fact that Microsoft is a convicted monopolist.

    Let me repeat that: the situations are different because Microsoft is a convicted monopolist.

    Let me phrase it another way, in deference to your apparent inability to understand the implications of that fact:

    Apple ISN'T under government restrictions because of past CRIMINAL behavior. Microsoft IS.

    1. Re:I predict an non-insightful post by amliebsch · · Score: 1

      No. You would be correct, maybe, if we were discussing the legality of Apple's practices. But what were talking about is the rightness of those practices. That Apple is not a monopoly does not automatically make any behavior of their okay! Yes, it's probably legal. But it's still WRONG, and if you are going to complain about the morality of what Microsoft did when they were not yet a "convicted monopolist,"(P.S., it was a civil case, not a criminal one, no matter how many times you put "CRIMINAL" in all caps) then you ought to hold other entities to the same standard when they are not yet monopolists as well.

      --
      If you don't know where you are going, you will wind up somewhere else.
    2. Re:I predict an non-insightful post by notamisfit · · Score: 1

      That's the problem with antitrust laws; they're little more than a redistrbutionist policy hidden under a few horror stories from the Standard Oil days and a hidebound, rationalistic view of competition that ignores how markets actually work in favor of how Economics 101 says they're supposed to. Since the ultimate goal is to punish businessmen for being wealthy and successful, all "standards" are effectively written in warm Jello. Microsoft made the mistake of being slightly less stupid than most of their competitors and got nailed to a fucking tree for it.

      --
      Jesus is coming -- look busy!
    3. Re:I predict an non-insightful post by stocke2 · · Score: 1

      maybe you should actually take an economics course. The reason we have anti-trust laws is because the government has already interfered in the market with such things as copyright/patents/trademarks etc.. if there was a real free market anti-trust would not be necessary it is there to protect consumers because of the barriers to competition that the government has already put into place.

      --
      A Smith & Wesson beats four aces -- Murphy's Law of Poker
  32. It's About Time... by Nom+du+Keyboard · · Score: 2, Insightful
    It's about time the legality of some of Apple's claims and actions are tested in the legal system. Apple gets away with a lot, some of which is questionable?

    (I.e. once you sell an operating system, are you really allowed to restrict it to your hardware? Ford can't restrict their cars to only running on Ford gas, and only being repaired with Genuine Ford Parts, for example.)

    Could Apple legally say that no other O/S than OS-X is allowed to be run on their computers - just to ensure that you have to buy the O/S from them?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:It's About Time... by pressman · · Score: 2, Insightful

      Gasoline is fuel for the engine of a car. Electricity is the fuel for the computer and I believe any old wall socket will do.

      Apple uses industry standard hard drives and RAM. Granted, replacing the HD in some models can be tricky, but it's doable. You don't need Apple branded parts to replace failed ones.

      Your analogy fails. Sad considering it was a car analogy and you compared Apple to Ford.

      --
      Pooty tweet
    2. Re:It's About Time... by xRelisH · · Score: 1

      Ford can't restrict their cars to only running on Ford gas, and only being repaired with Genuine Ford Parts, for example

      Oh dear... another car analogy. Let me give you a more correct one. Assuming cars had upgradeable engines for a moment, this is like ford designing engines specifically for their cars and selling them with very low (or zero and below) margins. In order to maintain profitability, they rely on subsidizing R&D costs for the engines using the sale of their fully-built cars.

    3. Re:It's About Time... by NiteWolf99 · · Score: 1

      "Ford can't restrict their cars to only running on Ford gas, and only being repaired with Genuine Ford Parts, for example." Yes they can to a point when it come to parts. If you want to void your warranty you can use any parts you want but if you want to keep your warranty you have to use Ford genuine parts. As for fuel they can't tell you can only use ford fuel but they can say you have to use at least this grade of fuel or your warranty will be void.

    4. Re:It's About Time... by Kielistic · · Score: 1

      If someone buys a Ford dash, which is used as the user interface of the vehicle's parts, and can get it to work in a Dodge. Ford cannot stop anyone from doing this, as it would be ludicrous for them to be able to. So why should Apple be able to stop people from performing the trivial task of making OSX run on a PC without the Apple-bit?

    5. Re:It's About Time... by pressman · · Score: 0, Flamebait

      Don't buy it. If all you want to do is something cosmetic like switch out the dashboard... buy something where you can easily do that. Vote with your dollars.

      There are lots of hobbyists out there who already have OS X running on stock machinery. Go talk to them if you want to do it.

      If you're not prepared to get your hands dirty, you can use an off-the-shelf Mac like the rest of us do. If you can't afford it, get something else. It's as simple as that.

      Apple doesn't OWE you OS X on clones. They're a business with a brand and a user experience they want to maintain and until someone convicts them of being an abusive monopoly, they can protect their OS and user experience any way that is legal.

      Not allowing other manufacturers to ship OS X boxen isn't illegal. Deal with it.

      --
      Pooty tweet
    6. Re:It's About Time... by Kielistic · · Score: 1

      Switching a dashboard is not just cosmetic. It has to be hooked into a lot of different components and has to be able to communicate with them. You might as well say a computer's OS is only cosmetic with your attitude.
      When people buy this computer they are voting with their dollars smart guy. They'll pay for a computer that does what it does but not for a computer that Apple tells them they need. If we're still comparing this to cars there are many companies that make their money selling pre-modified cars. Not exactly comparable here but they buy stock from company A modify it with parts from car from company B and sell it. Saleen being a popular example.

      Stopping other manufacturers from shipping OSX boxes is probably not legal (I'll leave this up to the courts I suppose), and definitely shouldn't be legal. Deal with it.

      Why so many people are so eager to let some asshole tell them they don't own what they buy after it's been paid for really boggles my mind.

    7. Re:It's About Time... by pressman · · Score: 1

      You want OS X on a non-Apple box. Other than hobbyists doing this, such an option does not exist. The short answer to this is... tough! If you're not willing to pay the Apple Tax, don't. It's as simple as that. Cloning almost killed Apple in the 90's. It's a calculated (and perfectly legal) business move that has reversed Apple's fortunes.

      You're simply whining that you can't get what you want at the price that you think is reasonable when millions of other people are perfectly happy and willing to pay the price put before them for the goods offered.

      Apple is a closed source shop. Deal with it. If they are legislated to make their OS work on other boxen when it doesn't fit their business model and could possibly threaten their survival... that is government out of control.

      Show me proof that Apple is acting illegally by stating that their OS should run on their boxes. They won't prosecute you for putting on your own homemade box, but they are fully entitles to stick it to someone who is reselling their merchandise without an OEM license on unauthorized hardware.

      You may not like it and that's fine, but it's how things are and Apple is not acting illegally. You must now deal with it and stop whining that you can't afford the hardware.

      --
      Pooty tweet
    8. Re:It's About Time... by Kielistic · · Score: 1

      I never said I wanted OSX and I don't. I've used it and thought it was lousy.
      As has been stated several times in this thread they stopped the cloning before because parts of the OS were hard-coded into ROMs. OSX is purely software, and completely compatible with a standard PC.

      If all that is holding up Apple's business model are shakey legal grounds then I think they need to take another look at their business model.

      Many people have posted about the legal value of EULAs, I'm not going to just reiterate what's already been said better than I can say it. Perhaps they legally hold ground but *I* feel they shouldn't as in cases like this they are breaking what should be user's rights.

      I am not really saying that Apple is acting illegally just that some of their stipulations are empty.

      I feel the need to say again that I don't want any Apple product. I feel that they are all too locked down to be worth their weight. But I do dislike the precedent they are being allowed to set.

      Your personal attacks really are quite uncalled for. There's no whining here from me. And I'm certainly not jealous of anyone because I can't "afford the hardware". I'll go with the better choices, thanks.

    9. Re:It's About Time... by pressman · · Score: 1

      You are entitled to your opinions and if you think I'm attacking you, well, this is mild by /. standards, so you might want to tone down your rhetoric a bit.

      Essentially you are calling for legislation that would criminalize how Apple currently decides to distribute their software. If Apple says "We only want our software running on our boxes", that's perfectly legal and they are WELL WITHIN THEIR RIGHTS to do so.

      Whether or not you agree is quite a different matter. Whether or not it's a smart business decision will be determined by the consumer, but in a market economy, a product like OS X can and should be distributed in the manner in which the company producing it sees fit. The market will decide if it's the right course of action, not the courts or legislature. You are attributing consumer rights to this issue as if it were something laid out in the Constitution, which it plainly isn't. Apple is not violating anyone's Constitutional rights by distributing their OS in this manner.

      (Don't compare this to the RIAA's shady tactics as that is a wholly different market with wholly different products. OS's and CD's/music files are different beasts altogether. If you claim that OS's and music are consumed in the same fashion, you are simply deluded by ideology.)

      Until they achieve monopoly power and begin abusing that power to prevent competition can legal or legislative action be taken against them. Until then, the market decides.

      Your claims of illegality are quite unfounded and really just opinion. It goes against the grains of your belief and that's fine. You vote with your wallet and go elsewhere. Fine. Great. That's what this economy is supposed to be about.

      As a long time Mac user, I have NO PROBLEM getting a copy of the OS with my new computer purchase and paying for an upgrade to install on that machine (and any others I have) when it comes out. I am fine with how it has worked and I vote in Apple's favor with my wallet. That is MY OPINION AND CHOICE.

      You can't convince me that I am fostering illegal business practices by following their business model as it is right now. I buy a Mac because it fits my needs as a home and professional user and the license does not restrict me in any manner whatsoever.

      Apple should sink or swim based upon the merits of their offerings. Right now they're doing alright and the customers and shareholders are happy. If this turns out to not be a wise course of action, the market will let them know and they will either adapt or die.

      --
      Pooty tweet
    10. Re:It's About Time... by 99BottlesOfBeerInMyF · · Score: 1

      It's about time the legality of some of Apple's claims and actions are tested in the legal system. Apple gets away with a lot, some of which is questionable?

      Not particularly. Some of the way they restrict things is questionable (closed box EULA) but aside from that, not really.

      I.e. once you sell an operating system, are you really allowed to restrict it to your hardware?

      Once you sell an OS, you can restrict people from making copies of it onto anything, assuming you have copyright on that OS.

      Ford can't restrict their cars to only running on Ford gas, and only being repaired with Genuine Ford Parts, for example.)

      Nope, but they can restrict you from making copies of the car and selling them, because they have patents on some of it and trademarks on the logos on it.

      Could Apple legally say that no other O/S than OS-X is allowed to be run on their computers - just to ensure that you have to buy the O/S from them?

      First, it's OS as in Operating System, not O/S as in Operating/System. Second, no, they can't because copyright does not apply to a computer. They can keep you from making a copy of it and selling it though, because of the same as above.

      Basically, you're failing to understand copyright. The law says you can't make a copy of anything, like copying it onto a hard disk, or even into RAM according to some. The only thing that legally allows you to make a copy is if you get a license from Apple to do that. Apple provides such a license, but you have to agree to abide by the restrictions to gain that right, just as you have to agree to the GPL license to make copies of Linux (which requires you distribute the source code to any changes you make and distribute).

      The questionable part of Apple's action is making you buy a copy before you get a chance to read the license, which is questionably legal. In the worst case, they just change that and are in the clear. You have congress to thank for making noncommercial copyright infringement a crime in 1976.

    11. Re:It's About Time... by Kielistic · · Score: 1

      I never mentioned anything about the RIAA. I didn't even hint at it. The only way I can even guess you pulled the RIAA out here is if you believe "business model" only applies to RIAA. And I said "shakey"(I guess what I meant was "shaky" which really doesn't look right to me from a phonetic stand point which is where the spelling error came from) as in "not quite solid", not "shady". And I think that given the size of the argument over it here it is in fact "not quite solid".

      I also never said Apple could not say "We only want our software running on our boxes". I merely said they can't really enforce it. That may seem pedantic to you, but they have distinct meaning to me. "That's what this economy is supposed to be about." You mean like buying something from company A and something else from company B, putting it together and selling it for cheaper than company A sells the same basic product for? I know you're opinion is that a software license is different from actually purchasing something. But I've seen many "not lawyers" and probably even some real lawyers make some pretty compelling arguments about why they are the same. Or at least that their EULA is non-enforceable.

      You say "Apple is not violating anyone's Constitutional rights by distributing their OS in this manner." and I say no one is violating Apple's rights by installing their software on a non Apple branded machine even if they do want to sell it afterwards. If Apple wants to build quality machines cheaply by using standard parts then they're going to have to deal with the consequences of that.

      I am not vilifying Apple here(this time). I'm simply saying that they're probably just spewing out a lot of hot air. This is the market telling Apple that it's not doing something right. That people want a cheaper solution and they're willing to buy it form a competitor if Apple won't produce. If no one wants a cheaper solution or only wants to buy from Apple then this will go away. Free market in motion.

    12. Re:It's About Time... by pressman · · Score: 1

      Well, the difference between Apple and the RIAA is that the RIAA is a consortium of companies with a nearly publicly stated goal of price fixing, which is illegal. That's why I brought it up and called it "shady". I think it's "shady" business practice.

      I'm all for people going nuts and getting OS X to work on commodity boxes. It's part of what keeps Apple on their toes. Now, reselling it, that's what I'm really on about. Go ahead and tinker and hack and make it work on the commodity stuff. I think that's actually a very valuable thing to be doing.

      However, reselling it without a license to do so is crossing the line. I don't believe that the license for OS X is transferable via hacked hardware/software.

      So, I'm totally in agreement with you that you should be able to go and tinker with OS X as you see fit, just don't go out and make a company that resells that product. Or do and face the totally justifiable wrath of Apple's legal department.

      If they start going after hobbyists, then I'll have a problem as it's a non-commercial endeavor and not hurting anyone or anyone's ability to generate revenue.

      Actually, Apple is selling more computers (laptop and desktop) now than ever. Their stock is climbing again and they are recording record profits quarter after quarter. This "clone" company is just out to make a quick buck and get some publicity in the process. They had to know from the get-go that they would get nailed for this. Remember all the iMac wannabe's in 1999-2001?

      So to clarify my position... which I think is actually in accordance with yours to a degree....

      People should feel free to try and make OS X work on non Apple boxes without fear of reprisal as long as they don't resell it commercially. I even believe they should be able to publish their findings under the right of free speech. Then if Apple has a problem with that, a court will have to decide as then it truly does become a legal matter of free speech vs. the IP rights of the corporation.

      --
      Pooty tweet
    13. Re:It's About Time... by pressman · · Score: 1

      Well, Windows does run on Intel Macs.

      I think the reason I got off on my tangent was that, as a business, Apple should have the right to sell their ware as they intend it to be experienced. Want OS X? Fully supported under a contract with Apple? Buy a Mac.

      Want OS X? Don't care about support under a contract with Apple? Enjoy tinkering around with computers? The challenge of the hardware and software engineering to get OS X on commodity hardware intrigues you? Buy something else, a copy of OS X and go to town. Just don't expect us to help you. And please don't sell it commercially as that really angers us as it could possibly eat into our profits and we would have to defend ourselves via legal action.

      If someone bought copies of Windows and then started reselling them in bulk, they'd be in a heap of trouble because they don't have an agreement with Microsoft to to resell Windows even though it runs on commodity hardware.

      That's what OEM and retail licenses/agreements are all about.

      --
      Pooty tweet
    14. Re:It's About Time... by Kielistic · · Score: 1

      I still think they should be able to sell it. Although I imagine that there are some legal issues involved with that. Getting bulk amounts of the software if this got enough demand might be difficult without signing a contract with Apple that specifically stated they couldn't resell it bundled with a computer (I'm not exactly sold on the legality of such a clause though). But if this company can obtain the copies of OSX that they are bundling legally and without signing a contract I don't think there should be anything Apple could do.

  33. "includes a retail copy of Leopard..." by Theatetus · · Score: 3, Funny

    If TFA is right, the $399 includes Leopard.

    And, as I keep pointing out whenever I hear this "bundling is great when Apple does it" argument: the whole point is I don't want half of the crap that a mac makes me pay for, anyways.

    --
    All's true that is mistrusted
    1. Re:"includes a retail copy of Leopard..." by goombah99 · · Score: 5, Insightful

      If TFA is right, the $399 includes Leopard.

      TFA is wrong. they sell it as a $150 install add on, or you can do it yourself for $125.

      And, as I keep pointing out whenever I hear this "bundling is great when Apple does it" argument: the whole point is I don't want half of the crap that a mac makes me pay for, anyways.

      Well this comes down to philosophy. On most mac's i've owned there's been some feature I did not use. e.g. PC card, or a scsi port or bluetooth. that's true.

      But what I have noticed is too things. First, developers can target more fully featured software because they can assume high level features will be installed. For example, who can foreget the old nightmare days if configuring soundcards or interupts on PCs and the difficulty of finding software that worked with your card. Macs all had (somewhat) high end sound cards from very early days and the driver's for them in the OS distro. So developers could assume they existed.

      As a result even though I might not actually need some cheerful toon in some piece of software I bought, the developer just threw it in because they could have no fear it would work.

      As a result, I actually tend to use the extras mac includes more often simply because software I buy happens for one purpose takes advantage of them.

      The other thing I notice is that while I might not have used firewire on the first mac I bought I definitely started using it on later macs. And bought firewire disks. But then I noticed that my new hardware was backwards compatible with my old macs.

      nice... this meant my macs had longer service lifetime because I was not going and trying to find comaptiblilty extensions and drivers. the old macs had them.

      In the long run, specing at the high end and getting bundles that are quite cheap for what they include, seems to pay off even if you don't use all the features right away.

      the only place where ala-carte specing seems to really pay off is on racks of servers or fleets of comuters (for say an office). There dropping something you know you won't need can save a few dollars.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    2. Re:"includes a retail copy of Leopard..." by Anonymous Coward · · Score: 0

      the only place where ala-carte specing seems to really pay off is on racks of servers or fleets of comuters (for say an office). There dropping something you know you won't need can save a few dollars. Or, say, you just want one feature of a Mac Pro (video card, for example), and don't want to pay the $500+ upgrade.

      You could probably simplify it by saying that in the majority of cases, a la carte is what people want. That's why Mac is still niche, specifically.
    3. Re:"includes a retail copy of Leopard..." by aliquis · · Score: 1

      According to my pirate reasoning that doesn't matter since it doesn't cost more for Apple to put the software on more machines, so it makes no sense to remove it/not give it to you. You will still be paying for it thought, but it's probably not many dollars. I guess bundling is like pirating, only in reverse. Instead of limiting the information flow and have people "stealing" the product and make less money of it you have unlimited information flow but everyone have to pay and you make more money ;D

      Anyway, do I use garageband, iDVD or iPhoto? No. I'd probably use iPhoto if I couldn't pirate better apps thought ;D

      iTunes and iMovie I actually use.

    4. Re:"includes a retail copy of Leopard..." by toddestan · · Score: 1

      nice... this meant my macs had longer service lifetime because I was not going and trying to find comaptiblilty extensions and drivers. the old macs had them.

      On the other hand, Macs need to be this well equipped from the factory, as there really isn't a way to upgrade it otherwise. Got an old Mac and you want to add Firewire, or USB2, or whatever? Throw it in the trash and buy a new one. With a PC, I just add a $20 card and enjoy the expanded functionality. To me, PCs have a longer service life, though in practice the high replacement costs of a Mac means that people try to squeeze all they can out of an old machine before buying a replacement.

    5. Re:"includes a retail copy of Leopard..." by Anonymous Coward · · Score: 0

      Except it's not. Dell is moving away from the ala cart business. HP's customization options are about as limited as Apple's, though they admittedly have more base models.

    6. Re:"includes a retail copy of Leopard..." by MessedRocker · · Score: 1

      Blasphemy! I love how I had to pay for an iCalendar! It's not like I had a calendar already!

    7. Re:"includes a retail copy of Leopard..." by drerwk · · Score: 1

      I added a USB/Firewire card to my pre-USB/Firewire Beige G3 with no problem. I think it would not boot from the firewire (does your PC?) but otherwise I saw no difference. Macs have been PCI for 10 years I think. I've been getting 5 to 7 years on my macs since my 1990 IIci. I'm left wanting to upgrade now because I'd like an Intel multicore box, and I have a feeling that 10.6 will not support PPC.

    8. Re:"includes a retail copy of Leopard..." by geekoid · · Score: 1

      Do you think if they took it out you would pay less?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:"includes a retail copy of Leopard..." by Mattsson · · Score: 1

      This depends. When I use OSX, I tend to remove stuff I don't use or need, just like I would do in any other OS.
      So developers can not depend on me having useless stuff installed, even on OSX.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    10. Re:"includes a retail copy of Leopard..." by NicholFD · · Score: 1

      The only "Retail copy of Leopard" is an UPGRADE for existing owners of previous versions of OS X. $399 does NOT include Leopard installed. It's an additional $155 (they raised the price by $5, since yesterday), and it's a hacked version. Psystar even recommends you NOT install updates, until they "test & approve" them. This is because some low level updates (kernel, KEXT's, etc.) will likely render the Psystar installed Leopard unbootable. You also have to add Firewire, for $50. That brings the total to $604. That makes it MORE expensive than a Mac mini, and DOES NOT include iLife '08, Bluetooth or 802.11n Wifi. Sounds like a BARGAIN! ;^)

  34. mac fanboys by Anonymous Coward · · Score: 0

    I'd like to see some of those mac fanboys try and defend this whilst staying fashionable

  35. Reminds me of music sharing... by lastchance_000 · · Score: 1

    My first Mac experience was on an Atari ST, running the Spectre 128 Mac emulator. Had to come up with the OS on my own (not too hard - Apple let you download less than current versions) and the ROMs from a real Mac. Got those from a private party. The end result? Apple has gotten a LOT of my money over the years. I wouldn't call that a bad thing (for Steve).

  36. site is back up by Anonymous Coward · · Score: 0

    It looks like the site is back up.

  37. Re:No wonder Apple wants to stop PsystarDON'T UNDE by Nom+du+Keyboard · · Score: 1, Insightful

    I'm sure it's gonna take Apple seconds to upgrade their OS so that it refuses to work on these things.

    You obviously don't understand what's involved in releasing an update to an operating system. For starters, they're not going to recall existing copies off of the shelves. They might try to kill it through Apple Update, and then tell the purchaser that it's not their fault that their operating system doesn't run on approved hardware any longer. They might not have a quick fix at all that doesn't break too much existing gear.

    Of course that's outright TERRIBLE PR for Apple themselves since if any of these people had intended to buy Apple branded hardware they would have done so in the first place.

    More likely they'll try to kill it through the courts, or make the Leopard successor attempt to detect Apple Genuine Advantage Hardware properly.

    All this does is prove how overpriced Apple gear really is.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  38. Upgrade? by Anonymous Coward · · Score: 0

    I'm sure it's gonna take Apple seconds to downgrade their OS so that it refuses to work on these things. There, I fixed that for you.
  39. As a Mac User, and a Realist... by oahazmatt · · Score: 2, Insightful

    As a Mac User, and a Realist, I feel a sudden urge to express my opinions bluntly, without remorse, smuggly and wearing a turtleneck, yet my opinions are not irrational, bolsterous claims. And the turtleneck? Machine washable.

    Apple likes to control the hardware, that's no secret. In fact, I believe if Microsoft only had to design an OS for two or three active production models at any given time, Windows might be far more reliable than I find it to be.

    Apple also likes to control the software. As does Microsoft. Both companies are, understandably, against the piracy of their operating systems. It's Microsoft's bread-and-butter, and the main feature pushing Apple's hardware.

    Apple is reaching a very crucial stage, where the demand for their product is extending outside of their intended production area. They want to sell both the hardware and the software, and this $399 OpenMac would be an incredible loss in sales.

    It could also be a loss in integrity. OS X has not been evaluated on the OpenMac's configuration by anyone within Apple (that we know of) and therefore the stability of the operating system may not be what is expected of OS X on the Apple-branded hardware.

    And if OS X isn't as reliable on the OpenMac as it is on an Apple-branded system, where will the fingers point? I doubt very much they'll point at the OpenMac team.

    The blame may very well be put on Apple. "You can't make your software work on every computer! You won't let me install it whever I want! You don't let me use any piece of hardware I want!"

    Apple has never claimed the above hypothetical comments, and for some reason, that's all I ever see expected of the operating system.

    Apple's response may be to act against the OpenMac team as quickly as possible (as it may have already) and sweep this under the rug. Apple can also point to the EULA and say "Not authorized".

    Or, Apple could say "Install at your own risk" and simply not offer any support for the operating system when installed on a non-approved PC. However, I feel that would be the worst possible decision, as the tech-world media would not only have a field day with that news, but the judge handling the inevitable class-action lawsuit as well.

    Apple is trying to provide as solid a product as possible. They limit themselves to specific hardware models, and it is expensive. These prices are hidden before purchase, they're readily available. I weighed my options and used several PCs before I could finally afford my first iBook.

    When I went shopping for a new car, I wanted the BMW Z3 that was sitting on the lot. I found the monthly payments to be outrageously expensive, and settled on a Mercury Sable. I didn't complain to BMW that they should make their car more affordable to everyone, or that they should allow just any other manufacturer produce the exact same car without asking for BMW seal of approval. I bit the bullet and took the cheaper option, which provided me the exact same functionality, without the pleasing but unnecessary asthetics.

    If Apple branches out onto additional hardware, honestly that's all the operating system will boil down to: asthetics. The stability is in the hardware restrictions and the lack of options for expansion. And the stability is implied through the sale of a new PowerMac just as much as through the retail sale of a boxed-edition of Leopard. And if OS X doesn't live up to the hype on any other PC, it's Apple that will receive the backlash, not anyone else.

    I'm sure an argument could spawn for years, back and forth about why Apple's business practices and the OS X EULA are hypocritical, unethical and flat-out wrong, but what's the point in arguing that?

    My only question is this: if someone is so dissatisfied with the way a product is packaged why would they want to buy it and support that company at all?

    --
    Those who believe the Internet is private,
    find their privates are on the Internet.
    1. Re:As a Mac User, and a Realist... by WebmasterNeal · · Score: 1

      Nice post. In a way it sort of puts Apple in the same hole as Microsoft, meaning that they have to ensure their software works on 1000's of different configurations. That is one of the reasons Macs are stable is because the code base is small and only needs to support a narrow range of hardware.

      --
      "During My Service In The United States Congress, I Took The Initiative In Creating The Internet." -Al Gore
    2. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      You're a faggot.

    3. Re:As a Mac User, and a Realist... by evilviper · · Score: 3, Insightful

      In fact, I believe if Microsoft only had to design an OS for two or three active production models at any given time, Windows might be far more reliable than I find it to be.

      This is pure, unadulterated, urban legend. A hold over from the days when Microsoft would blame the hardware manufacturers for all their software bugs.

      You'll note there are innumerable operating systems out there which are stable as a rock, and yet support a vast range of hardware. Linux/BSD are the first to come to mind, but there are others (Solaris, BeOS, et al.)

      No matter what kind of hardware you have, 2+2=4 (Intel CPU bugs aside). Crashes should not happen. Period. Diversity does not contribute to this in the slightest.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:As a Mac User, and a Realist... by frank_adrian314159 · · Score: 1
      A hold over from the days when Microsoft would blame the hardware manufacturers for all their software bugs.

      I must have missed the memo saying that those days actually ended. Every post I see these days detailing crashes peope have on Windows seems to have the fanbois bitching about "bad drivers" written by the hardware manufacturers.

      --
      That is all.
    5. Re:As a Mac User, and a Realist... by Torodung · · Score: 1

      You sound like a die-hard Mac guy, so let me tell you, the PC market went through this phase. For a long while, what was listed on a PC was a percentage of how much it was IBM-PC, and then MS-DOS, compatible.

      Machines with a low percentage didn't tend to do well, though I never really understood where the figure was coming from in the first place.

      If the generic machine sucks, and Apple's PR crew remains at its current legendary level, the blame will be clearly attributed to the fact that the hardware sucks. Plain and simple.

      The only threat to Apple here is if the hardware doesn't suck, and they can no longer justify charging monopolist prices on the "genuine" Apples. As a Mac user, you should welcome this.

      As a PC user, I've been through this in the 80's, as Microsoft wrested control of the "PC" platform from IBM. Once that was done, we didn't have to worry about 85% MS-DOS compatible clones any more. Windows just hobbled along regardless of what hardware you threw at it. XP was pretty damn good at catching a variety of platforms, in fact.

      So while it may seem strange to a Mac monoculturalist, I think this development is a good thing, and might put Mac technologies, based on Free BSD if I'm not mistaken, within my reach, which is a far better choice than Linux kludges built on a sprawling PC infrastructure, with hardware vendors attached at the hip to Microsoft and therefore shorting Linux decent drivers (ATi, I'm looking at you).

      I'll leave the rest to the BSD vs. Linux crowd. They may want to weigh in here. I like this. I like this a lot.

      --
      Toro

    6. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      This is pure, unadulterated, urban legend. A hold over from the days when Microsoft would blame the hardware manufacturers for all their software bugs. Every BSOD I've ever had has been the result of:

      A) Bad hardware or drivers

      I've even had a BSOD recently. My latest build. Nvidia motherboard with a fancy dual-gigabit integrated ethernet. I installed the known-to-be-buggy Forceware Network Access Manager driver. It's not needed, but it was part of the driver bundle, so I installed it. Blue-screened at random times. Conflicts with Azureus and at least one other program I came across. Their FAQs specifically tell you to uninstall it. And Nvidia's drivers are actually pretty good compared to some of the random third-party Japanese manufacturers (TSSI, I'm looking at you) whose software is barely even in English and isn't supported for more than a few months after purchase.

      or
      B) My own mistake


      For example, I've attempted moving system partitions around with Partition Magic, and left my system unbootable. My bad. Your average user wouldn't do that. But when Windows can't find its boot loader files, there's really no option other than for it to blue-screen.

      So that's operating system instability. Drivers and goof-ups. You can also probably mess Windows up pretty bad with viruses and malware. But I wouldn't know about that firsthand, sorry.

      You'll note there are innumerable operating systems out there which are stable as a rock, and yet support a vast range of hardware. Linux/BSD are the first to come to mind, but there are others (Solaris, BeOS, et al.) Might have something to do with the fact that the drivers are generally part of GNU/Linux. They are open source. They get lots of bug fixes. They are maintained well after the hardware support is no longer profitable for the hardware manufacturer.
    7. Re:As a Mac User, and a Realist... by tfiedler · · Score: 1

      Sort of off topic but hang with me for a minute...

      I HIGHLY doubt you went shopping for a Z3 and bought a Sable instead... that seems a poor analogy and it definately doesn't justify your Mac fetish. Perhaps a better one would be that you settled on a Mini Cooper.

      I went shopping for a Mini Cooper and bought a BMW Z4 instead, because the payments didn't matter to me as much as the quality of the car and that-car-was-just-better (and cooler for this middle aged guy).

      I bought a Mac for the same reason - it is just a better computer, Operating system and hardware both, than the PC and the price was worth it.

      >>When I went shopping for a new car, I wanted the BMW Z3 that was sitting on the lot. I found the monthly payments to be outrageously expensive, and settled on a Mercury Sable. I didn't complain to BMW that they should make their car more affordable to everyone, or that they should allow just any other manufacturer produce the exact same car without asking for BMW seal of approval. I bit the bullet and took the cheaper option, which provided me the exact same functionality, without the pleasing but unnecessary asthetics

      --
      Democrats and Republicans are like AIDS and Cancer, I want neither!
    8. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      While I agree with your assertions, the vehicle analogy is flawed. Were it not for a small piece of code I could purchase OSX and install it on any hardware I please (knowing full well the implications of doing so) I cannot so easily drop a Beemer engine in a Sable. If Apple offered a version that wasn't crippled by the EFI check I would gladly buy it (yes I support good software) especially since it is a damned site cheaper than that "other" OS and far superior too boot. If it were unlocked then I could assume that there would be driver support beyond what Apple could reasonably be expected to provide. Yes I understand that this would put them on the same footing as Microsoft and "GASP" how could we have that happen.

    9. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      I take it you've never looked at the Linux source code for the ACPI module? It's filled with hacks to work around shit implementations on all kinds of motherboards. The reason it even remotely works is because somebody in the wild cares enough to work around the broken hardware.

      Microsoft has to take it on good faith that the hardware manufacturer will write a quality driver for them. Which 99% of the time isn't going to be the case (Creative, ATI, nVidia, hell.. just about everybody.. I'm looking your way). It's been *12* years since ACPI was introduced and *still* Standby/Hibernate are hit and miss on both Windows and Linux.

      Apple doesn't have to deal with this.. they code for a very small subset and make sure it works and they are off to the races.

    10. Re:As a Mac User, and a Realist... by tknd · · Score: 1

      You'll note there are innumerable operating systems out there which are stable as a rock, and yet support a vast range of hardware. Linux/BSD are the first to come to mind, but there are others (Solaris, BeOS, et al.)

      Define "vast range". If you want the OS that has the greatest compatibility (meaning I walk into the store and without checking buy software/hardware and try it) that would be Windows XP. There have been numerous times when I bashed my head for something not working in Linux because I forgot to check to make sure a driver was available. And with FreeBSD (or worse OpenSolaris) you have to make sure your hardware is compatible first before even attempting the install--because there probably isn't going to be some random linux post that is similar to your problem due to a much smaller user base.

      One thing MS got right was opening the doors to any shop that wanted to build hardware or build software for Windows.
      One thing MS got wrong was opening the doors to any shop that wanted to build hardware or build software for Windows.

      It's a double edged sword. By allowing any manufacturer in the world to write a driver and sell you some hardware, they made competition so fierce in the hardware market that we have dirt cheap PCs today. But by allowing anyone to write any driver without a decent QA process, people could buy garbage hardware that could make their systems unstable.

      No matter what kind of hardware you have, 2+2=4 (Intel CPU bugs aside). Crashes should not happen. Period.

      That's a load of BS. I've had crashes (kernel panics) in Linux and FreeBSD with "supported" hardware. The truth is once a manufacturer releases a piece of silicon or a board, all of the fixes to problems in the hardware get done in software (the driver). If your hardware is in charge of something critical, like say a disk controller, you can bet that a bug in the disk controller will crash your OS. I don't care if your MS or a Linux kernel hacker, it will happen--there is nothing you can do when the virtual memory magically disappears or presents corrupted data. The only solution is either to update the driver or get new (or redundant) hardware.

      You ought to look and read some kernel source code sometime. For example I tried troubleshooting (meaning modifying a driver) in my FreeBSD kernel to figure out if I could prevent a kernel panic with a dirt cheap SATA controller. I looked in the ata controller and saw all of the workarounds for hardware issues related to my hardware. It was ugly, but that was the reality. In the end I couldn't fix my issue and realized that the hardware I had really was "cheap".

      I don't expect a free open source developer to fix or get all of the errata on every piece of junk hardware out there. So until we have infinite resources, kernel panics will happen in any OS that attempts to support every piece of hardware. Apple knows that, that's why they don't go out to try to support things like hackintoshes. Linus knows that and that is why he hates proprietary drivers. Microsoft learned that lesson for the last decade or so and are now they have more restrictive driver requirements.

    11. Re:As a Mac User, and a Realist... by lordholm · · Score: 1

      "This is pure, unadulterated, urban legend. A hold over from the days when Microsoft would blame the hardware manufacturers for all their software bugs."

      Sorry, but all current research on operating systems place something like 80% of all kernel bugs in crappy device drivers. Check the papers from the MINIX team if you want to know more.

      "innumerable operating systems out there which are stable as a rock, and yet support a vast range of hardware"

      Sorry, but Linux is not fully stable on all machines, I have a Dell laptop which refuse to wake up from sleep for example, well, it wakes up, but the screen is black. This is exactly because of all the plurality of the PC hardware, I would not have this problem with a machine running windows (where they do a lot of testing for these issues), or OS X where the hardware is limited (in terms of different configuration). Also, BeOS had a very limited driver support and was lacking support for a lot of different hardware units.

      (Disclaimer: I try to avoid windows like fire in normal cases, so don't see this as microserfism).

      "No matter what kind of hardware you have, 2+2=4 (Intel CPU bugs aside). Crashes should not happen."

      Well, if you look at some of the device driver code available, you see that this is not the case. The quality is really scary sometimes and bad drivers tend to do: too complicated interrupt processing, end up in infinite loops, corrupt pointers due to incorrect assumptions of data returned from hardware or other idiocies.

      So, in order to sum this up, you really have no idea what you are talking about.

      --
      "Civis Europaeus sum!"
    12. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      This is B.S. Have you ever written a device driver? Device drivers are to blame for the vast majority of kernel crashes.

      The only way to guarantee correct behavior on a given configuration is to test that configuration, and if there are an infinite number of possible configurations, you can't test them all.

      Linux and BSD are only "stable as a rock" on popular/supported hardware configurations. Throw in a device driver for some piece of unpopular hardware that hasn't gotten much love, and let the fun begin.

    13. Re:As a Mac User, and a Realist... by Sandbags · · Score: 1

      Agreed. Linux may not support all of the devices microsoft does, but then again, how many DOES microsoft actually support? Take a look at their HCL on microsoft.com for either Vista or Windows. You'll not of course, Microsoft won't actually provide device or driver support for anything that's not on the initial windows CD distribution... anufacturers have chosen not to support Linux, but even still, with people hacking drivers into linux for devices, the OS is still rock solid, running on code that's barely beta tasted, and put together by people who work for free or for fun.

      When a program hangs in Linux, BSD, OS X, etc, the OS doens't go down. The desktop doesn't reset, other applications don't fail. They're all running on the same hardware... Intel or AMD CPU, same RAM, same HDD, same chipsets, same drive controllers... Why is microsoft so much slower, so less stable, so difficult to troubleshoot, so resource intensive? ...and it;s still uglier and harder to use than not just Apple, but other OS out there too?

      If people could simply drop Windows and move to Linux, and maintain 100% of their data, programs, etc, they would have done so long ago.

      With Office being an open standard, and every OS on earth almost being able to open and edit Office docs, work with images, video, music and more, there's little people can't move to a mac. Most home users have NOTHING that's not Mac compatible on their PCs, except maybe a few games. They're starting to catch on to this.... Apple and Linux are gainign market share fast.

      If more people would pay attention to the fact that Macs, spec for spec, not only have lower TCO over 3-5 years than PCs, but they actually COST LESS THAN DELL SYSTEMS FROM DAY 1 (with the same specs), there wuold be more of them. too bad there are so many Apple haters out there that still spread FUD about what a Mac can do and what a Mac really costs.... the ONLY mac I can configure cheaper on Dell.com is the mini, and it's not very mini any more if I do that, it's only $80 cheaper, and won't run Aero.

      --
      There is no contest in life for which the unprepared have the advantage.
    14. Re:As a Mac User, and a Realist... by mr_mischief · · Score: 1

      There were two ways to advertise a reasonable percentage, although I think some companies just estimated.

      One was, since the original PC and MS-DOS were both so simple compared to today's systems, to list the percentage of BIOS and OS API calls that produced identical output from identical input.

      The other was to run an automated test of a couple hundred top-selling DOS programs and advertise the percentage which ran without compatibility issues This seems more useful, but it's much more involved and it still doesn't make as much sense from the point of view of someone using lesser known software which might make more use of the less compatible parts.

    15. Re:As a Mac User, and a Realist... by Extide · · Score: 1

      Um hello both of you guys, Windows has been "stable" for almost TEN YEARS now.

      --
      Technophile
    16. Re:As a Mac User, and a Realist... by Torodung · · Score: 1

      Interesting. It's nice to know there was some rational basis, even if a lot of it was just cooked up in the marketing department.

      Weighing everything equally was what seemed wrong to me. There's a big difference between things like Tandy sound not being 100% compatible (big whoop), and your video calls (Tandy again!) or i/o ports needing third party support to work!

      There's something to be said for Microsoft's phenomenal OOBE support that many people seem to have conveniently forgotten. It's one of those inconvenient truths all of us MS haters here at /. are blind to.

      Linux takes setup. It's setup we were already used to, and welcome because it's far easier than the PC compatibles we had to work with in the 80's (and phenomenal considering the complexity of the current hardware), but the average user sees it as awful OOBE support.

      Unfortunately, we are finding out that being an "operator" is not easy, you can't make it easy, and all those folks who bought "easy" are now part of a botnet, with a compromised box, or clicking insanely at a UAC dialogue they don't understand or care about.

      --
      Toro

    17. Re:As a Mac User, and a Realist... by WebmasterNeal · · Score: 1

      I'm married, perhaps your definition of it means !=gay

      --
      "During My Service In The United States Congress, I Took The Initiative In Creating The Internet." -Al Gore
    18. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      with people hacking drivers into linux for devices, the OS is still rock solid, running on code that's barely beta tasted, and put together by people who work for free or for fun.
      I don't think you've seen some of the crappier drivers in Linux. I have a wireless driver, for example (acx) that regularly gets a BUG() simply because the access point goes out of range. At which point I have to rmmod it (which sometimes causes a kernel panic) and modprobe it again.

      Another poster commented that studies have shown that most kernel bugs occur in device drivers. A lot of these studies were conducted on Linux. Linux is no exception.

      When a program hangs in Linux, BSD, OS X, etc, the OS doens't go down
      That hasn't been true of Windows in a very, very long time. If you're talking about Windows 98 I'll give that to you, but I think you've got to look into some of the changes of the last decade (or even catch yourself up to five years ago).

      there's little people can't move to a mac.
      What I don't think people like you realize is that in this decade and going into the next one, Apple is starting to be much more anticompetitive than Microsoft. If Macs were to become the majority platform, there would not just be a software monopoly but a hardware one too. All the people here complaining that Apple doesn't offer a desktop that fits somewhere in between iMac and Xeon desktops would have no choice at all. I don't think that's good. For the consumer, the situation is better in the PC world, where you can buy off the shelf components, put them in a box, and install whatever OS you want.
    19. Re:As a Mac User, and a Realist... by Anonymous Coward · · Score: 0

      There ARE bad linux drivers, true. Of course, staying with mainstream components, and drivers that are distributed in large numbers helps eliminate that problem mostly. If the drivers are causing kernel panics, they're doing things there's not supposed to and need to be removed or replaced with a different version from another provider. I'm talking about stable drivers and overall system stability.

      Even my Vista machine hangs completely on occasion. Outlook crashed it today! I had to flip the switch to reboot it, couldn't even do a soft reset... Generally, XP and Vista won't go down entirely, but I still get BSODs more often on my PC than my mac and 2 linux boxes combined.

      Middle ground between a top line iMac and a Xeon? What, you want a system squeezed in between a $2300 and a $2500 machine? Why... Besides, Aplle has long been working on an open version of OS X. It should be released in 1-2 years. Apple hasn't done that yet because there's no good quality control in place for the vendors, and until there is, releasing OS X to the world will either be too complicated (part compatability matching charts, etc) or would just cause the same issue Microsoft suffers from. Besides... When I can get Mac hardware CHEAPER than Dell hardware, I don't care about monopolies, and then I have a single source support center, instead of Dell sying "you'll have to call microsoft, byt the way, they'll charge you $199 for a trouble ticket so have your credit card ready..."

      I deal in IT systems. Anytime I can find a single company that does both hardware and software, I sell there systems. I've been in the circle of Symanted Backup blames microsoft, who blames Dell's tape drive, who blames Symantec's software too many times... You get better products when they have no one to blame!

  40. It's How MS Started by WebmasterNeal · · Score: 2, Funny

    Perhaps this is the first step in Apple becoming a giant monopoly selling their OS and other software.

    --
    "During My Service In The United States Congress, I Took The Initiative In Creating The Internet." -Al Gore
  41. Can you use a real video card with this system? by Joe+The+Dragon · · Score: 1

    Can you use a real video card with this system?

    1. Re:Can you use a real video card with this system? by mr_mischief · · Score: 1

      There's an 8600GT upgrade available on the site (according to The Mac Observer -- I wasn't able to get to PsyStar's site when I tried).

  42. What? by EveLibertine · · Score: 1

    He is every bit as much a wannabe monopolist as is Gates. He loves total control and complete product lock down.
    Those two are practically opposites. He's not a wannabe monopolist -- he's a control freak, which virtually precludes being a monopolist. Does anybody doubt that if Apple made Mac OS run on clone PCs, they'd take over Microsoft's position in a year? But Steve doesn't do this. He wants to control his products, not have a monopoly. I'm not making a call on which is better to be than the other, but I don't see how you can reasonably claim he's both. I'm interested in your explanation of how being a control freak precludes being a monopolist. There are many strong arguments I am thinking of right now that show why having a control freak's skill set would assist someone in creating a monopoly, and I can't think of any good arguments that say why that skill set would be a hindrance.

    If everyone would switch to Mac OS if they allowed it to run on clone PCs with no change in the cost of the OS, then there's no reason all those people switching wouldn't already be running Linux already.
    1. Re:What? by domatic · · Score: 2

      It doesn't preclude creating an OS monopoly but Jobs' particular variety of control freakery does. MS supplied the OS for a universe of third-party hardware and imperfectly smoothed over the differences between audio from this vendor and video from that and so on. MS' model is or at least was to be Good Enough on a massive scale and beat a little bit of change from everybody. Jobs on the other hand wants control of the entire experience from firmware boot to Desktop and wants make a hefty chunk on every purchase.

  43. Limitation on exclusive rights: computer programs by tepples · · Score: 1

    First sale doctrine says you're free to do whatever you want with the physical disc; it doesn't say anything about the licensed content therein. That's the job of 17 USC 117 and foreign counterparts.
  44. Can Apple squash them on Trademark? by Cro+Magnon · · Score: 1

    Aside from Apple's EULA, I can see Apple having some legitimate objections to a cheap non-Apple computer with the name "OpenMac".

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  45. Lawyers' wet dream by noewun · · Score: 2, Funny

    This must be the kind of case Apple's lawyers fantasize about. You can almost hear them snarling and clawing at their cage door.

    --
    I am a believer of momentum and curves.
    1. Re:Lawyers' wet dream by jelton · · Score: 1

      Nah, they're fueling up their silent black helicopters, repacking their parachutes and checking the rappelling equipment so they can drop in with cease and desist orders in hand.

      Also, the Apple Legal Death Squad (ALDS) has ferociously awesome business cards. Or so I've been told.

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
  46. I don't want everything for free. by StarKruzr · · Score: 4, Interesting

    I want the Mac Apple refuses to sell me: an upgradeable machine that doesn't have ridiculous components (Xeons, FB-DIMMS) that maybe 0.01% of the userbase actually needs.

    Jobs refuses to sell it because he knows people will buy it. He fears this because he is in love with AIO and wants people to buy iMacs even when they aren't a fit for their needs. He also is under the delusion that creating a Mac upgradeable prosumer desktop will somehow "Dell-ize" Apple. The reality, which most Mac users understand, is that what is actually valuable about Macs is not their different-ness, but the fact that they run OS X, which is the best consumer operating system on the market. Mac hardware is not special. It got even less special after 2005. Mac SOFTWARE is what is special.

    --

    +++ATH0
    1. Re:I don't want everything for free. by bogjobber · · Score: 2, Insightful
      He also is under the delusion that creating a Mac upgradeable prosumer desktop will somehow "Dell-ize" Apple.

      That's not a delusion. The reason Apple makes so much money is because they sell high-end machines almost exclusively. Those high-end AIO machines have nice, fat profit margins. The huge majority of what Dell sells has razor-thin profit margins, that's why they're trying to move into high-end gaming machines. I personally would like to buy a $400 PC and install OS X, and dislike Apple because I can't, but it's a sound business decision. Mac software may be what's great from a user's point of view, but hardware is where they make their money.

    2. Re:I don't want everything for free. by MoonBuggy · · Score: 1

      I like OSX, and to me it's worth the premium (for now, at least) that I pay on the overall package. I'm sure many others agree. That means if they just took the Mac Mini's guts, threw them in a small tower with a 3.5" hard drive and a PCI-E slot and sold them for the same price as the Mini, I'd buy them. As far as I can see that would have a slightly bigger profit margin for Apple - fewer heat issues, less hassle dealing with cramped motherboards and the ability to use cheaper hard drives. They wouldn't have to compete with Dell and accept tiny margins because they have something to set them apart from the commodity machines that are sold more or less on price alone.

      That said, I suppose they are playing the game and they're doing it well - they (rightly) bet that a user like myself, who would have bought that machine I described plus a decent 24" LCD, will instead buy the iMac (which I did) essentially purchasing the monitor from them too. Those who wouldn't buy the iMac will stick with the Mini. Net gain for Apple, some level of irritation for the customers, but not quite enough to put them off next time. Apple wins, but I don't quite feel like I've lost.

    3. Re:I don't want everything for free. by ceoyoyo · · Score: 1

      Perhaps he doesn't want to have to support all the random upgrades you might put in your computer?

      Many would argue that's one of the things that makes OS X so great in the first place: it works very well because it doesn't have to deal with nearly as much random third party crap.

    4. Re:I don't want everything for free. by Anonymous Coward · · Score: 0

      Mac hardware is not special. Mac SOFTWARE is what is special. it's the combination - and that you can generally count on them working together.
    5. Re:I don't want everything for free. by Anonymous Coward · · Score: 0

      I'm with you. I for one love OSX, but often want to throw my mac-book out a window. When this thing's time has come the only thing that will bring me back to the Apple store is OSX which is a pleasure to work with.
                I would love the hardware shackles of Apple to be lifted, so I could build my own machine the way I want it.
                My mac book isn't enough. The MBP is just too expensive.

    6. Re:I don't want everything for free. by 99BottlesOfBeerInMyF · · Score: 1

      I want the Mac Apple refuses to sell me: an upgradeable machine that...

      Yup. Apple won't sell into markets that won't make them profitable. Why do you suppose the market doesn't correct for that problem?

      Jobs refuses to sell it because he knows people will buy it.

      Jobs, quite correctly, sells only a small selection of hardware because they cannot become over extended into the hardware market, given their limited resources. They have about the same number of offerings of other OEMs with comparable market share. They don't have the same number of offerings as all the rest of the PC hardware vendors combined. This is unlikely to change anytime soon.

      He also is under the delusion that creating a Mac upgradeable prosumer desktop will somehow "Dell-ize" Apple.

      Umm, I don't think Apple is trying to be like Dell. Dell makes most of their money on the low end and Apple has too much invested in their brand to do the same. Dell just buys respected brands (like Alienware) and uses them until they are ruined, then moves on. Actually, though, to be fair Dell has made some real strides in the last year with regard to laptops, pulling their reliability from near the bottom to better than average.

      The reality, which most Mac users understand, is that what is actually valuable about Macs is not their different-ness, but the fact that they run OS X, which is the best consumer operating system on the market.

      Apple has other value than just their OS, but I think most people agree OS X is their crown jewels. The thing is, the desktop OS market is monopolized. Trying to sell OS X by itself is economic suicide. MS can and does simply manufacture incompatibilities and given their market share, momentum, and lock-in that amounts to artificially breaking OS X at will. Other OS's such as BeOS were superior to Windows at the time. We all know how well they faired.

      Apple survives investing resources into the desktop OS market by enforcing bundling. They bypass the desktop OS market and compete instead in the computer system market (which is fairly healthy and competitive). Make no mistake, if this company is ruled within their rights, Apple will have no choice but to respond and that may mean pulling OS X from retail sale altogether and simply offering it with their computers and providing free upgrades to owners of Apple hardware. Alternately, they could roll out paid upgrades via a system that requires users to agree to the contract before they get the OS, so no more boxed copies in retail outlets. What they won't do, is allow another company to leverage Apple's own significant investment in OS X for the cost Apple charges for upgrades. Before that, Apple would abandon OS X development entirely as no longer profitable.

      Mac hardware is not special. It got even less special after 2005.

      To be fair, independent testing shows Apple as the most reliable hardware vendor on the market, with very few vendors even coming close. Apple's hardware is not magical or anything but it is very well engineered, especially for the price. Apple's margins are higher than the industry as a whole, but less than the two vendors who come even close to Apple's low failure rates.

      Mac SOFTWARE is what is special.

      Again, I agree, but the desktop OS market is monopolized. MS still has way too much of the install base for Apple to even consider unbundling their OS and hardware. They will bundle or they will have to make the OS X division actually profitable, which would mean something closer to $150 a copy and no more cheap upgrades and serious copy protection/licensing. It would also probably mean Apple abandoning it altogether.

      The sad truth is, unless MS loses their monopoly, that is the reality of the economic situation. I'd love to be able to install OS X on whiteboxes too, but not if that means Apple stops developing it. The solution is to fix the dam

    7. Re:I don't want everything for free. by aliquis · · Score: 1

      Probably not as much "because he knows people will buy it" as "he knows he would have to somehow guarantee that whatever hardware you wanted to throw in would work", that's the only real argument for why they haven't done so yet. Eventually together with "it would make it easier to copy OS X since it would have to support more hardware anyway" aswell.

      Mac hardware are special, but not in a good way ;D, or well, the computers and mp3-players aren't, the access points and phone are.

    8. Re:I don't want everything for free. by aliquis · · Score: 2, Interesting

      Especially considering the macs use EFI and not BIOS, but then again the hacks works nice with BIOS graphics cards so it can't be that much of a deal if Apple wanted to use them. To require a special mac graphics card are so fucking retarded I don't know where to start.

    9. Re:I don't want everything for free. by fermion · · Score: 1
      Mac OS X is may the best consumer OS on the market, but that in no way implies tha Apple has to supply i so that everyone can use it. I think that solid ink printers are the best printers on the market, but that does not mean that Xerox has to allow their manufacture so that consumers who prefer a cheap inkjet can afford it. Likewise, MS Office was the best office app, but it was so expensive that most people had to steal it.

      Fundamentally, one buys a Mac not because of the OS, but because of the system. Mac OS works, and is affordable, in the way that MS products are not because it only has to work on a small range of hardware, hardware that meets certain standards. Such hardware is expensive. Such expense is not justified for all persons. If the hardware limits were not there, there would be much less different from the GPC.

      In reality the MS PC is only a year or two behind the mac. There is very little that can't be done on the PC. If one wants a machine that costs less than a Mac, if one wants expansion, if one wants cheap memory and cheap processors, then a PC may be a better choice. It is no different than anything else. One may want the fancy stuff, but one can't always afford it.

      I have a Mac because I like the machines. The expansion through SCSI or Firewire or USB is quite good. They last a very long time. They are well built. They are durable. There has only occasionally been a huge superiority over competing OS. The OS alone has never justified my purchase, and i would be suspec of anyone who thought i was. It is the total package.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    10. Re:I don't want everything for free. by ceoyoyo · · Score: 1

      Again, it allows Apple to carefully control what hardware is used on their platform, which allows them to more easily track down problems. Again, it's part of what makes the Mac different.

      Yeah, it would be nice to use the latest and greatest video card. If that's really important to you, buy a PC. If you'd rather not have to play the blame game with the support guy in India, buy a Mac.

    11. Re:I don't want everything for free. by Anonymous Coward · · Score: 0

      Apple has other value than just their OS, but I think most people agree OS X is their crown jewels. The thing is, the desktop OS market is monopolized. Trying to sell OS X by itself is economic suicide. MS can and does simply manufacture incompatibilities and given their market share, momentum, and lock-in that amounts to artificially breaking OS X at will. Other OS's such as BeOS were superior to Windows at the time. We all know how well they faired.

      Actually it may be worse than you think. I have heard through the rumor-mill that the reason for binary protection on OS X does not have to do with Apple technology but has to do with license agreements for third-party technology.

      Consider which binaries are actually protected on an OS X install. Rosetta (oah/translate) and ATS (Apple Type Server) are the main core components that are protected. My guess is that Apple pays royalties per-computer rather than for each sold copy of the OS. They can get away with this because they only sell OS X as an upgrade to the existing OS on an Apple-branded computer. Therefore they don't need to pay royalties when you upgrade your Mac because they already paid them for the computer and they ensure that their OS is not used on anything other than their computers.

      Also, think for a second who they might be paying royalties to for something like ATS. Recall that TrueType is a joint Apple-Microsoft specification. What do you think Microsoft might do if Apple starts selling OS X for whitebox PCs? My guess is that Apple and Microsoft probably have a number of agreements stipulating that Apple sticks to its own hardware so as not to infringe on Microsoft's OS business. If Apple were to tacitly allow OS X to be installed on generic PCs then Microsoft may decide to charge higher royalties.

    12. Re:I don't want everything for free. by jsebrech · · Score: 1

      Apple will have no choice but to respond and that may mean pulling OS X from retail sale altogether and simply offering it with their computers and providing free upgrades to owners of Apple hardware.

      They don't need to do either. They just need to label the retail copies with the big word "Upgrade", and make it clear that it is an upgrade version for an earlier OS X only. If they only sell you full versions along with a new mac (and not at retail), nothing changes.

    13. Re:I don't want everything for free. by Anonymous Coward · · Score: 0

      but the fact that they run OS X, which is the best consumer operating system on the market. Mac hardware is not special. It got even less special after 2005. Mac SOFTWARE is what is special. ha ha ha ha ah ha! Yeah special in the way retarded people are "special"

    14. Re:I don't want everything for free. by Anonymous Coward · · Score: 0

      And i am pretty sure that Mac software is special because of the tight integration with a well known hardware platform. And further there is no need to program the system for different configurations with varying performance levels.

      PS: I an not a Apple fanboi. I don't own any Apple product. But i do admire and drool over the stuff they create.

    15. Re:I don't want everything for free. by aliquis · · Score: 1

      Hate: Gay, post didn't worked and then I clicked something else and notice my post wasn't posted. The text was still there so I pressed submit and the got a message saying bla bla cut your tounge, so I pressed edit and my text was removed. Good work Slashdot! Why not use the text in the text area instead on the server ... Ok, pressed back and the message system was shown, pressed this thread and my post came back. Fucked up. Anyway:

      But are there really any difference on the cards except firmware? Nvidias Windows-/Solaris-/Linux-/FreeBSD-drivers supports all the cards, why wouldn't they work with all cards in OS X? Especially since so many cards works even now once one add their id number on a hack.

      If different means retarded I guess you are right, but I don't like that kind of different.

      Like one have issues with graphics cards in PCs .. Or like I would call someone in india to resolve it.

      Sort of almost all graphics cards works with macs, just don't original ones, yeah, great! If Apple wanted of course even more would had worked.

      I call bullshit and just old fashion / being able to sell the "mac" graphics cards themself at even higher price/profit.

    16. Re:I don't want everything for free. by aliquis · · Score: 1

      ATI 3870 X2 works on a hack, but only one of the GPUs because OS X doesn't support SLI. What are the newest one you can use on mac pro?

    17. Re:I don't want everything for free. by Hal_Porter · · Score: 1

      Mac firmware probably runs in Bios (real or virtual 8086) mode until it starts an EFI operating system. So it can run the code in the Video Bios Rom to set the video card up.

      Actually if OS X has a Vesa framebuffer driver it could use any VGA card in non accelerated mode too. It would need to switch from protected to v86 mode to call the Bios to change modes though.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    18. Re:I don't want everything for free. by TheRaven64 · · Score: 1

      I want the Mac Apple refuses to sell me: an upgradeable machine that doesn't have ridiculous components (Xeons, FB-DIMMS) that maybe 0.01% of the userbase actually needs. An upgradable machine is something that 0.01% of the userbase actually needs. Very, very few people outside Slashdot upgrade their machines. The few that do are unlikely to do more than upgrade the RAM or the hard disk (both of which are possible with any Mac). Even I haven't upgraded a machine for about five years because it's just not worth my time, and I used to always build my own machines.
      --
      I am TheRaven on Soylent News
    19. Re:I don't want everything for free. by Sandbags · · Score: 1

      And what part, other than the graphics card, inside your iMac can't you upgrade?

      the HDD, RAM, even the CPU can all be replaced. It already has digital 7.1 surround support, firewire, camera, microphone, bl.uetooth, wireless, and more. What components would you like to change again??? Graphic processor? Even I'll tell you that except for a select few good games available on a Mac, you need a PC for gaming (or a PS3 and high def TV). Any good gaming PC is going to set you back over $2K anyway so at that point, if you need that much power, get a poewr mac and use boot camp to run Windows on it....

      My father has owned macs since 1984 (even had a Lisa too!). The SHORTEST time he's ever used one was for 6 years. longest was 11 years. Yes, 11 years... He has 3 active Macs now. A g4 iMac, a Core 2 duo iMac, and a Powerbook 15" core 2. The most he ever put into one was more RAM or an external HDD.

      He edits movies, thousands of pictures, and plays WoW on his $1800 Mac that only has 1GB of RAM and a single HDD.

      The LONGEST I've ever gotten out of a PC, doing the same job I bought it for at the time, is 4.5 years. I've had to replace mainbords in as little as 2 years in order to keep up with video editing software. I have a vista PC with 4GB of RAM, 4 HDDs in 2 seperate RAID 0 stripes, a processor 30% faster than his, and more. I normally use a very powerful nVidia card for gaming, but just for the hell of it, and to run a few benchmarks, I installed the same Radeon card in my PC as his iMac came with. My PC, including that card, cost over $2200 in components (including an OEM copy of Windows Vista Home Premium), it uses more than twice the electricity, and makes a shit load of noise (less now that I moved it to an Antec nine Hundred case and 120mm fans). Guess what, in sheer CPU power, naturally mine was faster, but in WoW, he got 6 FPS better than me using the same settings. Photoshop runs better on his iMac too. In fact, putting my performance graphics card back in, he STILL outperformed my PC in Photoshop... He loads web sites faster, organises music faster, backs up faster, boots faster, switches programs easier, and, what really pisses me off, he can scan at 9600DPI with 1GB or RAM from the same HP scanner that my PC, with 4GB of RAM, states that I need more resources to scan over 1200dpi.

      I've done EVERYTHING I can to Vista to speed it up. 4GB of ready boost, disabling services, uninstalling unnecessary programs, and this was a vanilla install with no extra programs installed, compeltely defragged, and more. I simply can't compete with Mac performance, not even for 25% more money.

      Now, you go to Apple.com and configure the lowest end Power Mac you can ($2299). Go to Dell's site and configure a machine with exactly the same specs (or as close as Dell will let you get, which as far as CPU, RAM, HDD, Etc is basically an exact match. the Dell system T7400, no matter how much you play with it, will be nearly a $1000 premium over the Mac... Even if you stip it down to a core quad instead of Xeon and try to match it's other components, it's STILL more expensive. In fact, the Mac Pro can give you 2 faster quad cores (8 cores total) for less than 4 from dell...

      Sure, $2300 might be a bit much for a tower PC, but if an iMac doesn't cut it for you, it's only about $500 more to step up, and still cheaper than a Dell.

      Now, step down to iMac specs... Try the same thing. Dell is actually STILL more expensive than an iMac. You're ONLY benefit is that the Dell is customizable... and actually, it will be missing an integrated webcam and microphone, firewire support, and more. Not to mention it's size, noise, and electric draw vs the iMac.

      You CAN build a cheaper Dell system than an iMac, but it's upgradability, even in a customozable chassis, is still very limited. Sure, you can add a few extra internal drives, but with FireWire, I'd actually PREFER external drives...

      If I was a hardcore gamer looking at a rig, I'd get a custom built PC with SLI. If I was Joe user looking to play the most popular games, edit movies, and share media, I'd get an iMac. Since I'm both, I own both...

      --
      There is no contest in life for which the unprepared have the advantage.
    20. Re:I don't want everything for free. by Bones3D_mac · · Score: 1

      In some sense, I happen to agree with this response to the new Apple. Some of their more recent products make little sense when compared to the requests of their consumer base. A prime example of this is the MacBook Air, a light, pretty-looking machine, but priced way too high due to its overall lack of distinguishing features and poor performance compared to a low-end, factory-default MacBook.

      That's not to say a product like the MacBook Air doesn't have some kind of market going for it, but there are other markets where its form factor, lack of features and reduced performance would hsve been far better suited. For example, had they instead produced an official Apple-branded Macintosh tablet using the MacBook Air's casing/footprint, combined with only bluetooth and airport for adding devices/networking and then sold the package for a scant $999 per unit, everyone would want one to compliment their home computer. In effect, a PDA done right in a form factor people are already adapted to carrying around but capable of running all their favorite apps away from the keys. That seemingly unused InkWell technology Apple's been touting for years would finally serve a real-world purpose.

      But no... Jobs just wanted the "world's thinnest computer" title despite the fact it'll probably only ever end up in the hands of middle/upper class college students with cash to burn on such toys.

      I want the Mac Apple refuses to sell me: an upgradeable machine that doesn't have ridiculous components (Xeons, FB-DIMMS) that maybe 0.01% of the userbase actually needs.

      Jobs refuses to sell it because he knows people will buy it. He fears this because he is in love with AIO and wants people to buy iMacs even when they aren't a fit for their needs. He also is under the delusion that creating a Mac upgradeable prosumer desktop will somehow "Dell-ize" Apple. The reality, which most Mac users understand, is that what is actually valuable about Macs is not their different-ness, but the fact that they run OS X, which is the best consumer operating system on the market. Mac hardware is not special. It got even less special after 2005. Mac SOFTWARE is what is special.

      --


      8==8 Bones 8==8
    21. Re:I don't want everything for free. by 99BottlesOfBeerInMyF · · Score: 1

      I have heard through the rumor-mill that the reason for binary protection on OS X does not have to do with Apple technology but has to do with license agreements for third-party technology.

      Similar rumors have ben floating around with regard to Quicktime licensing for many years. They certainly could be true and it would make for some significant liabilities for Apple, although not necessarily ones that cannot be overcome. It would be an antitrust issue if MS did have such an agreement with Apple, but it would not be their first such illegal contract.

    22. Re:I don't want everything for free. by 99BottlesOfBeerInMyF · · Score: 1

      They don't need to do either. They just need to label the retail copies with the big word "Upgrade", and make it clear that it is an upgrade version for an earlier OS X only.

      You're probably right. I imagine that would change the situation from a legal perspective. They certainly have options to make such reselling illegal if it does not prove to be as they are now shipping.

    23. Re:I don't want everything for free. by aliquis · · Score: 1

      I'm quite sure all cards do work in VESA mode on hacks, but very many work in accelerated more with quartz extreme and core image acceleration aswell.

    24. Re:I don't want everything for free. by 99BottlesOfBeerInMyF · · Score: 1

      A prime example of this is the MacBook Air, a light, pretty-looking machine, but priced way too high due to its overall lack of distinguishing features and poor performance compared to a low-end, factory-default MacBook.

      Umm, are you joking? This is the machine that although I have no interest in was repeatedly evaluated by analysts to be coming out at a much higher price, equivalent to similar super compact machines from other vendors. This is also the machine that they're having trouble keeping in stock in some locations. It may be unwanted by me or you, but to claim Apple misjudged the market or priced it to high is pretty unsupportable.

      For example, had they instead produced an official Apple-branded Macintosh tablet using the MacBook Air's casing/footprint, combined with only bluetooth and airport for adding devices/networking and then sold the package for a scant $999 per unit, everyone would want one to compliment their home computer.

      Color me skeptical. Are you claiming you have better data than Apple's market research department? How exactly did you perform your study?

      Sorry, but Apple went with the ultra compact and the iPhone and they're doing very well with it. All the armchair quarterbacking the world doesn't change that they're making a lot of cash.

      But no... Jobs just wanted the "world's thinnest computer" title despite the fact it'll probably only ever end up in the hands of middle/upper class college students with cash to burn on such toys.

      Actually the main market seems to be among business executives so far.

      I want the Mac Apple refuses to sell me...

      I already responded to the rest of this post as it is word for word the same as another.

    25. Re:I don't want everything for free. by Mattsson · · Score: 1

      Well, that's easy then.
      Simply don't support non-apple hardware per default (Like today) so that those who don't want to jeopardize OSX monoculture greatness can't do that without manually downloading drivers, but let those who are willing to risk third party drivers be able to expand their machines to that they can have a great machine too.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    26. Re:I don't want everything for free. by ceoyoyo · · Score: 1

      Think about that a little. Who gets blamed when Windows crashes? Yes, Microsoft.

      If Apple made it easy for Joe Random to put any old chunk of hardware in his Mac Apple would very quickly lose their reputation as a supplier of computers that just work.

      If you want to use the latest and greatest video card, use an OS that supports it.

    27. Re:I don't want everything for free. by Onetrack · · Score: 1
  47. And this app is just a shell by tepples · · Score: 1

    When MS bundles a media player or a browser or anything with their OS, they make it so that removing that application actually BREAKS the OS. Delete QuickTime Player or iTunes or iPhoto and OS X chugs along happily. QuickTime Player and iTunes are just a shell around the QuickTime framework, just as Windows Media Player is just a shell around the DirectShow framework (formerly ActiveMovie), and Internet Explorer is just a shell around the MSHTML framework.
    1. Re:And this app is just a shell by pressman · · Score: 1

      Good points.

      --
      Pooty tweet
    2. Re:And this app is just a shell by johnsjs · · Score: 0

      In my experience, try and delete itunes or quicktime from a windows installation and there's a reasonable chance it will die a horrible death.

  48. Screenshot of the ad by scooterphish · · Score: 1

    I read about this two days ago on reddit.com and grabbed a screenshot of the ad before it inevitably disappeared... http://flickr.com/photos/ghoti/2412827108/

  49. Pardon My Impudence, but... by iluvcapra · · Score: 1

    Doesn't it defeat the purpose of running OS X on an arbitrary machine if you have to obtain said arbitrary machine from a dedicated vendor that charges you a premium, or requires at least as much time-money as the premium the vendor you're trying to avoid charges you.

    Seems like a case of freedom being nothing left to lose.

    --
    Don't blame me, I voted for Baltar.
  50. Call me a Fanboy but it is bad because ... by dindi · · Score: 1

    This is a bad concept, and if you use an Apple computer you know why you do it, and why you would pay the extra for the Apple hardware.

    If you are from the Windows world (or use it occasionally), you know how many "compatible" stuff you can buy, that makes your system unreliable, crashing, acting strangely.

    I am relatively new to Apple , and switched after many years of Linux and many years of Windows.

    I happily pay the extra now for an OS that runs on a hardware it was exactly written for. All the components have in-house drivers, that adds to the stability of the whole.

    Yes, I ran BSD servers, and they are rock solid as well, but ran Linux, and suffered from bad X drivers and almost working hardware all the time. I do not think Windows is different any way either.

    So I think the idea of providing a PC that runs OSX does not equal to an Apple system. Maybe if it is the exact copy of a specific Apple product.

    But then I guess if this is any good for you, you are already wearing a fake rolex, and have a Nokia N95 from China without the GPS and Quad band, so who am I trying to explain it to at the first place .....

    1. Re:Call me a Fanboy but it is bad because ... by freedom_india · · Score: 1

      Yup. I agree with you.
      I too own a Mac in addition to a Gamer Desktop PC running XP for CoH and Opposing Fronts games.
      I too found out that in a Mac you get exactly a working piece of software and hardware combo which do not fail or need driver updates, etc.
      Adding a RAM? No problem, because you can't by mistake remove the existing RAM so that the OS gives a BSOD.
      Similarly a DVD stuck inside? Reboot and hit eject when the Apple logo appears.
      Just yesterday i had a series of Windows Explorer errors. It just dies everytime i clicked on a file. (Not double-clicked, just select).
      I was confused whether it was due to kaspersky updates, or Stardock Updates or some weird WIndows Update.
      I rolledback kaspersky first, did not work.
      I rolled back stardock, unfortunately that did seem to work for a few more mins. But it too failed.
      Now i was utterly confused.
      System Restore failed to restore because i had kaspersky running. (bah!)
      I rebooted into safe mode, used system restore and rebooted.
      Things worked fine.
      Now am afraid to update stardock. kaspersky updated itself without permission as usual.
      I did create one more system restore point just to be sure.

      And in all i wasted 3 hours.
      Why?

      Because, all come from 3 different companies to which Microsoft never releases full info about its product.

      On a Mac, all i ever had trouble was when i replaced by keyboard (iBook) by myself and in the process dislodged my Airport card.
      The icon didn't show up in Finder bar.
      So i had to open up the case again, this time make sure the airport card was secured and rebooted.
      Came right back up normally.

      No BSOD, no Dr.Watson.

      If only Macs were powerful enough to run modern games like Company of Heroes or had an SLI config like my desktop...

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  51. Does Apple have patents on their hardware? by walterbyrd · · Score: 1

    Even if the patents are not enforcable, I'll be Apple could you up in court for the next 5 years, and cost you over $10 million in legal fees.

    1. Re:Does Apple have patents on their hardware? by mr_mischief · · Score: 1

      Considering it's an Intel processor on a mostly PC-compatible motherboard (built by Foxconn last I checked) using the EFI standard developed by Intel for their Itanium systems, Intel/ATI/NVidia graphics (PCI-E), and bog-standard DDR2 memory modules I'll hazard a guess and say no.

      They do have a possibly enforceable EULA, although whether it is and to what extent is beyond my layman's legal knowledge.

      They also have trademarks on "Macintosh", "iMac", "eMac", "PowerMac", "MacBook", "Mac Pro", and any number of other "Mac" and "Macintosh" derivatives as applied to computer systems. This is probably the first stop for Apple's legal department I'd look for if I was on PsyStar's legal team, but what do I know?

      I think there's a good chance that PsyStar just picked up a whole lot of publicity on the cheap, and will cease and desist rather quickly after getting the request from Apple then go on selling this bargain PC as a PC.

    2. Re:Does Apple have patents on their hardware? by tyrione · · Score: 1

      Considering it's an Intel processor on a mostly PC-compatible motherboard (built by Foxconn last I checked) using the EFI standard developed by Intel for their Itanium systems, Intel/ATI/NVidia graphics (PCI-E), and bog-standard DDR2 memory modules I'll hazard a guess and say no. They do have a possibly enforceable EULA, although whether it is and to what extent is beyond my layman's legal knowledge. They also have trademarks on "Macintosh", "iMac", "eMac", "PowerMac", "MacBook", "Mac Pro", and any number of other "Mac" and "Macintosh" derivatives as applied to computer systems. This is probably the first stop for Apple's legal department I'd look for if I was on PsyStar's legal team, but what do I know? I think there's a good chance that PsyStar just picked up a whole lot of publicity on the cheap, and will cease and desist rather quickly after getting the request from Apple then go on selling this bargain PC as a PC. Assembled is the correct term. The hardware is designed, tested, certified, by Apple [the design includes their choice of 3rd party shelf parts and how it interacts with their motherboard specs designs] and then outsourced to manufacturers to meet Apple's design specs.
    3. Re:Does Apple have patents on their hardware? by walterbyrd · · Score: 1

      It only takes one chip. Maybe not even that.

    4. Re:Does Apple have patents on their hardware? by mr_mischief · · Score: 1

      To some extent that's true. The current generation of Macs, though, are almost entirely standards-based and use almost all off-the-shelf parts.

      PCI, PCI Express, EFI, Core 2 Duo, ATX power supplies and motherboard form factor, SATA drives, USB, DVI, and 802.11b are all things other companies are free to use, including in combination with one another.

      It's quite possible, as walterbyrd suggests at #23091740, that there's some small thing Apple uses that's encumbered. In that case, anyone who could figure out how to not use that little bit of patent-encumbered firmware would still be free to build a mostly identical machine.

      Whether OS X would run on it unmodified might still be in question, but there's really no major change to the OS needed if it's just checking a checksum or calling an undocumented EFI extension and reading back the return value.

    5. Re:Does Apple have patents on their hardware? by tyrione · · Score: 1

      To some extent that's true. The current generation of Macs, though, are almost entirely standards-based and use almost all off-the-shelf parts. PCI, PCI Express, EFI, Core 2 Duo, ATX power supplies and motherboard form factor, SATA drives, USB, DVI, and 802.11b are all things other companies are free to use, including in combination with one another. It's quite possible, as walterbyrd suggests at #23091740, that there's some small thing Apple uses that's encumbered. In that case, anyone who could figure out how to not use that little bit of patent-encumbered firmware would still be free to build a mostly identical machine. Whether OS X would run on it unmodified might still be in question, but there's really no major change to the OS needed if it's just checking a checksum or calling an undocumented EFI extension and reading back the return value. Seeing as I used to work there I think you aren't grasping the difference between design and invention of all parts. The motherboard design specs, the heat dissipation specs for case designs, etc., are all Apple patented designs.
    6. Re:Does Apple have patents on their hardware? by mr_mischief · · Score: 1

      I don't believe the motherboard specs or the case design are at all being infringed by PsyStar.

      That's kind of the point, don't you think? It's not Apple kit, and that's why it's called a clone or a Hackintosh.

      If they were going to use Apple-patented motherboards and Apple-patented cases, the machines wouldn't be made from the dirt cheap commodity parts they are.

      So yes, "Mr. I Worked at Apple and Feel the Need to Be Pedantic", Apple has patents on their hardware that have absolutely nothing to do with the functionality that makes them able to run OS X. So what? What patents are PsyStar infringing by using stock PC hardware with and EFI emulator?

  52. Apple has become only about style at the consumer by Shivetya · · Score: 1

    level, if you want performance and such you go with the Pro which outside the realm of many of the geeks who "would love to own a Mac" but as geeks go they don't want some non expandable machine that forever traps them into it. Now I finally broke down and bought an iMac, USED off of e-bay thank you. While I like it very much I would also prefer something I could slap more drives in, occasionally boost the video card, and change out the optical drives as technology progresses. External drives don't cut it and even then I got to hope that once they come out I have support for all of them.

    It isn't about profit, unless the model is to force upgrades to get new tech. I think they are fixated on style over function at the consumer level

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  53. Google cache of psystar's page by noidentity · · Score: 1
  54. Re:No wonder Apple wants to stop PsystarDON'T UNDE by jacksonj04 · · Score: 1

    You seem to be assuming that Apple are trying to sell an OS. They're not. They're trying to sell an entire system, from the chips on the motherboard up to the user interface.

    It's simple - If you don't buy Apple branded hardware, you don't get OS X. It's like if you don't buy a BMW, you don't get iDrive.

    --
    How many people can read hex if only you and dead people can read hex?
  55. Sounds great by Tibor+the+Hun · · Score: 1

    Oh this is terrific, now I can buy one of these babies, and do video chats with my mom and dad!
    Where do I sign up!

    --
    If you don't know what AltaVista is (was), get off my lawn.
    1. Re:Sounds great by motang · · Score: 1

      Yeah it looks like a sweet deal. But I would like to see it in action.

  56. This is so easy.. by rickb928 · · Score: 1

    Isn't this the ultimate 'fixed in documentation' issue?

    Apple can reprint boxes with a line like 'For Apple Brand Computers ONLY!' on the outside.

    Case closed.

    Of course, if a user buys a copy, reads the EULA, and returns it, woop. It's a return. Currrently, you can try to make a case that you didn't know. Put the conditiokn on the outside of the box, and let the resellers charge a stocking fee, since there wasn't anything wrong with the product.

    Just the user.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
    1. Re:This is so easy.. by ceoyoyo · · Score: 1

      Actually, they do. My copy of Leopard clearly states that it requires an Apple Macintosh computer.

  57. Just a little info.. by Anonymous Coward · · Score: 0

    If you go to the Psystar site it actually will cost you $ 155.00 to have Leopard installed, $ 50.00 for firewire. That Alone brings it to A little over $600.00. And there is no mention about the compatibility of the iLife suite which is very hardware peticular. There is also no guarantee about software updates either. You might be stuck with the same version of the OS for life. Seems you might as well buy a Mac mini ($599.00) which looks a lot better and is a fraction of the size, has wi-fi built in, gigabit ethernet, built in bluetooth...Just a few things to keep in mind.

    1. Re:Just a little info.. by knavel · · Score: 1

      Or you could build your own souped up machine from scratch for the same as or less than a Mac mini, install OSX86 on it (with some minor finagling), and you're good to go. Of course, it's not suitable for the casual user, but for anyone who's had the occasion to install your typical linux distro, it's cake.

  58. Site Back Up by pete-classic · · Score: 1

    Looks like the site is back up, and they took it down to change "OpenMac" to "Open Computer".

    -Peter

  59. Boring BS. by oledoody · · Score: 1

    total bs down to the cheezy 3d graphic. And I should add, bs without a shred of humor nor irony....

  60. They won't though by Sycraft-fu · · Score: 1

    I don't know why, but Apple just refuses to participate in that market. They always have, and it is a good bet they'll continue to do so. People have been asking for it forever, and they just won't deliver. I remember when the G4s came out how Mac users were hopeful that the G3 towers would be maintained and sold as cheaper midrange units. Nope, away they went, the high end was all there was.

    It is just something about Apple that isn't very likely to change.

  61. iDrive by JaySSSS · · Score: 1

    Considering all the bad reports I've seen about iDrive, I don't think I'd want it. :-)

  62. Inducing people to break the EULA by seanadams.com · · Score: 1

    The interesting part of this is that they have vowed to challenge Apple's EULA in court

    Good luck with that! They might think they're not in violation of the EULA because they're only distributing a boxed retail copy. However, by selling someone a non-Apple machine designed to run OSX, they are guilty of intentionally interfering with their customer's contract (EULA) with Apple. I.e. they are inducing a third party to breach their contract. However you feel about EULAs, as long as the court agrees that it's enforceable this is pretty cut and dry.

    This is true whether they include the boxed copy or not. It's actually even easier to show because of the included boxed copy. However, even if they didn't include it they'd probably be in even more trouble because Apple could argue that they're additionally inducing people to pirate the OS. They're just fucked!

  63. l;;ljl;k by Anonymous Coward · · Score: 0

    IANAL but America is pretty much a freedom of contract country.

    Get over it. Apple can do what they want... it's not unconscionable...

  64. Re:No wonder Apple wants to stop PsystarDON'T UNDE by Anonymous Coward · · Score: 0

    If Apple didn't want to sell the OS to anybody, they shouldn't have put it in a box and put a price on it.

    They don't get to pick and choose who they sell Mac OS X to when they offer it at retail. They sell an OS, in a box, for $129. Once you buy that box, it's yours. If it runs on some computer that wasn't built by Apple, that's none of Apple's business once they sold the box, and no amount of post-sale attempts to change your purchase contract will alter that fact.

    If you want to go the car analogy - it's like if you don't buy a BMW, you don't get to buy BP gasoline - except, YOU DO.

  65. Re:No wonder Apple wants to stop PsystarDON'T UNDE by jacksonj04 · · Score: 1

    BP gasoline is made specifically to work in a wide variety of cars, and is marketed as such. It also comes with implicit (and in some cases explicit) terms of use, such as "don't put diesel in your petrol engine". Failure to abide by these rules leave you in no position to complain if you're left without a working engine. OS X is made to work on Macs, and therefore people are in no position to complain if they install it on something that isn't a Mac and Apple subsequently break that installation.

    As far as the post-sale attempt to change my purchase contract goes, what about if I buy a copy of Linux? The entire GPL is not printed on the box, so by your argument if I buy a boxed copy of linux I'm therefore legally entitled to ignore the terms of the GPL (It was never presented to me before I bought the software) and distribute the code (Which is in the box, and therefore mine) however I want.

    --
    How many people can read hex if only you and dead people can read hex?
  66. the legal argument for Psystar by djtack · · Score: 4, Interesting
    Maybe Pstystar is trying to get sued, to establish a precedent?

    They could argue that the first sale doctrine allows them to modify and resell it.

    To get around the EULA, they could bypass the "I agree to sell my soul" box by disassembling the installer program, and disabling the EULA dialog. So they never "Agree" to the license.

    Of course installing the software necessarily involves making a copy, from the DVD media to the computer's memory and hard drive. While you might think a license would be needed to perform this copying, in fact Title 17, section 117 specifically exempts this copying:

    117 Limitations on exclusive rights: Computer programs53 (a) Making of Additional Copy or Adaptation by Owner of Copy.- Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner
    I don't think Psystar can win, but this is more a reflection of the power that the copyright cartels wield over the government. (BTW I like Apple and would not look forward to another clone war, but that's a different post).

    1. Re:the legal argument for Psystar by Anonymous Coward · · Score: 0

      I think that a little competition wouldn't be bad:
      First, the court case is free way to get on the news between great new innovations
      second, it might drive the prices of macs down
      third, they might force apple to add new futures (blu-ray, tv tuner, .....)

  67. Virtualisation? by Anonymous Coward · · Score: 0

    If people can do this, why can't they get it working under xen or other virtualisation systems?

  68. Re:No wonder Apple wants to stop PsystarDON'T UNDE by drtsystems · · Score: 1

    The difference is that you will not get sued for using diesel in your petrol engine. (in fact many people do just this and mix a little diesel in with their normal gasoline thinking that it will help clean their fuel injectors or increase mileage or something? Its not really true but people do it anyways)

  69. Re:No wonder Apple wants to stop PsystarDON'T UNDE by aliquis · · Score: 1

    See the hardware as a license to use it, and the box as an updated software for using with that license. The box doesn't give you the license to use it (on it's own atleast), but just offer a newer version. The price are 129 because for everyone with a mac it's just an update of the OS and everyone have already paid extra for a mac and for the OS once. If it didn't worked like this the OS would probably retail for much more. Like $500. And then Apple would have to support more hardware and issues and not being able to sell their more expensive hardware (which are their choice, it's their hardware and software you know ... If you don't like it don't buy it, it's up to you, but you can't just say that you have the RIGHT to their property.)

    To fix your analogy it's more like throwing up a pair of cables on the power grid and say you don't want to pay a fee for grid access and installation because you did it yourself, so now you only want to pay for the electricity. Even thought everyone else are there already paying for the power grid to exist at all.

    If OS X was sold at a uhm "self cost price" I would agree with you, but now I really doubt the number of retail sales of OS X multiplied with the cost / box really covers the development cost of the software. Even less with any profit. (And still, even if it did it's not for us to decide what it should sell for or how it should be sold. I guess Microsoft earns quite a lot on Windows sales aswell ...)

  70. Your beef is not with Apple in this example... by mccabem · · Score: 1

    Your beef is with Best Buy. If precedent is anything you would have no problem getting your money back from the manufacturer if the license was not to your liking after purchase (as in your scenario).

    Not really trying to disagree with you - knowing before you buy would be nice (but aren't these EULA docs posted online somewhere for the truly curious?) - but that's a bad example to use.

    -Matt

  71. Apple is going to lose - antitrust law by Animats · · Score: 2, Interesting

    Apple is going to lose this one. It's a illegal tying arrangement under the Clayton Act:

    The basic requirements that must be met for tying to be per se illegal are as follows:

    1. There must be two separate products or services.
    2. There must be a sale or an agreement to sell one product (or service) on the condition that the buyer purchase another product or service (or the buyer agrees not to purchase the product or service from another supplier).
    3. The seller must have sufficient economic power with respect to the tying product to appreciably restrain free competition in the market for the tied product.
    4. The tying arrangement must affect a "not insubstantial" amount of commerce.

    Apple would have to try to enforce their EULA in court against an antitrust claim that their EULA is an illegal tying arrangement, which, on its face, it is.

    Apple was able to put the previous generation of clone-makers out of business because some key portions of the original MacOS were in ROM, shipped with the machine. So they could make copyright arguments against cloning the Mac ROMs. But for today's machines, the OS isn't built onto the motherboard, so there's no copyright claim.

    IBM lost this issue a long time ago, when Compaq made the first PC clone. That's why there's a PC industry.

    Apple could put DRM hardware in future Macs and encrypt future OS releases, like a game console. Not having done that, they're stuck.

    1. Re:Apple is going to lose - antitrust law by Anonymous Coward · · Score: 0

      You might have a prima facie case - but I don't think it'll pass the 'business necessity' defense in the last couple of paragraphs in your link.

      I.e. a one legged man couldn't sue Footlocker for forcing him to buy 2 shoes.

    2. Re:Apple is going to lose - antitrust law by garote · · Score: 1

      Apple puts DRM hardware in Macs already. Installing OS X with a non-Mac motherboard requires what is essentially a large crack patch (among other things).

      Besides, your own quote of the Clayton Act explains why OS X does not constitute an illegal tying arrangement:

      "The seller must have sufficient economic power with respect to the tying product to appreciably restrain free competition in the market for the tied product."

      By most measurements, Apple doesn't even have ten percent market share in either the "computer industry" or the "computer operating system industry".

      Try again, in ten years, when Apple approaches 20%... If, by then, anyone still cares.

    3. Re:Apple is going to lose - antitrust law by chmod+a+x+mojo · · Score: 1

      The seller must have sufficient economic power with respect to the tying product to appreciably restrain free competition in the market for the tied product."

      The product that is being "tied" is osX, not "an operating system" but a SPECIFIC operating system. There is no free competition for buying osX, therefore what the parent poster said should hold true... and Apple should not be able to enforce that portion of their EULA.
      --
      To err is human; effective mayhem requires the root password!
    4. Re:Apple is going to lose - antitrust law by garote · · Score: 2, Interesting

      The concept of "free competition for buying" a single offering produced by a single company is a contradiction in terms, like saying that Nintendo has "a monopoly" on the Nintendo DS. Your argument does not even make grammatical economic sense. Also, you have it backwards. OS X comes INCLUDED with every purchase of a Mac. The only way to be exposed to tying is to buy OS X when you don't own a Mac, which makes OS X the product that is doing the tying, NOT the product being tied. And even THEN, you are not required by the EULA to go out and purchase a Mac to run OS X on. You can just shove the DVD in a drawer. So there is not even any tying taking place. The only sensible legal question raised by the EULA and Pystar is about fair use: Are they allowed to prohibit you from hacking the software to run on whatever hardware you choose? Are they allowed to prohibit a company from selling hardware/software/services that facilitate this? This Clayton Act nonsense is a pleasant geek diversion being bandied about by Slashdotters who think they can interpret law like they can read code fragments.

    5. Re:Apple is going to lose - antitrust law by Yvan256 · · Score: 1

      So.... Microsoft requiring me to buy an Xbox 360 to play Halo 3 is also a case for an illegal tying arrangement? (or Nintendo Wii/Metroid Prime 3, or Sony PS3/whatever is the popular PS3 game right now).

      Apple is selling complete systems like they always have (think Atari ST, Amiga... there was no computer/OS distinction).

      Next step: sue Microsoft because they won't make Windows for our toasters!

    6. Re:Apple is going to lose - antitrust law by Gorbag · · Score: 1

      While I agree with the general tenor of your argument, I'm not sure even the fair use claim holds water. Fair use is for PARTIAL TIME LIMITED portions, not wholesale copies to be used forever. Fair use also only applies to copyrights, not patents. Some of the material in Mac OS X is patented, there are no "fair use" exemptions to getting a license to use them.

      --
      -- I speak only for myself
    7. Re:Apple is going to lose - antitrust law by mr_mischief · · Score: 1

      Selling a single out of a pair of shoes is not the same as selling an OS without a computer or a computer without an OS. Selling an OS at retail and tying it to a particular brand of computer is the business exception, not the rule.

    8. Re:Apple is going to lose - antitrust law by mr_mischief · · Score: 1

      You are not required to buy an XBox 360 to play Halo 3. You could buy the game and rent the console. I'm not sure that even amounts to tying. IANAL, but the examples of tying I've found require that they won't let you buy the game without buying the console. That the game is only compatible with a console that you are free not to buy I'm not sure qualifies. Ask a lawyer.

    9. Re:Apple is going to lose - antitrust law by SA22C · · Score: 1

      >Apple puts DRM hardware in Macs already. Installing OS X with a non-Mac motherboard
      >requires what is essentially a large crack patch (among other things).

      Well, this is both true and false.

      The install disc must be hacked to allow it to work on non-Apple hardware. This is unavoidable. However, once the system is installed on compatible hardware using an EFI bootloader, OS X itself can run totally unmodified. This typically isn't the case and some very minor patching is required to add device ids to existing drivers. OS X does not check any kind of TPM, nor does the OS itself depend on any kind of hardware DRM to run. It simply has a very narrow set of supported hardware which makes installing a bit of a chore. Once the system is running, as I mentioned, it's pretty damn smooth.

      My Toshiba notebook is 99% compatible and basically trouble-free. The only missing feature that really irritates are the function keys for brightness. Because of Toshiba's brain-dead software-only implementation of those keys, I can't adjust the brightness in OS X or any non-Windows operating system. Other than that, all my hardware was either supported out of the box, or with some devid jiggery-pokery. It benchmarks right in line with a MacBook, but at a fraction of the cost.

      Sounds good to me.

    10. Re:Apple is going to lose - antitrust law by 99BottlesOfBeerInMyF · · Score: 1

      The product that is being "tied" is osX, not "an operating system" but a SPECIFIC operating system.

      By that definition every product on the planet would constitute a monopoly. I don't think you're understanding either the letter or the intent of antitrust law. You don't have the right to getting multiple sources for a product one company makes. Seriously, can you think of any product that is not a monopoly by your definition?

      There is no free competition for buying osX, therefore what the parent poster said should hold true... and Apple should not be able to enforce that portion of their EULA.

      Except Apple doesn't sell OS X. They sell licenses to run OS X on Apple hardware. They sell Apple branded computers that ship with OS X as part of them.

      You can buy licenses for other OS's to run on Apple hardware (such as Windows). Apple has basically zero market share there and less that 10% of the install base. Apple makes up about 8% of the market for computer systems in the US and you can easily buy a Dell or a Sony system, so no monopoly there.

      Sorry but it is not illegal to tie products together in general. Antitrust makes it illegal to tie products when one constitutes a monopoly in its market and the other is in a separate, existing market. Good luck trying to convince the courts that OS X constitutes a monopoly. They even seem about to reject the iPod as a monopoly because they are leaning towards including cell phones as reasonable competitors.

    11. Re:Apple is going to lose - antitrust law by NicholFD · · Score: 1

      First, ALL sales of OS X, as software in a box, are UPGRADES. You have to previously own OS X, to purchase the current boxed version - it says this on the outside of the box. All other sales of OS X, are included with new Apple hardware. They are NOT two separate products or services (OS X & Apple Hardware). You can't buy OS X, unless you buy Apple Hardware. You can ONLY upgrade OS X, if you already purchased Apple Hardware. Apple has no "sufficient economic power" to "appreciably restrain free competition in the market" of PC's.

  72. What's in DX that's not in SDL+GL? by tepples · · Score: 1

    No, there are so few Mac games because DirectX doesn't run on Mac OS X. Among video game consoles, only Xbox and Xbox 360 run what could be called DirectX (hence the name Xbox). Several others, such as GCN, DS, PS3, and Wii, run something much more like OpenGL. But what is in DirectX that is not in SDL + OpenGL or Allegro + OpenGL?
    1. Re:What's in DX that's not in SDL+GL? by Midnight+Thunder · · Score: 1

      But what is in DirectX that is not in SDL + OpenGL or Allegro + OpenGL?

      The influence of a heavy weight like Microsoft. Believe me that counts for something.

      --
      Jumpstart the tartan drive.
    2. Re:What's in DX that's not in SDL+GL? by tepples · · Score: 1

      But what is in DirectX that is not in SDL + OpenGL or Allegro + OpenGL? The influence of a heavy weight like Microsoft. Believe me that counts for something. DirectX apparently doesn't count for enough to make Microsoft as dominant over video game consoles as Nintendo was in the NES era. So why can't more games be ported from PSP, PS3, Nintendo DS, and Wii, all of which use a GL-like graphics API, to Mac OS X? I'm guessing it has something to do with the relative inadequacy of the laptop-style integrated graphics chipsets that Apple likes to use in everything but Mac Pro.
  73. Re:No wonder Apple wants to stop PsystarDON'T UNDE by FLEB · · Score: 1

    OS X is made to work on Macs, and therefore people are in no position to complain if they install it on something that isn't a Mac and Apple subsequently break that installation.

    I still say there's some leeway for gripes if Apple specifically targets non-badged installations with an unnecessary and artificial "poison update". I'd agree that it is Apple's right to do that, for the reasons you said, but one can still be technically right, but an asshole for practical purposes nonetheless.

    --
    Information wants to be free.
    Entertainment wants to be paid.
    You just want to be cheap.
  74. Dear god, man! by SanityInAnarchy · · Score: 1

    TFA is wrong. they sell it as a....

    On most mac's i've owned....

    But what I have noticed is too things.... For example, who can foreget the old nightmare days if configuring soundcards or interupts on PCs[ed: take a deep breath, there should be a comma here] and the difficulty of finding software that worked with your card. Macs all had (somewhat) high end sound cards from very early days[ed: Another comma!] and the driver's for them in the OS distro. So developers could assume they existed.

    As a result[comma!] even though I might not actually need some cheerful toon in some piece of software I bought....

    nice... this meant my macs had longer service lifetime[comma!] because I was not going and trying to find comaptiblilty extensions and drivers. the old macs had them.

    the only place where ala-carte specing...

    I don't usually bring it up, but that has to be probably one of the better comments that I've read, in terms of actual content and meaning, with perhaps the worst error/paragraph ratio outside of MySpace! Seriously, a little study would make it a lot easier to read. It's for your own good.

    And as a response: I upgrade frequently enough that if I missed something that I actually wanted this time around, I'll get it next time. And all those little things tend to add up to more than I want to spend, just about every time I've looked at a Mac.

    That, and they don't have a low-end offering, at all. There's really not much out there to compete with the EEE PC.

    --
    Don't thank God, thank a doctor!
  75. The bottom line is what counts. by Anonymous Coward · · Score: 0

    I have a hackentosh I bought components to see if I could run osx on and get away from vista.

    so, after using it for about 30 days- as a long time MS and a some time linux user I have to say it is the best OS I have used, not perfect but miles better than vista.

    Because of this positive experience I am going to be buying all macs for my business.

    1 hacked mac- loss of $150
    4 macs and apple stuff SAS etc. - over 10k

    pretty good deal for steve I would say.

  76. Advertising stunt to sell regular Winblows PCs by gearloos · · Score: 1

    I think it was just to draw attention to them, to separate them from the endless stream of cheap pc manufacturers. Now that ./ and the world see them as the guys who got shut down by Apple they can go on to sell the "modified" version for Winblows only. If they didn't have this what would they have? A single line coming up in an Amazon search of "pc's under 400$.

    --
    "Computers are a lot like Air Conditioners" "They both work great until you start opening Windows"
  77. EULA Does Not Hold by Jane+Q.+Public · · Score: 1

    United States courts have a long string of precedent that says essentially this:

    If you walk into a store (or buy mail-order or online), and lay down your money for a product, before making any other kind of prior agreement, then you have PURCHASED that product, not "licensed" it. Regardless of what any "shrink-wrap" or "click-wrap" license says.

    Believe me, manufacturers of EVERY kind of product other than software have tried this EULA crap, and been unilaterally shot down by the courts. The principle is simple: if you have not ALREADY agreed to some kind of contract before you pay, then after-the-fact "agreements" are null and void.

    Since this legal principle holds true for just about every other product on earth, I fail to see why software should be different. In fact, it should not be different, and also in fact, I do not believe the federal courts in the U.S. have ever resolved that issue in regard to software.

    But once again: for just about every other product in existence, if you paid your money BEFORE you "agreed" to any contract, it is yours to do with whatever you wish. Subject, of course, to copyright laws. That is to say, you still can't copy it and sell copies. But you can install it on any goddamned machine you want. And there is LOTS -- by now centuries -- of legal precedent to back you up, no matter what the big software companies try to make you believe.

  78. Just one thing by garote · · Score: 1

    The company (Psystar) is based in Miami. If this was linked on Fark it would be under the "FLORIDA" tag, ... and we'd all know everything we need to know.

  79. Site's Up! by Anonymous Coward · · Score: 0

    http://www.psystar.com/

    It's now called the "Open Computer," and there's an "OpenPro" option for $999, too!

  80. Only in FOBR America... by woolio · · Score: 1

    Amazing... Companies can thrive by suing those who increase their sales!

    1. Re:Only in FOBR America... by pipatron · · Score: 1

      Amazing... Companies can thrive by suing those who increase their sales!

      Apple sells hardware.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:Only in FOBR America... by mjwx · · Score: 1

      Apple sells hardware.
      No. Apple sells a logo, they are a marketing company.
      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    3. Re:Only in FOBR America... by 99BottlesOfBeerInMyF · · Score: 1

      Apple sells hardware.
      No. Apple sells a logo, they are a marketing company.

      You're both wrong. Apple sells complete computer systems (among other things). This includes hardware and software. They sell under a trademark which they (like most companies) considers an important asset and markets. You could just as accurately claim Honda doesn't sell cars, just the Honda logo since they spend money marketing their brand. Nonsense.

  81. Re:No wonder Apple wants to stop PsystarDON'T UNDE by tm2b · · Score: 1

    That's a really bad analogy. You're absolutely entitled to ignore the terms of the GPL.

    The thing is, you have no rights to copy the software without the GPL: the GPL grants you a conditional right (an exception to the default restriction against copying copyrighted work), it doesn't remove any rights.

    --
    "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
  82. No, I promise that isn't it. by StarKruzr · · Score: 1

    Can you tell me why? (Hint: There already exists a machine that ALMOST fits the description I gave.)

    --

    +++ATH0
  83. Yep by StarKruzr · · Score: 1

    Trying to sell OS X by itself is economic suicide.

    I don't disagree. But I'm not calling for that -- I'm calling for a Mac Pro Jr., because hardly anyone actually NEEDS a Mac Pro as it currently exists. The fact that people buy them doesn't mean it matches their needs - just that it has a feature set that is greater than what they need.

    --

    +++ATH0
    1. Re:Yep by 99BottlesOfBeerInMyF · · Score: 1

      I don't disagree. But I'm not calling for that -- I'm calling for a Mac Pro Jr., because hardly anyone actually NEEDS a Mac Pro as it currently exists.

      This could happen some day, but for now I assume my particular wants (and I would purchase just such a machine) probably do not reflect the sales opportunity. I'm assuming that Apple's formal research into potential new systems is probably a lot more thorough than my or your wish that it would sell enough to make them money and grow their install base.

      he fact that people buy them doesn't mean it matches their needs - just that it has a feature set that is greater than what they need.

      I own a Mac pro tower. It is 8 years old and has been running constantly aside from moves and sees daily use as a home server for fileserver, music, DVR, DVD player, guest terminal, and media download/streaming. At the time of purchase it was their midrange offering and it was expensive. That said, it has actually proved itself quite a bargain. 10.5 is the last version of OS X that will support its dual G4, 533Mhz processors so I'll probably retire it in the next four years and give it to my nieces as a Web and e-mail box.

      If Apple had offered a minitower at the time, I probably would have bought it. If they offered one now, I'd probably choose it as my replacement mini-server. That said, I'm not really sure Apple's market strategy has not worked out for both of us so far.

  84. He wouldn't have to guarantee that at all. by StarKruzr · · Score: 1

    Apple could simply sell upgrade cards or say "this one card works, and we make no guarantees about others." Just like they do with the Mac Pro.

    Why does everyone forget that the Mac Pro exists when this concept is brought up?

    --

    +++ATH0
    1. Re:He wouldn't have to guarantee that at all. by aliquis · · Score: 1

      But then most of their consumers probably don't want to bother with sockets, fsbs, and supported CPUs and memory speeds, but then again I agree that being able to use lots of ram, 4 graphics cards and lots of xeon cores are overkill for most and especially me.

      But as others have pointed out, they probably belive (and are right) that there are way to little money in the lowend market, and that the additional features of the mac pro doesn't cost that much more on top of the already high price.

  85. Monopolist? Not so much. by weston · · Score: 1

    I know why Jobs cares. He is every bit as much a wannabe monopolist as is Gates. He loves total control and complete product lock down.

    The idea that Jobs is obsessed with product control is quite credible. Market control? The only way to make that stick is to define Apple products as their own market (and thereby make product control == market control). The reality is there's no market segment -- no general class of devices or software -- in which Apple has ever been able to exert the kind of pressure Microsoft has with Windows. Not even digital music retailing or music players.

  86. It looks like a joke to me :-) Some Observations by Douglas+Goodall · · Score: 1

    The web site is different. The cart doesn't work. The Site has no Copyrights. The domain has two name servers that resolve to only one IP address. The site appears to be the work of Rodolfo Pedraza, whos street address looks like a residence. The phone numbers look very suspicious and are probably not real. The whole site looks like an elaborate joke. But who is laughing?

  87. EULA only forbids installing? by mwvdlee · · Score: 1

    I don't have the full EULA, but TFA claims the AULA states OS-X must be installed on Apple-branded hardware.

    So..

    1. Buy a mac.
    2. Insert a new harddisk in mac.
    3. Install OS-X on the new harddisk using the mac.
    4. Move the harddisk to a clone.
    5. $$$.
    6. Repeat from step 2.

    I'm pretty sure it still breaks EULA, but IANAL; perhaps somebody else here knows for fact?

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  88. Re:No wonder Apple wants to stop PsystarDON'T UNDE by jacksonj04 · · Score: 1

    You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions: It's giving me specific conditions under which I can do something with the code (Section 5).

    Now, the next argument would be something along the lines of "It's copyrighted code anyway, so they're giving you permission to do something you couldn't before". Surely the same applies to OS X. You are granted a licence to use Apple's copyrighted code *as they want you to*
    --
    How many people can read hex if only you and dead people can read hex?
  89. Re:Reading comprehension by Anonymous Coward · · Score: 0

    He was talking about a MacBOOK a laptop. What laptop offers the ability to add a graphics card.

  90. I got on the site by Swift2001 · · Score: 1

    It surely seems real. You should try it now. I think it was probably not ready for the Dig-- er, the Slashdot effect.

    But here: the $399 price is really Dell marketing. It doesn't include the OS. It has an Intel graphics card and no firewire. If you get all that, you have a $749 computer. And no monitor, mouse or keyboad. So, let's say this "$399" computer costs about $1,000, if you want it to be something more than a Mac mini. Oops. No wi-fi yet. See?

    Now, you'll be forever reliant on the pirate hackers for upgrades. Still sound like a good deal?

  91. Apple should leverage Vista's weakness & cheap by celer77 · · Score: 1
    So I don't get this, your primary competitor just fumbled their latest major release, and clearly people like Apple's software, so why not really let the masses get their hands on it cheaply, get them addicted now while they are really looking for alternatives.

    So IMHO Apple should turn this into an opportunity, spec a middle of the line hardware spec for 3rd party PC vendors, and then offer an approved version 'Mac OS X Lite' which is really cut down but only works on the 3rd party hardware. Sell it for the same price as Mac OS X, so that if you buy a clone you'll always have to buy the lesser version.

    This way Apple controls the differentiator. It seems they would be excited about extending their market share, I bet they probably would net the same kinda profit off a mac mini that they would by selling OS to a 3rd party vendor.

    And if they were really thinking about this strategically, they would require the cloned PCs to have a nice 3D chipset so that game companies start to see their platform as a more appetizing one to build games for.

    - celer

  92. Re:Reading comprehension by mollymoo · · Score: 1

    Alienware did one once. Then never released any upgrade cards.

    --
    Chernobyl 'not a wildlife haven' - BBC News
  93. http://www.psystar.com/ by Phil_at_EvilNET · · Score: 1

    The site is up - Looks like they were actually redesigning the website while it was off line. Here's the URL: http://www.psystar.com/openmac_the_apple_alternative.html If I had some cash to blow, I'd buy one now. Hopefully the site will last long enough for me to get that vaporware government check we've all been hearing about.

    --
    To avoid corruption, one must remain dishonest.
    1. Re:http://www.psystar.com/ by 99BottlesOfBeerInMyF · · Score: 1

      The site is up - Looks like they were actually redesigning the website while it was off line. Here's the URL: http://www.psystar.com/openmac_the_apple_alternative.html [psystar.com] If I had some cash to blow, I'd buy one now. Hopefully the site will last long enough for me to get that vaporware government check we've all been hearing about.

      You might want to rethink that. The guardian looked into the company and found that there is no evidence they have ever sold anyone anything. The original address listed was a private home and the new one is a shipping company who claims to have never heard of them. In light of this, I'd hold onto my credit card number a bit longer and wait to see if they are a legit business going forward.

      My suspicion is this is a one or two man attempt to start a new business and they obviously did not consult a lawyer before launching their new scheme.

  94. Re:Apple should leverage Vista's weakness & ch by Tyrannosaurs · · Score: 1

    Microsoft aren't Apple's main competitor. They're not a software house, they're a consumer electronics company.

    Besides, a large part of the reason Apple don't suffer the same problems as Microsoft is because they control the hardware. They don't have to worry about supporting a million graphics cards, they only have to support what they choose to use. Start supporting clones (let alone a bunch of versions of "OS X lite") and within a couple of releases they'll be mired in compatibility issues.

    In exchange for this what do they get? Currently they make enough on a Mac that they'd have to shift a bundle of clones to make the same and a load of people who would have bought a Mac will now buy a clone. The clone manufactures once licenced will start demanding big discounts (copies of Windows ship to OEM's for as little as $25).

    Say it's $50 for an OEM OS X - they're going to have to sell 5 clones for every mac the lose just to break even. And the reason Apple don't sell more isn't really down to cost anyway, it's not as price elastic as you make out. As often as not it's down to people not wanting to change (for a load of good reasons, good and bad, I spent 18 years as a loyal Microsofty and never regretted it, it was absolutely the right thing at the time), it's about compatibility (perceived and actual), it's about platform standardisation (among corporates) and it's even about brand loyalty to Microsoft.

    And for all the "urgh, look how shitty Vista is" it's the fastest selling version of Windows ever. Most people have, as ever, just dropped their trousers, bent over and, without the so much as a drop of lube, upgraded.

    The reality is that there isn't going to be a massive scene change because of Vista, regardless of what Apple do, the movement away from MS (if it happens) will be gradual.

  95. So maybe that explains it... by Anonymous Coward · · Score: 0

    Maybe that explains why Software Update all of a sudden shows an EFI update that "enhances stability". Of course NOWHERE on Apple's site does it specify AT ALL *what* exactly this EFI "upgrade" changes to "enhance stability"...

  96. Re:Apple should leverage Vista's weakness & ch by mr_mischief · · Score: 1

    Apple specs the hardware for Macs. They write the software for Macs. They write the drivers for Mac hardware for their OS.

    MS writes an OS that runs on whatever POS hardware your great aunt bought at Radio Mart for $35 on clearance. There are tens of thousands of things you could stick into the slots of that monstrosity for your great aunt, each with a driver written by the hardware manufacturer that may or may not have passed MS's tests (or even been subjected to them). MS in particular gives video drivers a lot of access, still, to the video drivers for performance reasons. It's entirely possible for NVidia's driver to crash your OS (and it sometimes does!).

    People think of Macs running OS X as stable and reliable. People think of PCs running Windows as rough-edged pieces of crap. What's more, they're right but much of that is based on the hardware people use for Windows.

    It's true that many people find Windows to be an inferior OS in the first place and that MS has some abusive business practices. Still, running Windows on a Dell XPS, a Sony Vaio, or a well-built quality home build with good, solid drivers is entirely different from running it on Joe's 'Puter Shack Model 2 with the $12 motherboard and $10 RAM.

    You have part of the solution with your spec for a clone being written by Apple for third parties. Those third parties would have to be policed pretty heavily to make sure they're not pushing the machines as compatible with everything PC. If people think they're getting a Mac compatible and it crashes and burns just like Windows, then those people will never step up for a $3000 Mac Pro.

  97. Already Crushed by Apple by knuth · · Score: 1

    Apple has already forced Psystar to stop selling Mac-compatibles. Apple cited the EULA, which licenses installation on one "Apple-labeled computer."

  98. Re:Apple should leverage Vista's weakness & ch by 99BottlesOfBeerInMyF · · Score: 1

    So I don't get this, your primary competitor just fumbled their latest major release, and clearly people like Apple's software, so why not really let the masses get their hands on it cheaply, get them addicted now while they are really looking for alternatives.

    First MS is not a competitor to Apple. Apple specifically avoids competing in the desktop OS space because it is suicide. You say MS fumbled their Vista release. It certainly has been panned by the press. It doesn't matter. Competing in the OS space means going up against both XP and Vista at once. It also means whenever MS makes any sort of change that makes OS X incompatible, that is an additional cost for Apple. Basically, MS can introduce artificial flaws with OS X or any other desktop OS at will. Trying to compete in such an environment is doomed to failure, regardless of how much better OS X might be in a fair and competitive capitalist market.

    Lets put it this way. The vast majority of people in the market for an alternative OS will buy from Apple regardless of the hardware lock-in. If, however, OS X is available on other hardware a portion of those will buy the other hardware, but given the Windows lock-ins, lower priced hardware is unlikely to actually grow the market. It doesn't matter if the box is $200 bucks cheaper, if replacing all your already purchased applications will cost you $2000 and if you have to reengineer your intranet applications to work in something other than IE and if it also introduces dozens of other incompatibilities with your other systems and partners. Remember, MS sells very little in retail channels. desktop OS customers are large enterprise site licenses and OEMs looking to include it in their shipping complete systems. Current mainstream OEMs won't touch it because MS can retaliate against them and kill their Windows business (it would be betting the farm, something no large business finds acceptable). That means new OEMs (without and install base) and enterprise customers are it. Enterprises looking to switch have Linux and the muscle to customize it. New OEMs will be taking hardware market share from whom most likely, Dell or Apple?

    In short, your post presupposes that selling OS X on white boxes would grow the OS X install base significantly. In a monopolized market, that is unlikely to be the case as Apple found out in the 90's when they tried it. On top of that, most new OEMs would be targeting the low-end, which means trying to present comparisons to existing high-end systems. That means cheap, less reliable components with similar "numbers" to Apple systems. It cannibalizes Apple's hardware business while at the same time hardware related failures are regularly blamed on the OS poisoning Apple's brand not only for computers, but also iPods and iPhones. I'd love there to be a business case for it. I'd love it if licensing OS X for whiteboxes would grow their install base and weaken MS. Sadly, that is almost certainly not the case.

    So IMHO Apple should turn this into an opportunity, spec a middle of the line hardware spec for 3rd party PC vendors, and then offer an approved version 'Mac OS X Lite' which is really cut down but only works on the 3rd party hardware.

    Again, crippleware would dilute their brand and cut into hardware sales. Where's the upside for Apple? Why do you think this would increase OS X's market share overall?

    This way Apple controls the differentiator. It seems they would be excited about extending their market share, I bet they probably would net the same kinda profit off a mac mini that they would by selling OS to a 3rd party vendor.

    Apple is very interested in growing their market share. In a free market, what you propose would make them money. Until other OS's make up at least 30% of the installed desktop OS's though, pretending the market is competitive does not help. Apple's strategy is to slowly chip away until it gets to that point and hope other entrants (low end linux desk

  99. Re:Reading comprehension by Anonymous Coward · · Score: 0

    I'm pretty sure Lenovo does.

  100. Re:No wonder Apple wants to stop PsystarDON'T UNDE by 99BottlesOfBeerInMyF · · Score: 0, Flamebait

    You obviously don't understand what's involved in releasing an update to an operating system. For starters, they're not going to recall existing copies off of the shelves.

    Actually, they might pull it from the shelves if the EULA does not stand up.

    They might try to kill it through Apple Update...

    Likely.

    ...and then tell the purchaser that it's not their fault that their operating system doesn't run on approved hardware any longer.

    Do you mean unapproved hardware? They could just disable it and tell consumers the version they are using is in violation of their copyright and trademark and that they should contact PsyStar for a full refund.

    They might not have a quick fix at all that doesn't break too much existing gear.

    Unlikely. Several core libraries have copy protection that can be activated, which will break a lot of OS X.

    Of course that's outright TERRIBLE PR for Apple themselves since if any of these people had intended to buy Apple branded hardware they would have done so in the first place.

    Yeah, but they won't have any trouble spinning it. These things were marketed using Apple's Mac trademark in their name. It was completely stupid move which leads me to believe one of two things:

    • - Psystar does not really intend on selling these and is just looking for publicity to sell other products or are being paid to dilute Apple's brand.
    • - Psystar did not talk to any competent IP lawyers before making this move and are about to die, die, die.

    More likely they'll try to kill it through the courts..

    Umm, try? The copyright, EULA thing is something that the courts could debate for a while. The trademark thing is open and shut and Apple can have an injunction in days while the courts decide how much damages Psystar will have to pay for stupidly violating a registered trademark like this.

    All this does is prove how overpriced Apple gear really is.

    Umm, did you end with an attempt to troll? Consumer reports rated Apple's 2007 laptop offerings as the most reliable in the industry and having smaller margins than the second and third place vendors for small sales margins. They labelled the mac mini the best compact system buy for several years running.

    Apple does not have much on the low end and because you are locked into one hardware vendor you're more likely to have to buy features you don't need to get one you do need. For what they offer though, they have been cheaper than comparable offerings in all but the tower space for years now. 2002 would like their argument back.

  101. They wouldn't have to. by StarKruzr · · Score: 1

    Those consumers can buy iMacs.

    that the additional features of the mac pro doesn't cost that much more on top of the already high price.

    The additional features are the REASON for the high price. Start with Xeons and FB-DIMM RAM -- without that, the Pro would be a sub-$2000 box.

    --

    +++ATH0
    1. Re:They wouldn't have to. by aliquis · · Score: 1

      But macs are expensive to begin with, sure that doesn't help, but I guess it doesn't add as much on the price as if you compared one of the cheapest dell boxes with similair equipment.

      I to would choose most bang for the buck quad core 2 duo, ddr3 and a single pci-express card thought.

  102. Retraction by knuth · · Score: 1

    Sorry, spoke too soon. No other site is reporting such an agreement, and Psystar seemed to still be selling this system, albeit under a different name.

  103. Re:No wonder Apple wants to stop PsystarDON'T UNDE by Nom+du+Keyboard · · Score: 3, Insightful

    All this does is prove how overpriced Apple gear really is.
    Umm, did you end with an attempt to troll?

    When another company can make a profit selling a more powerful system for half the price, it's not trolling to point out the obvious that the more expensive one is likely overpriced. Only hyper-sensitive Apple FanBois (who did pay too much) can take offense at common sense.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  104. Re:Apple should leverage Vista's weakness & ch by argent · · Score: 1

    I agree that going up against Microsoft would be a mistake, at least until they build up a tolerance to iocaine powder. But I have to disagree with one thing:

    In short, your post presupposes that selling OS X on white boxes would grow the OS X install base significantly. In a monopolized market, that is unlikely to be the case as Apple found out in the 90's when they tried it.

    In the '90s:

    (a) Mac OS really did suck an awful lot. Compared to Windows 95, even, Mac OS was a poor sister. I tried using OS 8 and OS 9 on Powermacs and it was appalling: it was slower than NeXTStep on a 68040. The memory management and disk IO in classic Mac OS was so bad that if you booted BeOS and ran OS 8 under Sheepshaver your Mac was more responsive, because BeOS handled the disk for you.

    (b) If you bought a Mac clone and didn't like the OS, you had no place to go, there was no Windows alternative for your hardware, so there was nobody but existing Mac users as competition.

    Today neither of these is true.

    Also, today, Apple is hurting sales by limiting their product line. I ran OS X on used upgraded Powermacs for years rather than buy one of their iMacs or eMacs. The Mac mini was barely acceptable... it wasn't upgradable but it WAS headless (and even then I was shocked they released it after Steve Jobs comments about "no ugly monitors"... it must have been like drinking his own blood to make even that concession to practicality).

    They still have no conventional desktop. The intel mini is less adequate, in 2008, than the original mini was when it came out. The iMac is an all-in-one.

    I did eventually get a Macbook Pro. Getting a computer that cost that much was like drinking MY own blood, but I needed it at the time. I would have gotten a Macbook, but again they're unacceptable... thanks to the horrible intel GPUs... I can get a Thinkpad with exactly the same components as the Macbook plus an nVidia GPU and a MUCH better keyboard, trackpad, and overall design (including a docking station, something I miss every time I have to find all the cables when I plug my laptop in) for the same price as a Macbook.

    If Apple got together with Lenovo and made a Thinkbook, and released a "Mac mini pro" with a 3.5" hard disk and a real GPU, they would sell more copies of OS X, because there's a lot of people like me who really do NOT like Apple's hardware and aren't quite as motivated by the software to put up with it.

    Until they start shipping hardware that's attractive to a larger market, people are going to want to buy generic OS X and put it on hardware that sucks less. That's a real market, one that didn't exist in the '90s, because Apple's hardware wasn't as quirky and Apple's software wasn't as good.

  105. Re:No wonder Apple wants to stop PsystarDON'T UNDE by 99BottlesOfBeerInMyF · · Score: 1

    When another company can make a profit selling a more powerful system for half the price, it's not trolling to point out the obvious that the more expensive one is likely overpriced.

    I take it you did not actually look at a what Psystar were offering for a given price? First they were paying for an upgrade to OS, not the development cost. Second, we have no idea what quality of parts were used, but I'm willing to bet they were not the most reliable in the industry, a title Apple got from consumer reports last year. Their "comparable system" is missing firewire, wi-fi, doesn't have a silent fan and sure isn't in a small footprint case and motherboard. Who knows what else because they haven't published the full stats. They don't even list what ports it does have. The only reason we know it doesn't have those is because they are upgrade options.

    Only hyper-sensitive Apple FanBois (who did pay too much) can take offense at common sense.

    So Consumer Reports, an unbiased company that won't even take ad dollars from Apple or anyone else, said Apple's hardware was more reliable and had lower margins than their next closest competitors. You're arguing that a machine you don't know the stats of is equivalent for half the price. Any you think that is a compelling argument? I'm not taking offense at common sense, I'm astonished that you can make such a claim seriously. Believe what you want and good luck learning about that "reason" stuff the rest of find so useful.

  106. Re:Apple should leverage Vista's weakness & ch by 99BottlesOfBeerInMyF · · Score: 1

    Also, today, Apple is hurting sales by limiting their product line.

    Sorry but I have to believe Apple has done more market research than you. You anecdote is great and all, but fairly irrelevant. In general, you haven't presented any data to support that licensing their OS would result in significant instal base increases. Given the inflexibility of a monopolized market, economic models show that it is unlikely. You might want it to be the case, because it would give you more choices of hardware, but that is not a reason why it would be.

    If Apple got together with Lenovo and made a Thinkbook, and released a "Mac mini pro" with a 3.5" hard disk and a real GPU, they would sell more copies of OS X, because there's a lot of people like me who really do NOT like Apple's hardware and aren't quite as motivated by the software to put up with it.

    First, why Lenovo? They have lower reliability ratings than Apple, does, especially in the desktop area. Second, why would Lenovo do it, given that MS might retaliate in the next round of OEM licenses for Windows. MS can kill their ability to compete on price, and that would largely destroy Lenovo's business selling Windows (something no CEO in their right mind would be willing to risk). Yeah, some people don't like Apple's hardware, but very few are forgoing purchase of Macs for that reason, that would be likely to be real buyers otherwise.

    Until they start shipping hardware that's attractive to a larger market, people are going to want to buy generic OS X and put it on hardware that sucks less.

    The vast majority of people don't want to put OS X on their machine for many reasons. They don't know what OS X or even an OS is. They need software that is only available on Windows. They have an investment in software they would have to throw away moving to OS X. They need to interact with Windows only servers or online services. That is mainly what limits Apple's market share, not hardware models or even price.

    Even if Apple were to do it, MS could simply roll out update after update that broke compatibility with Macs, each costing Apple time and money to overcome. They could further cancel software for the Mac that is needed in business (MS Office for example) and software which is needed by many in the home (Windows Media Player for their porn). All these would stop Mac market share from growing while costing Apple a bundle in dev costs at the same time other companies were getting large chunks of their hardware sales. It is a fairly lost cause while MS has such a large market share and so many lock-in strategies in place.

    Apple ships about as many models as other system vendors their size. As they slowly grow, they have been adding more models in the segments their research shows the most demand. I never would have guessed the MacBook Air filled such a market, but sales numbers seem to indicate otherwise. There is a perception an Slashdot that people here are representative of computer buyers. Disabuse yourself of that idea. Most people don't know what an OS is or want a particular one. Most people don't want any upgradability in their machine and will simply buy a new one if they want an upgrade. Most people don't even want separate monitors as strange as it sounds to technical people here. Judging potential markets based upon your wants or those of technical people is simply inaccurate. Sorry. I'd love to buy OS X and put it on a whitebox myself, but that doesn't make it a reasonable move for Apple and it doesn't mean Apple can continue to develop OS X and make money doing it.

  107. Not at all. by Jane+Q.+Public · · Score: 1

    The customer does not HAVE a "contract" with Apple. Apple has an after-the-fact attempt at "licensing" pop up on the screen when installing the software. Go get your legal books. An attempt to force one-sided conditions on a customer AFTER the product has already been purchased is not a "contract" at all. In fact, it violates the very concept of what a contract is: a mutually-beneficial agreement that is negotiated between two parties.

    Further, because the conditions are strictly one-way, even if it were a legal contract it would be a "contract of adhesion", against which courts are deliberately biased.

    1. Re:Not at all. by seanadams.com · · Score: 1

      Yes. Duh. I am well aware of the controversy over the enforceability of EULAs, and I so qualified my statement.

      I was pointing out an angle on this that everyone else had missed - that the manufacturer could be liable here even though they are not a party to the EULA.

    2. Re:Not at all. by Jane+Q.+Public · · Score: 1

      I don't see any "Duh" about this, because if what you say is true you contradict yourself in several places.

      But let's leave that aside, and look at the points you try to make. First, it is not possible for two parties of a contract to obligate a third party without that party's knowledge and consent.

      Second, it is HIGHLY debatable whether there is any "agreement" at all -- much less "contract" -- between Apple and a PURCHASER of its operating system from a retail provider.

      Therefore: in order for Apple to demonstrate that the retailer was interfering in a "contract" between itself and a third party, it would first have to demonstrate that its EULA was a "legal contract" in the first place. Good luck. It hasn't been done!

      Nobody in the software business has yet established in Federal court that a EULA is a "contract"... and there are centuries of precedent AGAINST the idea, because it HAS been tested in court for just about every other product in existence, and failed. And that carries a LOT of weight. Believe me, the idea has been tested, for just about everything EXCEPT software. Again and again and again. And personally, I believe that it hasn't been tested yet for software because they know they will lose. There is nothing about software that makes it special that hasn't been considered by the courts for 150 years.

      (If you want some history about copyright, software, and hardware, and the idea of "software being different from print because it controls a machine", read about the court decisions regarding player pianos, well over 100 years ago. There is NOTHING new going on here. And the old court decisions were good decisions.)

    3. Re:Not at all. by seanadams.com · · Score: 1

      Second, it is HIGHLY debatable whether there is any "agreement" at all -- much less "contract" -- between Apple and a PURCHASER of its operating system from a retail provider.

      You seem to be in violent agreement with me there. I already said as much in my very first post!

      I think you still don't understand what I'm on about. Google "inducing breach of contract".

    4. Re:Not at all. by Jane+Q.+Public · · Score: 1

      How could I know what you are "on about", if in fact you wrote something entirely different?

      Quote: "However, by selling someone a non-Apple machine designed to run OSX, they are guilty of intentionally interfering with their customer's contract (EULA) with Apple."

      That is what you wrote. However, if what you MEANT was that customers did NOT have a contract with Apple, why did you write otherwise?

      As I pointed out, you contradict yourself. Don't blame me.

  108. Apple go round blocking websites, yeh right. by bandmassa · · Score: 1

    Unfortunately almost immediately after the launch their website went down and as of this story remains unaccessible. The site was simply slashdotted , it's still there, sheesh.
    --
    "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
  109. Re:No wonder Apple wants to stop PsystarDON'T UNDE by MrAngryForNoReason · · Score: 1

    I'm therefore legally entitled to ignore the terms of the GPL (It was never presented to me before I bought the software) and distribute the code (Which is in the box, and therefore mine) however I want.

    The GPL isn't a EULA that restricts what you can do with the software, it is a license that grants you additional rights. If you choose to view it as invalid because you are unable to read it before opening the box then that is fine. Your right to copy and distribute the software is limited by copyright not the GPL. It is the GPL that grants you rights over and above copyright, one of which is the right to distribute the software under certain conditions.

  110. Re:Apple should leverage Vista's weakness & ch by argent · · Score: 1

    Sorry but I have to believe Apple has done more market research than you.

    I'm sure they have. They are also notorious for ignoring market research and doing what appears to be the wrong thing and getting big wins from it, and also coming up with monstrosities like a handheld computer that you can't fit in your pocket. They're also notorious for being amazingly resistent to doing sensible things until they can spin it as a brilliant idea... and all the hard core Apple fans forget (for example) that jobs said there would never be a headless desktop Mac and go all gaga about how cool the Mac mini is... ignoring the fact that it's a pretty awful desktop Mac.

    Apple does stupid things. All the time. But at least they do manage to change their mind sometimes, which puts them ahead of Microsoft... a company that's even more addicted to making stupid decisions and keeping them alive.

    First, why Lenovo?

    Because the Thinkpad is still one of the best all-round laptops around (if not the best), and because Apple has worked with the Thinkpad division in the past when it was part of IBM.

    Second, why would Lenovo do it

    They did it before.

    Yeah, some people don't like Apple's hardware, but very few are forgoing purchase of Macs for that reason, that would be likely to be real buyers otherwise.

    Yep, that's what people used to say about headless desktop Macs before Apple came out with the Mac mini. And a lot of people who would never have considered Macs before bought them.

    Apple ships about as many models as other system vendors their size.

    (a) Apple isn't in the same position as other system vendors. They're not just a system vendor. People who buy an HP don't have to worry if the next HP model line will fit their needs in three years, they know that Dell or someone else will.

    (b) No, actually, they don't. They have three desktop models, with two or three trim levels, and four laptop models, with one or two trim levels, and one tower. Thats' NOT comparable to any of the other big system vendors.

    Most people don't know what an OS is or want a particular one.

    If that were true Apple wouldn't have a market at all. If that were true we wouldn't be seeing "Vista" jokes in the mainstream media.

    Most people don't want any upgradability in their machine and will simply buy a new one if they want an upgrade.

    Assuming there is a computer available that fits what they want to upgrade to. Often they don't, and people know this. People aren't as naive and thoughtless as you're trying to characterize them as. There's a resistance to buying into Macs because they know it will limit their options. Even my AOL-loving inlaws who I should probably be charging at least a "friends-and-family" rate for tech support know about this, it was one of the first objections they came up with to getting a Mac.

    Apple could solve this problem by increasing the upgradability of their computers, by increasing the variety of their product line, or by allowing people to buy Mac OS X and run it on third party hardware. Of these options I have already agreed with you that the third is least likely... because Microsoft would screw them big time.

    I'm not arguing for Apple putting OS X on a white box, I'm responding to your argument that what happened with Power Computing and the other vendors has anything to do with the current situation. They are not comparable.

  111. Beefing it up a little? by Anonymous Coward · · Score: 0

    Anyone know whether one can add ethernet (so you can use the net etc), sound , wireless networking , bluetooth or a remote control to this not so little number? (as well as Firewire etc) . Will it run iLife if you buy it?

    You know, to bring it up to basic MacMini configuration? ;-)

    Cheers

    Rod

  112. Re:Apple should leverage Vista's weakness & ch by 99BottlesOfBeerInMyF · · Score: 1

    I'm sure they have. They are also notorious for ignoring market research and doing what appears to be the wrong thing and getting big wins from it...

    Really. What evidence do you have to support that Apple acts contrary to their market research? I've never heard such a thing.

    ...and also coming up with monstrosities like a handheld computer that you can't fit in your pocket...

    I'm not sure what you're referring to here either. Please be specific.

    They're also notorious for being amazingly resistent to doing sensible things until they can spin it as a brilliant idea... and all the hard core Apple fans forget (for example) that jobs said there would never be a headless desktop Mac...

    Can you provide a link to that quote? Google does not seem to provide any such quote in the first 20 hits.

    ...and go all gaga about how cool the Mac mini is... ignoring the fact that it's a pretty awful desktop Mac.

    The people that go "gaga" over how cool the Mac-mini is are not looking for a desktop Mac. They're looking for a cheap, small form factor machine and many don't even run OS X on it. The Mac mini is often regarded as best in its class because of its small size, relatively low price, and silent and relatively cool operation. It is perfect for mounting in small places, use in environments where noise is a concern (audio, home theater, etc.), building into robotics projects, etc. People on Slashdot like it, not because it is a viable midrange desktop Mac, but because it is smaller, cheaper, and better for geeky uses than pretty much all the shuttle-PC options out there. Some people are happy that it provides the lowest-end OS X system on the market and that was certainly Apple's target market, but that's not generally the applications you see it praised for, especially here on Slashdot.

    Apple does stupid things. All the time.

    They do things you perceive as stupid. That doesn't mean you're not just wrong or poorly informed. They're making a lot of money making those decisions, some of which are admittedly risky. Enough of those risks are paying off. If you think you can do better, start your own company.

    Because the Thinkpad is still one of the best all-round laptops around (if not the best), and because Apple has worked with the Thinkpad division in the past when it was part of IBM.

    The Thinkpad targets the exact same market as Apple's existing offerings, is slightly less reliable, and independent reviews often lists it as a close second to Apple's laptops. If they are going to partner with someone for expanding their offerings, shouldn't they go with someone that targets a different market entirely? Your argument sounds like it is founded in your desire for OS X on a ThinkPad, which you then have tried to come up with a reason for.

    They did it before.

    As I recall, IBM considered manufacturing Macs, using Apple's hardware design as well as OS. Lenovo is not IBM and IBM did not end up doing it. Again, what reasons would Lenovo have to do this in face of the huge risk it poses?

    Yep, that's what people used to say about headless desktop Macs before Apple came out with the Mac mini. And a lot of people who would never have considered Macs before bought them.

    Yeah, except the Mac mini makes Apple less money than any other system they sell (it has the smallest margins). It also has some of the lowest overall sales among mac offerings. Many analysts have been predicting it will be cancelled as a result, although they haven't been correct yet. I actually think Apple sees the mini as sort of a loss leader. They use it to target the lowest end market entrants in the hopes up an up-sell on their next purchase. They do this knowing it cuts into iMac and MacPro sales. So what makes you think the market and profits on a h

  113. Look at it this way by caveat · · Score: 1

    Apple isn't really a "PC" manufacturer, they're more a "systems" company. Would you expect to be able to order a fan for an Ultra 45 or IntelliStation yourself?

    Disclaimer, I have a dual G4, and generally like Apple. I agree though, their service system is a joke, they aren't IBM and they shouldn't try and act like IBM. I've fixed my computer myself more than once, actually one of my fans is a replacement that I just spliced the power connector to myself. As a sibling poster said, call an independent dealer, or go looking around online, the info's all there.

    --

    Facts do not cease to exist because they are ignored. - Aldous Huxley
    1. Re:Look at it this way by ender- · · Score: 1

      Apple isn't really a "PC" manufacturer, they're more a "systems" company. Would you expect to be able to order a fan for an Ultra 45 or IntelliStation yourself? Yes, as a matter of fact I do. When we've got a Sun server/workstation that is out of warranty and has a broken part, I know I can look on the Sun website and at the very least get the part number even if Sun no longer sells that part themselves.

      At the time this occurred, I could find no information on Apple's website regarding what the part number might be for that fan.
  114. Huh, I didn't know that by caveat · · Score: 1

    The only high-end vendor I ever dealt with was SGI and we couldn't get part numbers ourselves, we had to get a tech rep to come out. Score 1 for Sun...like I said, I'm not saying I agree with that sort of behavior, but I can at least see where it's coming from.

    --

    Facts do not cease to exist because they are ignored. - Aldous Huxley
  115. You're arguing with someone else. by argent · · Score: 1

    You're arguing with someone else, you're not arguing with me. A couple of the more egregious examples:

    MS still has monopoly influence to limit Apple's potential customer base

    Look, in both previous messages I acknowledged that point. Bringing it up again is irrelevant.

    That is NOT a common factor between now and the '90s.

    Why?

    Because that's not one of the things that killed the third party Macs. Apple wasn't selling an OS in competition with Windows (no, I don't count Microsoft's Power PC version of NT as anything but bait). Microsoft didn't have to threaten to hurt Power Computing's sales of Windows, because they didn't HAVE any.

    I understand your perspective, but I still think you're trying to come up with reasons as to why Apple might fulfill your dreams and let you give them less money while giving Lenovo more money.

    I don't care who gets my money, and that's more or less irrelevant because I'm not in the market for a laptop, period. I already have one that's going to last into the next decade, by which time the market will have changed again. I'm using this as an example of one possible way that Apple could address the problem. Another way would be by improving their current product line. A third (and, again, I've already said that's the least likely) is to license OS X.

    Oh, and, Apple and IBM Japan (a group that is now part of Lenovo) cooperated on at least one of the Powerbooks.

    You're also ignoring a lot of my points to attack statements that are close to but not quite what I said, for example:

    According to the last survey I saw, 93% of respondents had claimed never to have upgraded their computer hardware instead of replacing it.

    I wrote "Assuming there is a computer available that fits what they want to upgrade to."

    Let me clear up ANY possible way for you to again misinterpret that.

    Read it as "Assuming that, when they want to replace their Mac with a new computer, there is a new Mac that fits what they want at that time."

    It doesn't matter whether it's a piecemeal upgrade or a forklift upgrade: even if Apple makes a computer that meets their needs now, when their needs change and they go to get a new computer... will there be one from Apple? Maybe. maybe not. If they bought their current computer from Dell they don't CARE if Dell has a computer to replace it with, because they can get a compatible computer from anyone.

    That doubles the potential cost of replacing applications.

    Again, people aren't stupid. They are capable of planning three years ahead when they buy a computer. Also, don't confuse familiarity with jargon for understanding of the issues. They may not know what "an OS" is, but they know that Macs aren't simply compatible with Windows apps, like they know Vista has driver problems without knowing what "drivers" are.

  116. Why waste time hacking OS X by Anonymous Coward · · Score: 0

    If this machine is as good as they say it would make a tremendous Linux box. Why poke at Apple with a big stick.

    Look at how the Everex gPC flew off the shelves. People want a cheap PC with Linux pre installed

  117. Return of the Clones by Anonymous Coward · · Score: 0

    Bill Gates [to Steve Jobs]: "So, you have a twin Psystar...If you will not turn to the Dark Side, perhaps SHE WILL!"

    [John Williams begins humming]

  118. Re:Reality check (for the mods this time) by ColdWetDog · · Score: 1
    OK you guys. Calm down. Macfixit really does exist, even if your palms gets sweaty and your heart starts to race when you hear about it. It's not a troll, not flamebait. How about putting the turtlenecks and jeans in the laundry for a bit and joining the rest of us in the Real World for a while?

    Typed on a nearly new, shiny and expensive (but wonderfully quiet) Mac Pro on Firefox whose 3 other tabs are pointed to (ouch, ooooo) MacFixit and Apple support. (One of the new "updates" has convinced the Pro that it doesn't want to share any files with anybody else on the network). Sigh.

    --
    Faster! Faster! Faster would be better!
  119. It could be a hoax: I found that link by Anonymous Coward · · Score: 0

    http://gizmodo.com/380488/psystar-exposed-looks-like-a-hoax

  120. PSYSTAR Support Team by Anonymous Coward · · Score: 0

    So i have you install OSX on the computer and the HDD
      dies for what ever reason i will have to ship the
      computer back to you for reinstall??

    --- PSYSTAR Support Team wrote:

              Dear Sir or Madam,

            We absolutely do not support customers attempting
      to install the
      Leopard operating system on our Open Computer
      themselves. This is due to
      a difficult process that we go through to get
      Leopard to function on our
      computers. We encourage you to purchase an open
      computer, and select the
      option to have Leopard Pre-installed.

            Thank you for your inquiries,
              PSYSTAR Support Team,
              www.psystar.com 305-356-3555

      On Wed, 2008-04-23 at 09:42 -0500, Appleman wrote:
      is there any problem installing my copy on your
      machine?

    Currently, that is the only option available. If the HDD dies, you can
    ship it to us for $50 plus shipping, so we can replace it for you,.
            Thank you for your inquiry,
            PSYSTAR Support Team
            www.psystar.com 305-356-6666