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$399 Mac Clone Most Likely a Hoax

timholman writes "According to Gizmodo, an investigation has shown that the $399 OpenMac is almost certainly vaporware, as is Psystar itself. The company's address has actually changed twice this week, according to its web page, and Psystar is no longer accepting credit card transactions. Too bad for those who may have already ordered an OpenMac."

233 comments

  1. Vaporware? Hoax? by 26199 · · Score: 5, Insightful

    If they've been accepting orders (and credit card numbers) for a product that doesn't exist -- isn't that called fraud?

    I know there can be concern about legal implications in making such statements... but surely the way to protect yourself is to make only statements backed up by evidence? Being vague is certainly not a way to sidestep libel laws...

    1. Re:Vaporware? Hoax? by Mordok-DestroyerOfWo · · Score: 5, Funny

      Maybe it was a Fraudian slip?

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    2. Re:Vaporware? Hoax? by Anonymous Coward · · Score: 2, Insightful

      Being vague is certainly not a way to sidestep libel laws...

      What do libel laws have to do with any of this? Or are you somehow trying to equate fraud with libel?

    3. Re:Vaporware? Hoax? by 26199 · · Score: 3, Informative

      Libel laws have a lot to do with it if you say someone is committing fraud and they aren't...

    4. Re:Vaporware? Hoax? by nurb432 · · Score: 1

      It isn't fraud if somewhere in the fine print they state the product isn't done, and you are 'pre ordering'...

      --
      ---- Booth was a patriot ----
    5. Re:Vaporware? Hoax? by Planesdragon · · Score: 5, Informative

      Libel laws have a lot to do with it if you say someone is committing fraud and they aren't... Libel's only possible if:

      1: It's not true
      2: A reasonable person wouldn't conclude that it is true.
      3: A different reasonable person might believe that you're telling the truth.
      4: Said person's disbelieve causes harm to the libelee.

      Slander and Libel are pretty tough things, but like Assault, they require a common sense test. (Accidentally bumping into someone on a crowded street is not Assault, even if they scream their head off.)
    6. Re:Vaporware? Hoax? by MulluskO · · Score: 2, Interesting

      Unfortunately defending against even an unfounded libel suit could be very costly.
      We've seen here on slashdot how lawyers can deprive you of liberty and property if you speak ill of them or their wealthy clients.
      Criticizing even an obvious scam : http://en.wikipedia.org/wiki/Who's_Who_scam : can get you into serious trouble in this country.

      --

      Too busy staying alive... ~ R.A.
    7. Re:Vaporware? Hoax? by Anonymous Coward · · Score: 0

      You are not a lawyer, idiot.

    8. Re:Vaporware? Hoax? by Poltras · · Score: 0, Offtopic

      You are not a lawyer, idiot. And you are not logged in, coward.
    9. Re:Vaporware? Hoax? by Ozeroc · · Score: 1

      Where is the "Touché" tag?

      Oz

      --
      ...
    10. Re:Vaporware? Hoax? by somersault · · Score: 0, Offtopic

      They removed it when /. descended into a continuous series of insults, glove slapping, and duels.

      --
      which is totally what she said
    11. Re:Vaporware? Hoax? by Anonymous Coward · · Score: 0

      Fine as far as it goes, but with allegations of criminal activity, the rules change in important ways in many states. For one, the burden of proof changes: the libeller must prove the statement true or lose by default. For two, damages are assumed and assumed high. For three, there are no reasonable person excuses. And so forth. Forgetting all those, there are still many mitigating circumstances that apply to slander and libel in even cases like these.

    12. Re:Vaporware? Hoax? by TheoMurpse · · Score: 2, Informative

      I think he was talking about when he just said that the company was being fraudulent, and he didn't want to be in trouble for libel (and that he knows his vague comment about "isn't that fraud?" doesn't necessarily sidestep libel laws).

    13. Re:Vaporware? Hoax? by LrdDimwit · · Score: 1

      In the US, only if it can be proved that either a) you knew it was false, and said it anyway; or b) you had a reckless disregard for whether or not it was true. Here the OP seemed to honestly believe them to be guilty of fraud; even though that's unlikely, he has a pretty good defense against any possible libel suit. No court is likely to find that it is 'reckless disregard for truth' that this could have been fraud.

    14. Re:Vaporware? Hoax? by mustafap · · Score: 1

      I once worked with one of the designers of the Sinclair ZX80 computer. He claimed that adverts were placed in magazines showing mockups of the product, and orders were taken before they even started designing the hardware.

      So maybe it's only fraud if you fail to eventually deliver :o)

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
  2. been here before by mustafap · · Score: 1

    A fool and his money are soon parted.

    --
    Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    1. Re:been here before by node+3 · · Score: 2, Funny

      So, it's OK then?

    2. Re:been here before by mustafap · · Score: 2, Funny

      I can see you put a lot of thought into that reply.

      No, it's not ok. But I'm certainly not going to be offering any sympathy to anyone who was stupid enough to pay for one.

      If a stranger came up to you in the street and offered you a seemingly great deal on a new product, asked for your credit card details and promised to drop it round next week, would you give them to him?

      If you would, I have a great product that you are going to love. Just post your credit card details here - I'll keep them secure - and I'll post it to you next week.

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    3. Re:been here before by VeNoM0619 · · Score: 1

      If a stranger came up to you in the street and offered you a seemingly great deal on a new product, asked for your credit card details and promised to drop it round next week, would you give them to him? If you would, I have a great product that you are going to love. Just post your credit card details here - I'll keep them secure - and I'll post it to you next week. No thanks, I'll stick to the strangers in the streets, they seem to be multitudes more reliable than you. Not to mention more local.
      --
      Disclaimer: I am not god.
      We may not be created equal
      But we can be treated equal.
    4. Re:been here before by Luscious868 · · Score: 0, Troll

      A fool and his money are soon parted.

      Then explain George W. Bush and his millions.

    5. Re:been here before by mustafap · · Score: 5, Funny

      >Then explain George W. Bush and his millions

      Easy. They're not his millions. They're yours :o)

      --
      Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    6. Re:been here before by calebt3 · · Score: 1

      Well, they take cash and actually give you something.

    7. Re:been here before by Anonymous Coward · · Score: 0

      He got fooled twice... won't get fooled again.

    8. Re:been here before by node+3 · · Score: 4, Insightful

      I can see you put a lot of thought into that reply. An odd criticism given your original post was just a regurgitated platitude.

      No, it's not ok. But I'm certainly not going to be offering any sympathy to anyone who was stupid enough to pay for one. So, you are saying you have no sympathy for victims of fraud?

      There's nothing wrong with criticizing the good sense of people who fall prey to a scam, but I find it difficult to come up with a non-contrived situation where the poor judgement, ignorance, or even stupidity, of someone who falls prey to fraud or a scam is sufficiently damnable as to justify the crime committed by the fraudster/scammer. How can you have no sympathy for an unjustified crime?

      It seems to me either they deserved what happened and deserve no sympathy, or they don't deserve what happened and thus deserve at least some sympathy.
    9. Re:been here before by LandDolphin · · Score: 1

      but I find it difficult to come up with a non-contrived situation where the poor judgement, ignorance, or even stupidity, of someone who falls prey to fraud or a scam is sufficiently damnable as to justify the crime committed by the fraudster/scammer


      How about those people that fall for the "Nigerian" scams? It is their own "poor judgement, ignorance, or even stupidity" that cost them as well as their greed.

      I dont have pitty for these people, do you?


      http://www.snopes.com/crime/fraud/nigeria.asp

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    10. Re:been here before by node+3 · · Score: 1

      How about those people that fall for the "Nigerian" scams? It is their own "poor judgement, ignorance, or even stupidity" that cost them as well as their greed.

      I dont have pitty for these people, do you? Yes, I do have sympathy (sympathy is the term being used in this thread, not pity) for them.

      Sure, you and I know about these scams, but many people don't know about them, or how to tell the difference between something fake and something legit.

      The only way I'd have no sympathy would be if they *knew* about these scams and still fell for them, or if they were trying to scam the scammer, and failed.
    11. Re:been here before by iminplaya · · Score: 1

      They're yours

      Correction -- They were yours

      That's a priceless Steinway---Not any more!

      --
      What?
    12. Re:been here before by furbearntrout · · Score: 1

      Quoted FGJ *points at sig*

      --
      Crap. What did the new CSS do with the "Post anonymously" option??
  3. Comoany was located in Nigeria? by HaaPoo · · Score: 3, Funny

    Did anybody check their ip address to see if they are located at Nigeria?

    1. Re:Comoany was located in Nigeria? by JazzmanSA80 · · Score: 2, Funny

      Maybe that rich prince knows? I'll be sure to ask him when he gets to America. I sent him that money like he asked a few months ago, so I'm expecting him any time now.

  4. Not a hoax, just a stupid kid by Anonymous Coward · · Score: 1, Interesting

    Some guy probably read up on OSx86 stuff, realized there'd be a market there for creating computers using hardware very similar to Apple's configurations, and then went to work. He clearly didn't think out the legal implications, or plan for such a huge amount of attention so early on, and this is the result.

    1. Re:Not a hoax, just a stupid kid by Frigid+Monkey · · Score: 5, Funny

      In other words...

      His mom found out.

      DUDE You're getting a (knockoff) dell.

      --
      "It's all just meme meme around here"
    2. Re:Not a hoax, just a stupid kid by Nursie · · Score: 1

      Just out of interest, what legal implications do you think there might be?

      I was wondering, 'cos it's pretty likely that if it's real then apple would be looking for a way to sue his pants off.

  5. Comment removed by account_deleted · · Score: 2, Funny

    Comment removed based on user account deletion

  6. You say "Hoax" by Jeremiah+Cornelius · · Score: 5, Funny

    I say "Fraud"

    Let's call the whole thing off.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:You say "Hoax" by dsginter · · Score: 3, Funny

      Let's call the whole thing off.

      I'm working on that but I gotta go get my blinker fluid changed. On that note, does anyone know if $800/ounce is a reasonable price for blinker fluid? My dealer says this is a good deal but he's the same guy who wanted $400 for muffler bearings (I was able to get an independent shop to do them for just $200 - HA!).

      --
      More
    2. Re:You say "Hoax" by fwarren · · Score: 1

      You had better check to make sure your disgrontificator is still in good working order.

      --
      vi + /etc over regedit any day of the week.
  7. Hoax? by lixee · · Score: 2, Insightful

    How is this a hoax? It's a bloody SCAM!

    --
    Res publica non dominetur
    1. Re:Hoax? by grahamd0 · · Score: 4, Informative
      Hoax -noun 1. something intended to deceive or defraud: The Piltdown man was a scientific hoax. Scam -noun 1. a confidence game or other fraudulent scheme, esp. for making a quick profit; swindle.

      It is both a scam and a hoax.

    2. Re:Hoax? by fohat · · Score: 5, Funny

      Hoax -noun 1. something intended to deceive or defraud: The Piltdown man was a scientific hoax. Scam -noun 1. a confidence game or other fraudulent scheme, esp. for making a quick profit; swindle.

      It is both a scam and a hoax.

      So, you're saying it's a scoax then.
      --
      Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
    3. Re:Hoax? by Loconut1389 · · Score: 1

      id argue that scam is a overriding subset of hoax or something to that effect. Once money becomes involved, it upgrades to scam status implicitly.

    4. Re:Hoax? by Linker3000 · · Score: 4, Funny
      --
      AT&ROFLMAO
    5. Re:Hoax? by Anonymous Coward · · Score: 0

      A SCOax!

    6. Re:Hoax? by Anonymous Coward · · Score: 0

      So, you're saying it's a scoax then. So we could call it a SCO for short.
    7. Re:Hoax? by Anonymous Coward · · Score: 0

      SCO already trademarked this as a SCOax

    8. Re:Hoax? by Anonymous Coward · · Score: 0

      And here I was, thinking that could be a nice Ham....

      Not-so-coward Anonymous... One day I'll have to have patience to create an account here... really.

    9. Re:Hoax? by Yenhsrav_Keviv · · Score: 1

      So, you're saying it's a scoax then.
      SCOAX reminds me of SCOX, the old ticker symbol for SCO.

      I wonder if they're related......

      Microsoft, are you behind this Mac clone too?
    10. Re:Hoax? by vladsinger · · Score: 1

      SCOAX reminds me of SCOX, the old ticker symbol for SCO. Yes, that in fact was the joke.
      Woosh!
    11. Re:Hoax? by Kagura · · Score: 1

      Mmm, steamed hams. Is that the Aurora Borealis?

    12. Re:Hoax? by CycoChuck · · Score: 1

      Hoax -noun 1. something intended to deceive or defraud: The Piltdown man was a scientific hoax. Scam -noun 1. a confidence game or other fraudulent scheme, esp. for making a quick profit; swindle.

      It is both a scam and a hoax.

      So, you're saying it's a scoax then. Take scoax, throw out the "ax" and you now know the who made the site.
      --
      Windows is as solid as quicksand.
    13. Re:Hoax? by isaac338 · · Score: 1

      Hoax -noun 1. something intended to deceive or defraud: The Piltdown man was a scientific hoax. Scam -noun 1. a confidence game or other fraudulent scheme, esp. for making a quick profit; swindle.

      It is both a scam and a hoax.

      So, you're saying it's a scoax then. Or, it's a ham! mm.. ham.
  8. You just won the Spanish Lottery! by Gat0r30y · · Score: 5, Informative

    Cnet has this article which goes into a little more detail. From what I've gathered it seems they "just moved" to the new building, and got the address wrong the first time (this sort of explains why they put up 3 addresses in 2 days if you buy it). It seems they had to switch payment processing companies from Powerpay to PayPal, because of the rights infringement stuff. But I doubt PayPal's policy is going to be different. Whats next? Cashiers checks to Nigeria?

    --
    Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
    1. Re:You just won the Spanish Lottery! by jimicus · · Score: 1

      Cnet has this article which goes into a little more detail. From what I've gathered it seems they "just moved" to the new building, and got the address wrong the first time Got the address wrong first time??!

      What happened, did all the staff show up to the new address only for the current folk there to say "What are you doing here? Never heard of you."
    2. Re:You just won the Spanish Lottery! by CowboyNealOption · · Score: 5, Funny

      Hopefully it will be a street address in Nigeria because no way am I sending money to a pobox there.

    3. Re:You just won the Spanish Lottery! by ignavus · · Score: 1

      And just to be safe, you should go there and deliver it by hand.

      --
      I am anarch of all I survey.
    4. Re:You just won the Spanish Lottery! by mpcooke3 · · Score: 1

      The reason Powerpay dropped them wasn't because of the right infringement stuff, or at least that is not what they are claiming.

      "Product/services not as represented in application, sales volumes grossly exceeded, (and) no address verification utilized"

      So basically this amounts to not filling out the form correctly when signing up and not verifying addresses.

  9. It's All An Apple Plot by Nom+du+Keyboard · · Score: 5, Insightful
    It's all a nefarious plot by Apple to discredit the very idea of clones running OS-X. Who would ever trust one again after this?

    As far as paying by credit card goes, you're likely protected by your card company against fraud so you shouldn't be too concerned there.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:It's All An Apple Plot by Tibor+the+Hun · · Score: 3, Insightful

      You are being funny, of course, but look at the fallout...
      Apple couldn't have hoped for a better fumbling of the "Attack of the Clones". It's as if Lucas himself directed this train wreck.

      I bet Apple and their lawyers are in their humidors sipping cognac, laughing at these amateurs.

      --
      If you don't know what AltaVista is (was), get off my lawn.
    2. Re:It's All An Apple Plot by Digi-John · · Score: 3, Funny

      I bet Apple and their lawyers are in their humidors sipping cognac, laughing at these amateurs.

      Assuming you mean Steve Jobs when you say "Apple", I find it highly unlikely that Steve Jobs has a humidor, much less a humidor large enough to sit in--smoking's bad, mmkay? More likely, he would celebrate with mineral water and extra-dark chocolate (you see, the higher the cacao content, the snobbier you can act, never mind that it tastes like dirt), or maybe a joint rolled in Psystar's business registration paperwork--his company *is* headquartered in San Francisco, after all.

      --
      Klingon programs don't timeshare, they battle for supremacy.
    3. Re:It's All An Apple Plot by YukonTech · · Score: 1

      Protected from fraud... yes as in if someone stole your credit card number, however you are not protected from stupidity. Like willingly buying somthing from a very sketchy website. If you personally give them the CC number and authorize a purchase its your fault (now if they than took 2,000 off instead of 550 you would be covered)

    4. Re:It's All An Apple Plot by Buran · · Score: 1

      And that "train wreck" of a movie made gobs of money... not exactly a fumble, is it?

    5. Re:It's All An Apple Plot by Tanktalus · · Score: 2, Insightful

      Generally speaking, if you attempt to purchase something, and the vendor does not follow through, you can go back to the credit card company and ask them to reverse the charges. The vendor ends up not only not getting paid, but a penalty is applied as well - both in immediate money and in the percentage that the credit card company charges the vendor to be able to use their service.

      This often works even if you do get what you purchased, but it just plain doesn't work, as was evidenced when my neighbour bought three trees from a local greenhouse, one died within the week of being replanted, and when the greenhouse wouldn't respond, he told them he was going to ask Visa to reverse the charges. He had a new tree the next day. (No, Visa wasn't involved - but the vendor knew what would happen... he'd lose more money than the cost of the tree.)

    6. Re:It's All An Apple Plot by azuredrake · · Score: 1

      Apple's HQ is not in San Francisco, it's in Cupertino, CA. Steve Jobs does not live in San Francisco, he lives in Palo Alto, CA.

      --
      Quis custodiet ipsos custodes?
    7. Re:It's All An Apple Plot by Digi-John · · Score: 1

      I don't work in San Francisco, I work in Livermore. You know what? I tell people I'm in San Francisco, because everybody knows where that is. This is called "the lowest common demoninator", and I'm aiming for it because I'm posting about Macs on Slashdot.

      --
      Klingon programs don't timeshare, they battle for supremacy.
    8. Re:It's All An Apple Plot by Paradise+Pete · · Score: 1
      And that "train wreck" of a movie made gobs of money... not exactly a fumble, is it?

      If you're going to measure the quality of something by how much money it makes, then Windows is the greatest operating system ever created.

    9. Re:It's All An Apple Plot by xbmodder · · Score: 1

      I know exactly where Livermore is! Right next to Pleasanton, which is where I live. I usually tell people I like in San Jose as I work there, and it doesn't have the same radically liberal connotations as San Francisco. Where do you work in Livermore, the lab?

    10. Re:It's All An Apple Plot by Anonymous Coward · · Score: 0

      No, no. That's Windarrow. Easily distinguished by the backwards 'W' in the logo at startup.

    11. Re:It's All An Apple Plot by Anonymous Coward · · Score: 0

      San Fransisco. If I remember correctly you had to put flower in your hair? Never understood that part.

    12. Re:It's All An Apple Plot by Digi-John · · Score: 1

      Sandia National Lab, yeah. Overshadowed by Lawrence Livermore right across the road.

      --
      Klingon programs don't timeshare, they battle for supremacy.
  10. Proof again... by slashname3 · · Score: 2, Insightful

    If it seems to good to be true, it probably is.

    Amazed that ANYONE actually signed up for this thing before anyone credible had reported that it was real and worked as expected. This is one of those cases where the early sucker...I mean adopter leads the way with their pocket book and loses everything.

    The real interesting question here is how much did they get away with before they were busted?

    1. Re:Proof again... by commodoresloat · · Score: 1

      If it seems to good to be true, it probably is. The problem with this is it really didn't seem all that good to begin with.
  11. Who would have ordered one so quickly? by jayhawk88 · · Score: 4, Insightful

    This story is what, a week old? "Wow here's a story about a company that I have never heard of selling suspiciously cheap Mac compatible computers! I hope I don't melt my credit card taking it out of my wallet so fast!" I've no doubt that probably a lot of people may have gotten taken here, but I'm just having trouble understanding why anyone would be so quick to order something like this that just comes completely out of the blue. I mean at least wait a couple months for Tom's Hardware to review one or something.

    1. Re:Who would have ordered one so quickly? by SilverEyes · · Score: 1, Insightful

      Because it's a cheaper version of a Mac. What's not to like?

      --
      Interesting.
    2. Re:Who would have ordered one so quickly? by Anonymous Coward · · Score: 0

      Oh, I don't know - Apple's attitude or ethics?

    3. Re:Who would have ordered one so quickly? by CheeseTroll · · Score: 3, Funny

      A shoebox with "Makintosh" written on the side with a Sharpie is even cheaper, and is more tangible than this company.

      --
      A post a day keeps productivity at bay.
    4. Re:Who would have ordered one so quickly? by doti · · Score: 1

      Not to wonder.

      You see, there's this lucrative spam business, that survives only because of this same kind of people.

      --
      factor 966971: 966971
    5. Re:Who would have ordered one so quickly? by Anonymous Coward · · Score: 1, Funny

      I prefer my portable P-P-P-Powerbook

    6. Re:Who would have ordered one so quickly? by Russ1642 · · Score: 1

      Tom might have ordered one so he could review it.

    7. Re:Who would have ordered one so quickly? by elguap0 · · Score: 1

      The shoebox can also play more games.

    8. Re:Who would have ordered one so quickly? by Buran · · Score: 1

      You do realize that there are many more things a computer is good for than just playing games ... right? And there are plenty of Mac games, anyway.

    9. Re:Who would have ordered one so quickly? by falconwolf · · Score: 1

      I mean at least wait a couple months for Tom's Hardware to review one or something.

      How many non geeks, non nerds, non /.ers know to let Tom check it out?

      Falcon
  12. Where's the box by JoeCommodore · · Score: 1

    Where's the Box

    That what it will all boils down to, when people get their computer (7 days from purchase, so should be seeing post about them next week). Or do a hand-on review (I saw a few pages called a review on the OpenPC where they were just reviewing their opinions.

    Until there is something more than phone calls and photoshopped corporate website images - a lot of this is just empty speculation.

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  13. Look at it this way ... by jsnipy · · Score: 5, Funny

    ... people have bought a true Mac Air ;)

    --
    -- if you mod me down, I will become more powerful than you can possibly imagine
    1. Re:Look at it this way ... by Anonymous Coward · · Score: 0

      Stand over my Mac & let me blow up your skirt...

    2. Re:Look at it this way ... by ignavus · · Score: 1

      And it weighs even less than the Apple one.

      --
      I am anarch of all I survey.
  14. Well, they *would* know...oh wait, my bad by Alzheimers · · Score: 2, Funny

    "According to Gizmodo...

    For a moment, I read that as Gizmondo and thought to myself "Well, if anyone would know about hoaxes..."

  15. Will it exist in 30 days by Ungrounded+Lightning · · Score: 5, Insightful

    If they've been accepting orders (and credit card numbers) for a product that doesn't exist -- isn't that called fraud?

    Only if they can't create and deliver it within 30(?) days and don't contact the people who ordered it within that time, notifying them of the delay and refunding the money of those who don't consent to the extension.

    Back in the early days of home computing a number of companies started up by selling vaporware, collecting the money, and using it to fund the development. (I don't recall if Apple was one of the companies that started up that way. But Woz and Jobs were pretty hard up for cash back at the start.)

    The FTC tightened up after some con men calling themselves "World Memory Systems" took a picture of a few chips sitting on an unstuffed PC board, ran an ad claiming it was a new peripheral board providing four serial and one parallel port for Altair/Imsai home computers (with a name, 4S+P, similar to another popular product, 4P+S), and pulled a major fraud.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Will it exist in 30 days by Ambiguous+Coward · · Score: 1

      Sounds interesting. How about a link to more details? I always enjoy reading stories about that stuff, but all you did was give me a teaser. Now I want the feature presentation. :)

      -G

      --
      Their may be a grammatical error, misspeling, or evn a typo in this post.
    2. Re:Will it exist in 30 days by Ungrounded+Lightning · · Score: 1

      The ad was a full-page in an early issue of Byte magazine. That's all I recall at the moment.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    3. Re:Will it exist in 30 days by old+and+new+again · · Score: 0

      didn't steve and steve sold blue boxes to fund Apple?

    4. Re:Will it exist in 30 days by larry+bagina · · Score: 3, Informative

      When I had a merchant account for credit card billing, I had to close the charge batch within 48 hours and when I closed the batch I was agreeing that any physical goods would be shipped within 24 hours. They (cough, *he*) is (was) using paypal or similar, so they might have different rules.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    5. Re:Will it exist in 30 days by Vellmont · · Score: 5, Interesting

      Commodore did that all the time. I'd recommend "On the Edge" (which details a lot of other semi-shady practices of the whole industry).

      http://www.amazon.com/gp/offer-listing/0973864907/ref=pd_bbs_olp_2?ie=UTF8&s=books&qid=1208554130&sr=8-2

      --
      AccountKiller
    6. Re:Will it exist in 30 days by nurb432 · · Score: 4, Informative

      No Apple didn't use pre-orders for development, they used pre-orders to get the capital to go buy the parts. Development was already done.

      I do remember the Altair add-on scam... that was pretty funny.

      --
      ---- Booth was a patriot ----
    7. Re:Will it exist in 30 days by JohnWasser · · Score: 5, Informative

      That was "World Power Systems" and I remember the incident well. They were caught when someone noticed that one of the important signals on the S-100 edge connector was not connected.

      You can read about it here:
      http://www.brouhaha.com/~eric/retrocomputing/wps/

    8. Re:Will it exist in 30 days by Jafafa+Hots · · Score: 3, Informative

      If they've been accepting orders (and credit card numbers) for a product that doesn't exist -- isn't that called fraud? Back in the early days of home computing a number of companies started up by selling vaporware, collecting the money, and using it to fund the development. Microsoft. Sold an operating system to IBM before they had one.
      --
      This space available.
    9. Re:Will it exist in 30 days by AutoTheme · · Score: 2, Informative

      No, they agreed to provide one and then bought it from someone else.

    10. Re:Will it exist in 30 days by Paradise+Pete · · Score: 5, Interesting
      I always enjoy reading stories about that stuff

      SoftRAM is a good story. They sold 600,000 copies of a program that they claimed would compress the contents of RAM, effectively doubling the available amount. It turned out that the program didn't even attempt it.

    11. Re:Will it exist in 30 days by Ungrounded+Lightning · · Score: 1

      Thanks for the correction and the link.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    12. Re:Will it exist in 30 days by Anonymous Coward · · Score: 0

      Hi, totally OT. I'm very curious about your sig. Thanks. :)

    13. Re:Will it exist in 30 days by falconwolf · · Score: 3, Interesting

      Back in the early days of home computing a number of companies started up by selling vaporware, collecting the money, and using it to fund the development. (I don't recall if Apple was one of the companies that started up that way. But Woz and Jobs were pretty hard up for cash back at the start.)

      The Woz already had a working Apple before offering one for sale. He was showing it to meetings of the Homebrew Computer Club, of which the Two Steves were members of. At the tyme the Woz was working for HP as an engineer and asked them if the company wanted to make the Apple, management turned him down. Jobs was able to find a store that would place a large order but in order to fulfill it the Woz had to quit working at HP. In order to fund the company the Woz sold an HP 65 calculator he owned for $500.

      Falcon
    14. Re:Will it exist in 30 days by sporkme · · Score: 2, Funny

      Wow, the "Hello Fellow Computerist" page reads just like a Nigerian scam email. Painful to note that people still fall for crap like this. 1979! Bad-grammar computer scams to turn 40!

    15. Re:Will it exist in 30 days by MojoStan · · Score: 4, Interesting

      Microsoft. Sold an operating system to IBM before they had one. No, they agreed to provide one and then bought it from someone else. Expanding the story, Microsoft told IBM that they didn't have an OS. MS bundled CP/M with one of their programming language products and IBM mistakenly believed the bundled OS was a Microsoft product. MS then referred IBM to Digital Research (maker of CP/M), but Digital Research dropped the ball. Paul Allen knew about a rudimentary CP/M clone (QDOS) made by a small company across town (Seattle Computer Products), so MS convinced IBM they could fix up this OS and make it work for the IBM PC. Initially, MS licensed QDOS from SCP, but they later agreed to purchase it for $50,000 (deal of the century).

      The false "DOS was vaporware" version of what happened often gets modded up on Slashdot. This is the version told on that stupid made-for-TV, "based on a true story" docudrama Pirates of the Silicon Valley . A much better telling of what actually happened (with actual interviews with Paul Allen, Bill Gates, Steve Balmer, Jack Sams of IBM, and Tim Patterson of SCP) is available from the PBS documentary Triumph of the Nerds (transcript of the relevant part available here).

      --
      TO START
      PRESS ANY KEY

      Where's the 'ANY' key? I see Esk, Kitarl, and Pig-Up...

    16. Re:Will it exist in 30 days by cdrudge · · Score: 1

      1979! Bad-grammar computer scams to turn 40!
      Your getting a little ahead of yourself there. I was born in the early part of '79 and I'm pretty sure I'm only 29, not 40.
    17. Re:Will it exist in 30 days by Anonymous Coward · · Score: 0

      You mean Microsoft?

    18. Re:Will it exist in 30 days by Killjoy_NL · · Score: 1

      I'm dutch so I probably got some information mixed up, but I think what he means that by saying "Booth was a patriot" is that even though shooting Lincoln was a crime, in his mind/heart Booth thought that he was doing what was best for the USA.

      That by definition makes him a patriot, even though he is a not that popular patriot, anybody care to correct me? please go ahead.

      --
      This is the sig that says NI (again)
    19. Re:Will it exist in 30 days by MilesAttacca · · Score: 2, Informative

      That really is an interesting and exhaustive book. I got a copy for Christmas and just finished it a few weeks ago, and got drawn in each time I picked it up. My only complaints are that some people are introduced after they've been mentioned several times, there's a lot of repetitive phrasing, and apparently there's very little proofreading. (Oh, and I was hoping for more Amiga coverage.) That isn't enough to detract from the story, though. Before reading the book, I was an "Apple invented the PC and did it the best" fanboy, too. :P

      --
      98% of America's teens drink alcohol, smoke, and have sex. Put this in your sig if you like bagels.
    20. Re:Will it exist in 30 days by Rogerborg · · Score: 1

      The FTC can "tighten up" all they like, but as long as people are dumb enough to send money to a couple of beaners who "run" dozens of fake companies from non-existent addresses, there's good money to be made. The solution is smarter consumers, not more regulation. Perhaps eugenics can help us.

      --
      If you were blocking sigs, you wouldn't have to read this.
    21. Re:Will it exist in 30 days by TheoMurpse · · Score: 1

      You raise a very interesting point that I don't know how to refute; one implication is that Hitler was a patriot. Mussolini and Pol Pot? I'm not sure. But from what I've learned of Hitler in my heavily-weighted-toward-pre-WWII history courses, Hitler thought he was doing Germany a great service.

    22. Re:Will it exist in 30 days by xenocide2 · · Score: 1

      His regime was certainly pretty good at what it did, if you view war as a legitimate means. Not exactly a friendly or moral group, but fairly successful. It took some pretty heavy casualties to stop the Nazi war machine. Under the full weight of time, he's probably harmed Germany in irreparable ways by refusing to surrender a lost war, etc.

      If you want to refute the point that Hitler was a patriot, simply recall that had he surrendered earlier, it would have saved Germany a lot of casualties and perhaps even land. Since a surrender would have likely placed him out of power, he placed his own power over the interests of Germany, an unpatriotic move.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    23. Re:Will it exist in 30 days by TheoMurpse · · Score: 1

      I accept your argument, partly because I find it a bit cognitively dissonant to think of Hitler as a patriot, but mostly because I think your argument is strong.

    24. Re:Will it exist in 30 days by segwonk · · Score: 1
      Is that World Power Systems any connection to this World Power Systems:

      http://www.wps.com/index.html?

      There are some interesting and curious products there. I've tried to purchase some of them,

      but they always seem to be "sold out".

      --
      - ------ Go 'til ya know.
  16. a scam no matter what by marvelouspatric · · Score: 0, Troll

    even if they are a real company, it's still rather scammish. that $399 they're saying is for the box. if you want the Mac OS X installed, that's another $155. L-A-M-E. patric

    --
    read my comics, please, at http://www.funfactorycomic.com
  17. think people by hurfy · · Score: 2, Insightful

    Dollars to Donuts if there was such a thing you couldn't call it "OpenMac"

    They (or you even) can't legally install OSX either can they? Not an Apple guy so dont know terms but i would assume not.

    I suppose in theory one could reverse engineer a clone but it is kinda spendy for a doorstop with no OS. Even then there would be no legit uses and you still couldn't sell them since it is clearly intended to infringe.

    1. Re:think people by Paul+Pierce · · Score: 0

      Apple sells OS X as software. Go to any Apple store and you can pull it off the shelf. You don't have to buy their computer to buy their software. IANAL, but I believe that you can install OS X on anything you want (as long as you buy it).

      I'm actually surprised that someone hasn't done this already now that Macs are on the rise. There used to be a company years ago that sold 'Alternate' macs.

      If I were Dell I'd be trying to mac one that ships with OS X. Apple most likely can do it cheaper and make it look nicer, but if Dell can get close and price and offer something new/different I say why not. If there was a sweet AlianWare machine running OSX I'd buy it just to have something different and fast.

    2. Re:think people by fishbowl · · Score: 4, Informative

      >IANAL, but I believe that you can install OS X on anything you want (as long as you buy it).

      Ok, wrong. Apple reserves all rights under copyright, that are not expressly granted by the software license.
      The license is very specific, and in its very first specific clause:

      A. This License allows you to install and use one copy of the Apple Software on a single Apple-labeled computer at a time.

      You either agree to this license, or you have no right to install the software. Ok, you can put an "Apple" label on your computer. Then you're in worse trouble with a trademark infringement :-)

      This is not some nebulous "shrink wrap license are not enforceable" concern. If *any* license that is granted as a result of copyright is valid (hint, GPL, creative commons, SCSL), then this one is.

      --
      -fb Everything not expressly forbidden is now mandatory.
    3. Re:think people by Just+Some+Guy · · Score: 1

      IANAL, but I believe that you can install OS X on anything you want (as long as you buy it).

      Of course you can. Silly unenforcable EULA stuff aside, once you buy a copy, it's your copy. So long as you don't make unauthorized copies of it (which does not include the copy you install on a single machine, because that's what your store receipt says that you paid for), you can do whatever you want.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:think people by Just+Some+Guy · · Score: 5, Informative

      You either agree to this license, or you have no right to install the software.

      Bullshit. You bought it - you have the right to install it. I have old books that say you're not allowed to resell them, but that's BS too.

      Ok, you can put an "Apple" label on your computer. Then you're in worse trouble with a trademark infringement :-)

      Not if you put them on your own computer, you're not. Trademark only kicks in when you're trying to pass something off as something else. There's an Apple sticker on my wife's minivan, but we're clearly not infringing anything.

      This is not some nebulous "shrink wrap license are not enforceable" concern. If *any* license that is granted as a result of copyright is valid (hint, GPL, creative commons, SCSL), then this one is.

      Does Steve Jobs tuck you in at night or something? No. You're flat-out wrong. That is exactly one of those dumb EULA concerns, especially when you're trying to mingle it with copyright. As you bought the software, you have the legal right to use it so long as you're not installing it on a bunch of machines or distributing copies. It's kind of sad and scary that presumably rational people will try to argue otherwise.

      --
      Dewey, what part of this looks like authorities should be involved?
    5. Re:think people by Tanktalus · · Score: 2, Insightful

      I'm not disagreeing with you, but please tell me how that works out when you try to call Apple for support ;-)

      (I anxiously await the updates on groklaw about the lawsuit you file ;-) )

    6. Re:think people by HairyCanary · · Score: 2, Informative

      The real issue is that you cannot install OSX on non-Apple hardware. And by cannot, I do not mean because Apple says no, I mean because it simply won't install. To make a Hackintosh you have to mix OSX together with OpenDarwin and stir. That's not the copy of OSX you can buy at the store. Trying to pass it off as a legal copy of Leopard is fraud. Do anything you want with *your own* copy of Leopard, but if you try to sell modified copies, Apple can and should sue.

    7. Re:think people by Just+Some+Guy · · Score: 2, Interesting

      That's not the copy of OSX you can buy at the store. Trying to pass it off as a legal copy of Leopard is fraud. Do anything you want with *your own* copy of Leopard, but if you try to sell modified copies, Apple can and should sue.

      I think I morally disagree with that, regardless of its legality (which I don't know about). As far as I know, I can buy a book, edit that physical copy, and resell it. I believe that you should be allowed to do the same with software, so long as you're clearing labeling it as a modified version and you pay for every copy you pass along.

      --
      Dewey, what part of this looks like authorities should be involved?
    8. Re:think people by epedersen · · Score: 1

      Is that why people stick the stickers that came with their ipod on their laptop?

    9. Re:think people by Anonymous Coward · · Score: 0

      If no one has mentioned it yet, derivative works are infringing until judged at trial to be fair use.

      Said another way, derivative works infringe copyright until a judge decides they don't.

      "As far as I know, I can buy a book, edit that physical copy, and resell it"

      You could do this, but if you did it often enough to get noticed you would be sued for copyright infringement. Depending on the amount of plaintiff's material used and 'transformative nature' of your derivative you would likely be found infringing, and probably then get sued for some amount of damages or at least injunction.

      Here's something you could do with a book you bought -- you could translate it into another language, and sell that translation!

    10. Re:think people by falconwolf · · Score: 1

      They (or you even) can't legally install OSX either can they? Not an Apple guy so dont know terms but i would assume not.

      No. OS X can't, legally, be installed on a non Apple computer.

      Falcon
    11. Re:think people by Anonymous Coward · · Score: 0

      Not if you put them on your own computer, you're not. Trademark only kicks in when you're trying to pass something off as something else. There's an Apple sticker on my wife's minivan, but we're clearly not infringing anything.

      Sorry to point out the obvious, but I'm pretty sure that the original poster was talking about branding a non-Apple computer as an Apple computer and selling it. But I'm sure, that as a troll, you already knew that?

    12. Re:think people by Anonymous Coward · · Score: 0

      Yes and I can buy a car and modify it and then resell it.
      But you don't buy software. You buy a licence to use it. The media containing it is yours but the software itself remains the property of the copyright holder. If you don't understand this then you should have someone read the EULA to you.

    13. Re:think people by Budenny · · Score: 1

      It has nothing to do with copyright. Copyright does not permit restraints on use, but on copying, which is quite different.

      You have a situation in which two materially identical machines sit on a bench. They have the same mainboard, memory, opticals, disk drives, processor, network and graphics cards. The power supplies may be the same or different. The cases are different. One uses EFI, the other an EFI to bios emulator. Those are trivial differences in computer specification terms. The main difference is where you buy these components from. One set you buy assembled from Apple. The other set you buy assembled from your local computer shop.

      We are asked to believe that Apple can stop you installing on these components if bought from the computer shop, but allow you to install on the same set when bought from them. No way. Produce a case to support it. You will not find one. This is cut and dried, open and shut, in terms of competition law. You can't stop people using THE IDENTICAL STUFF with your product just because they did not buy it from you. This is a hopeless one. As soon as they went to totally standard components, the argument was going to be reduced to 'but you didn't buy them from me', and it was game over.

    14. Re:think people by Just+Some+Guy · · Score: 1

      You are a good little consumer, aren't you? Let's look at this from a less-party-line angle:

      I go to the store and buy eggs. They're my eggs.

      I go to the store and buy a TV. It's my TV.

      I go to the store and buy a book. It's my book.

      I go to the store and buy a program. It's my program.

      If you think otherwise, then there's something seriously wrong with your sense of property rights.

      --
      Dewey, what part of this looks like authorities should be involved?
    15. Re:think people by Just+Some+Guy · · Score: 1

      You could do this, but if you did it often enough to get noticed you would be sued for copyright infringement. Depending on the amount of plaintiff's material used and 'transformative nature' of your derivative you would likely be found infringing, and probably then get sued for some amount of damages or at least injunction.

      Are you sure about that? I'm not talking about making copies and reselling them; that would be clearly illegal. Say it's a collection of short stories and I physically chop up the book and reassemble it in a different order that I like better. If I add "...as rearranged by Just Some Guy" to the cover so that I'm not pretending it's the "real" version, wouldn't that be legally protected? It seems like our friend, the first sale doctrine, would kick in.

      Obligatory car analogy: I can do anything I want to a car and resell it, and that car's manufacturer can't stop me. Are you certain that we don't have the same right for books? For software?

      --
      Dewey, what part of this looks like authorities should be involved?
    16. Re:think people by Cadallin · · Score: 1
      Um, no. The correct interpretation is that Software is like a Book. You read the book, use it for research, loan it to your friends, sell the physical copy that you purchased, set it on fire, cut it up and rearrange the pieces, and a number of other actions. What you are arguing is that a EULA is a valid license because using software is copying and distributing. This is false.

      The rights that I describe above are the rights that you have automatically, EULA's try to remove them. The GPL, on the other hand, gives you the right to copy and distribute software, as long as you meet certain conditions (mostly related to providing the source). These are rights above and beyond what you have.

      The GPL is not a EULA, it is a legitimate contract. EULAs on the other hand, are bad faith contracts intended to trick people into giving up rights that they have anyway. They are thus generally void on their face.

    17. Re:think people by Just+Some+Guy · · Score: 1

      But there's nothing Apple could do to stop you from selling someone an unopened Leopard box, an Apple sticker, and installation instructions. Did that make it easier for you to understand?

      --
      Dewey, what part of this looks like authorities should be involved?
    18. Re:think people by mp3phish · · Score: 1

      Legally, your wrong. If you buy software, you bought a license to that COPY, not a license to use it. Nobody can sell a license to USE a product without a legal contract in place. So that means you must sign an agreement, and both parties must participate. There are other conditions that make a legal contract and you can ask a lawyer what those conditions are if you desire.

      There is a distinction you are missing here. The distinction is the difference between COPYING (copyright law) and USE (contract law). A copyright does not and cannot restrict USE, but it can restrict copying. Unless you sign your use rights away, then you have all fair use rights when buying a COPY of the software. This is why it is called COPY-RIGHT, and not USE-RIGHT.

      the "copyright license" that comes with the software only gives you a list of conditions that allow you to copy the software above and beyond your initial copy (ex: some say you can install it on up to 1 desktop and 1 laptop.) The "End User License Agreement" on the other hand is not a contract (nothing is signed, physically or digitally, and no verbal agreement was given, so there is no contract) and its not a copyright license either. Instead, it is an electronic document displaying information the manufacturer hopes will scare the end user into obeying.

      So long as the end user doesn't make an additional copy of the software, then he/she does not have to follow any EULA. And this is the difference between the GPL and a EULA. Because the GPL only restricts the COPYING of software, not the USE of the software.

      --
      Your ignorance is infinitely greater than you realize.
    19. Re:think people by GaryPatterson · · Score: 0

      I go to the store and buy eggs. They're my eggs.
      Yup. You can do whatever you like with those eggs, provided you don't break a law (try egging a police officer if you don't believe me). Mmm... eggs.

      I go to the store and buy a TV. It's my TV.
      True. You own that TV. You can do whatever you like with it, provided you don't break a law. Okay, throwing this at a police officer might be hard, but now we've got a designed object, and copying then reselling the design might be against the law. Is it patented in some way?

      I go to the store and buy a book. It's my book.
      It's your copy of the book, but they're not your words. You don't have the right to do anything you like with those words (ie republish them), but it is your copy of the book. You can eat it, burn it, resell it or whatever.

      I go to the store and buy a program. It's my program.
      It's your copy of the program, but... well, you get the idea.

      If you think otherwise, then there's something seriously wrong with your sense of property rights.
      Ownership of an object doesn't automatically confer rights to do anything with it. Everything you own, everything you do, is constrained by the laws of the society you live in. We're not talking about property rights here, and none of the examples you gave are only about property rights. Other legal issues come into play when you use an object, depending on what you do with it.

      Apple's EULA may or may not stand up in court on the 'only install on a Apple-branded' clause, but you'd have to test that in court. Until that point, it's a grey area and potentially ruinous for a person or small company to challenge on. My personal feeling is that it wouldn't stand up very long, but a lot of money would be spent getting to that point. Deeper pockets would be needed that this little company has.

    20. Re:think people by Weedlekin · · Score: 1

      "There's nothing Apple could do to stop you from selling someone an unopened Leopard box, an Apple sticker, and installation instructions"

      They would sue you out of existence for selling the Apple sticker because it's infringing their trademark. I say "would" rather than "could" here, because unlike copyrights and patents, a trademark can be lost if its owner doesn't defend it.

      Note also that Apple's lawyers have been very precise with their wording, because "Apple-labelled computer" means a computer labelled by Apple (hence the use if the hyphen), not a computer that somebody who isn't Apple puts a sticker on.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    21. Re:think people by Just+Some+Guy · · Score: 1

      They would sue you out of existence for selling the Apple sticker because it's infringing their trademark.

      Not even close. I got a couple of stickers when I bought Leopard. I assure you I am free to sell them.

      Note also that Apple's lawyers have been very precise with their wording, because "Apple-labelled computer" means a computer labelled by Apple (hence the use if the hyphen), not a computer that somebody who isn't Apple puts a sticker on.

      While you may choose to read it that way, that is clearly not the only valid interpretation.

      --
      Dewey, what part of this looks like authorities should be involved?
    22. Re:think people by Weedlekin · · Score: 1

      "I got a couple of stickers when I bought Leopard. I assure you I am free to sell them."

      There is indeed nothing to stop you selling Apple's own stickers (or those made by licensed third parties, of which there are several).

      "While you may choose to read it that way, that is clearly not the only valid interpretation."

      Please suggest another valid interpretation (with "valid" in this context meaning that it complies with modern English usage of first letter capitalisation and hyphenation).

      --
      I'm not going to change your sheets again, Mr. Hastings.
    23. Re:think people by Just+Some+Guy · · Score: 1

      Please suggest another valid interpretation (with "valid" in this context meaning that it complies with modern English usage of first letter capitalisation and hyphenation).

      This is a computer. This is an Apple label. This is the label on the computer, making it an Apple-labeled computer.

      Note that the (almost certainly unenforceable) EULA doesn't even require a legitimate Apple label, only that the computer be labeled as an Apple. Well, given a Sharpie, that would take about 5 seconds. While lawyers could get their groove on by suing anyone who tried to sell the results, they'd have a hard time suing me for marking up my own personal computer.

      --
      Dewey, what part of this looks like authorities should be involved?
    24. Re:think people by Weedlekin · · Score: 1

      "This is a computer. This is an Apple label. This is the label on the computer, making it an Apple-labeled computer."

      I suggest you check up on the meaning of a hyphen that connects two words to see why this is not a valid interpretation.

      "Note that the (almost certainly unenforceable) EULA doesn't even require a legitimate Apple label, only that the computer be labeled as an Apple."

      1) If the EULA is, as you claim, unenforceable, why would you bother to pay for OS X instead of downloading one of the many pirate versions that are available?

      2) It specifically uses the same hyphenated term, which under modern English usage rules (i.e. the agreed upon ones rather than your private invented version), has a single meaning; a computer that has been labelled by Apple.

      "While lawyers could get their groove on by suing anyone who tried to sell the results, they'd have a hard time suing me for marking up my own personal computer."

      The EULA isn't intended as a vehicle for suing individual users, but has the following function:

      1) They can sue companies who attempt to distribute non-Apple computers with OS X on them.

      2) It means they don't have to support anyone who installs it on non-Apple hardware.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    25. Re:think people by Just+Some+Guy · · Score: 1

      1) If the EULA is, as you claim, unenforceable, why would you bother to pay for OS X instead of downloading one of the many pirate versions that are available?

      I believe that Apple makes a good product and I want to support their continued efforts. That is also the business model that Apple has adopted, and since I wish to do business with them, I voluntarily follow it.

      On the other hand, I'm a bit troubled by the implication that Apple's EULA is the only thing keeping you in compliance, and that without it you'd be downloading it from The Pirate Bay.

      I like Apple. I buy their stuff. That doesn't mean I have to blindly accept every hare-brained statement out of Cupertino.

      2) It specifically uses the same hyphenated term, which under modern English usage rules (i.e. the agreed upon ones rather than your private invented version), has a single meaning; a computer that has been labelled by Apple.

      I understand now. I had assumed that you were a native English speaker. To native speakers, that clause could take two distinct and equally correct meanings: "a computer labeled by Apple", or "a computer labeled as an Apple". For example, I am a Kirk-named person; my name is Kirk. My children are also Kirk-named people; they were named by Kirk. I apologize for the ambiguity in our language and wish you the best of luck in your studies!

      --
      Dewey, what part of this looks like authorities should be involved?
    26. Re:think people by Weedlekin · · Score: 1

      "On the other hand, I'm a bit troubled by the implication that Apple's EULA is the only thing keeping you in compliance, and that without it you'd be downloading it from The Pirate Bay."

      This is a straw man, because I neither implied nor stated what I would do.

      "I understand now. I had assumed that you were a native English speaker."

      LOL!

      "To native speakers, that clause could take two distinct and equally correct meanings: "a computer labeled by Apple", or "a computer labeled as an Apple"."

      To native English speakers, the clause could indeed have several meanings, but only one of them is correct.

      "For example, I am a Kirk-named person; my name is Kirk."

      Kirk-named person would be somebody who is named by Kirk. What you're looking for is "Kirk named person", although I wonder why anybody would use such a grammatically clumsy phrase.

      "My children are also Kirk-named people; they were named by Kirk."

      See, you do understand English when you try. Well done!

      "I apologize for the ambiguity in our language"

      I don't find the hyphenation rules at all ambiguous. Of course, a lack of understanding can often make things seen ambiguous when they really aren't.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    27. Re:think people by fishbowl · · Score: 1

      >If you think otherwise, then there's something seriously wrong with your sense of
      >property rights.

      You have potentially dangerous misconceptions about the legal nature of copyright-protected creative works in the USA. You may think what you
      said is common sense, and you may think you *should be* right, but you're
      wrong.

      --
      -fb Everything not expressly forbidden is now mandatory.
    28. Re:think people by fishbowl · · Score: 1

      >The GPL is not a EULA, it is a legitimate contract.

      Oh really?

      What is the consideration?

      Where is the evidence that the parties had a meeting of the minds or a mutual agreement?

      Where is the mutual obligation?

      What are the reciprocal rights that the parties have to demand performance from each other?

      The GPL can be made part of a contract, but it is not, in itself, a valid contract because it lacks at least one crucial element: valuable consideration.

      On the other hand, I can write (and have written) into a contract a clause requiring the GPL to be abided by, and *that* contract is valid, because it was offered and accepted and because it exchanged a valuable service for consideration (money).

      The GPL is enforceable in its context, not because it is a contract, but because it is an expression of rights that the content creator has by default, but that are not be extended to others by default. It is enforceable because rights under copyright law are themselves protected.

      The GPL comes under attack constantly by well-meaning amateurs who may rightly observe that it is not enforceable as a *contract*, but who do not understand the distinction between a contract and a license, or who do not understand the rights that are reserved exclusively, by default, the content creators.

      --
      -fb Everything not expressly forbidden is now mandatory.
  18. Buisness model by Froboz23 · · Score: 0, Redundant

    Here is Psystar's business model:

    1. Set up a website that accepts credit card orders.
    2. Collect orders and credit card numbers.
    3. Charge the cards.
    4. Vanish.

    Seriously, if you can't recognize that this is a scam, you really should consider getting off the internet, while your credit card and bank account are still in tact.

    Psystar = Shyster

    --
    Take off every Sig. For great justice.
    1. Re:Buisness model by fishbowl · · Score: 3, Funny

      >3. Charge the cards.
      >4. Vanish.

      5. Become the target of a fraud investigation by several credit card companies,
      you know, the ones who have litigation budgets in the tens of millions of dollars.

      6. Write letters from prison.

      --
      -fb Everything not expressly forbidden is now mandatory.
  19. P-p-p-powerBook by AioKits · · Score: 1

    Tell me it will be of at least the same quality as this fine product?

    --
    "Quote me as saying I was mis-quoted." -Groucho Marx
  20. http://www.osx86project.org/ by Anonymous Coward · · Score: 0

    http://www.osx86project.org/

  21. It's not a hoax by BattleApple · · Score: 5, Funny

    I'll be receiving a P-p-p-powerbook from them any day now.. it has firewire!

    1. Re:It's not a hoax by Linker3000 · · Score: 2, Funny

      I Dunno about firewire, but 'getting burned' seems possible.

      --
      AT&ROFLMAO
    2. Re:It's not a hoax by swilly · · Score: 2, Funny

      You'd think they would have learned not to use Sony batteries.

    3. Re:It's not a hoax by Anonymous Coward · · Score: 0

      And circle!

  22. Re:Not really.... by Gm4n · · Score: 3, Informative

    Don't click parent links, they're NOT friendly. After enough -1s, does your account get deleted?

    --
    1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24
  23. I tried to warn you... by martin_b1sh0p · · Score: 1

    Well I could have saved a bunch of people the grief, but I guess when I submitted this story two days ago I didn't tag it right or something because it never got out of the firehose. Hopefully not to many people got scammed between then and now.

  24. If it's a hoax.. by vil3nr0b · · Score: 2, Insightful

    I want my mod points back from the fanboys of apple. Since the story should have been verified before being salaciously posted by editors not being editors, the whole event should be null and void.

  25. Re:Not really.... by Drawsalot · · Score: 1

    Please get a real hobby (or job) instead of posting crap like this. BTW, aren't you sick of your Mom's basement?

  26. Re:Not really.... by quarrel · · Score: 5, Funny

    After enough -1s, does your account get deleted? Indeed - how many chances are we meant to give this Anonymous Coward guy?!

    --Q
  27. Jobs can run but he can't hide by PingXao · · Score: 2, Insightful

    It's obvious who's behind it. The most insightful comment on the earlier story went something like this: If Apple is so hell bent on protecting its IP and enforcing its license terms, then why are they selling off-the-shelf copies to anyone who plunks down the cash?

    Psystar. PsyOps. Nothing but Jobs looking to drum up more support for sales and mindshare. Mindshare is probably more important for Apple lest they lose their niche cult status and drop out of sight completely.

    1. Re:Jobs can run but he can't hide by larkost · · Score: 1

      The off-the-shelf copies are all upgrades. Apple has been clear about that all along. There was never a copy of 10.4 for Intel Macs sold retail because every single Intel Mac came with a copy of 10.4 (so you never needed an upgarade disk).

    2. Re:Jobs can run but he can't hide by kklein · · Score: 1

      Yeah, because if they don't do something quick, everyone's going to forget Apple ever even existed!

      Why, just the other day, I stopped, um, every single person I saw, and asked them who made that MP3 player they were carrying, and they were all, "I dunno; some company... There's a mark here on the back... What is that? A screaming head with a flame on top? Oh yeah, 'Burning Screaming Head.' That's who made it."

      Steve Jobs, if you're reading this: Get out now before the whole thing caves in on you! Don't be the hero! You don't have to go down with the ship!!!

    3. Re:Jobs can run but he can't hide by tyrione · · Score: 1

      The off-the-shelf copies are all upgrades. Apple has been clear about that all along. There was never a copy of 10.4 for Intel Macs sold retail because every single Intel Mac came with a copy of 10.4 (so you never needed an upgarade disk).

      The off-the-shelf copies are not upgrades, they are the actual general use copies for the entire supported hardware matrix. The copies included with your hardware purchase are unique to that machine model.

      If you have prior Macs you buy the Off-the-Shelf copy so it will install and work as billed.

    4. Re:Jobs can run but he can't hide by dangitman · · Score: 1

      There was never a copy of 10.4 for Intel Macs sold retail because every single Intel Mac came with a copy of 10.4 (so you never needed an upgarade disk)

      Absolute horseshit. I have a retail copy of 10.4 (both Intel and PPC) right here on my shelf, and it's a full installer, not an upgrade.

      --
      ... and then they built the supercollider.
    5. Re:Jobs can run but he can't hide by Jimithing+DMB · · Score: 1

      I can't find the box right this second but I seem to remember it actually has the word "Upgrade" printed on it. It is a "full installer" because there is no reason for it to check for a previous version. If you are installing it on a Mac it can only be the case that at some point that Mac had a previous version of Mac OS on it.

      Furthermore, all Intel macs have in their SMC a copyrighted key. The OS will not run without that key. This is the check that the Intel version of OS X uses to ensure you are upgrading. There is no need to check for a previous version installed on the hard drive. If those keys are present in the SMC then you must have had a previous version of Mac OS because the computer would have been sold with one.

      The bottom line is that even though it is a "full installer" it still has an upgrade check, you just don't notice it normally since Apple has built it into the hardware.

    6. Re:Jobs can run but he can't hide by dangitman · · Score: 1

      That's some pretty good semantic acrobatics you are playing there. The SMC check is about testing that it is being installed on Mac hardware (as per the EULA) - nothing to do with a previous version of the software. And my box doesn't say "upgrade" anywhere on it. If it were about having a previous version, then why would a 10.4 installer come with the full version for Intel machines, when there was never anything prior to 10.4 available for Intel?

      --
      ... and then they built the supercollider.
    7. Re:Jobs can run but he can't hide by Weedlekin · · Score: 1

      "I can't find the box right this second but I seem to remember it actually has the word "Upgrade" printed on it."

      Mine was to hand, so I looked, and it doesn't say "Upgrade" anywhere. Furthermore, a ticket on the bottom of the box reads "OS X 10.4 Retail" just below the Apple product code, so people could be forgiven for assuming that it's not an upgrade.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    8. Re:Jobs can run but he can't hide by Weedlekin · · Score: 1

      "I have a retail copy of 10.4 (both Intel and PPC) right here on my shelf"

      Every other boxed set of 10.4 was PPC only, so I'd hang on to yours because it's unique (Intel versions of 10.4 were included with machines, but not sold separately to anyone except you).

      --
      I'm not going to change your sheets again, Mr. Hastings.
    9. Re:Jobs can run but he can't hide by Jimithing+DMB · · Score: 1

      The upgrade wording has apparently been removed from the retail box so I suppose a reasonable person could assume it's not an upgrade version but a full version. And in that case you are correct that the SMC check cannot be reasonably considered to be an upgrade check.

      If the box did in fact say upgrade and was sold specifically as an upgrade to an existing version of OS X then I think a reasonable person would consider it to be an upgrade regardless of what Apple does or does not do to prevent you from installing it as a full version.

      My point was that your assertion that there is no upgrade check is blatantly false. Let me try to state it more logically

      1. All Macs come with a copy of OS X.
      2. All Intel Macs have an SMC.
      3. OS X will not run on an Intel machine unless the SMC is present.

      Therefore, OS X will not install or run on any Intel machine that did not have a prior version of OS X.

      Now, try this one:

      1. OS X is sold as an upgrade (this is false but I had thought it was true)
      2. OS X will only install on Intel machines with a prior version of OS X

      Therefore, OS X does effectively do an upgrade check.

  28. It is not a Mac, its a Hackintosh by Orion+Blastar · · Score: 2, Informative
    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:It is not a Mac, its a Hackintosh by orionrune · · Score: 2, Informative

      I've used Jas OS X for years... this guy is a dollar short and a year late... www.osx86project.org got a spare x86 pc lying around? build your own free openmac... just visit that site and read up.

    2. Re:It is not a Mac, its a Hackintosh by Swampash · · Score: 1

      Pirated? I have a perfectly legitimate OS X cd for which I paid full retail, and I'll install it on whatever machine I want.

    3. Re:It is not a Mac, its a Hackintosh by Orion+Blastar · · Score: 1

      Don't let the Apple DRM and EFI code get in your way. :)

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    4. Re:It is not a Mac, its a Hackintosh by Swampash · · Score: 1

      Don't let the Apple DRM and EFI code get in your way. :)

      I don't. I'm posting this in Safari under OS X installed on an Intel C2D-based PC I put together myself.

    5. Re:It is not a Mac, its a Hackintosh by Anonymous Coward · · Score: 0

      There is something new in the OSX86 world: the EFI emulator that lets you boot unmodified Apple kernels. Once you have it installed that way you'll have much better luck running Apple Software Updates. It's as close as you'll get to an idiotproof Leopard install on a Hackintosh.

    6. Re:It is not a Mac, its a Hackintosh by Orion+Blastar · · Score: 1

      Either you are using a Hacked version of OSX or you hacked it yourself.

      Apple's DRM and EFI code prevents OSX from installing on non-Apple branded PCs.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  29. Re:Not really.... by WhatAmIDoingHere · · Score: 1

    I'd like to thank this troll for reminding me to add a list of shock sites to my adblock filter in safari. I can now browse safer because of your asshattery.

    --
    Not a Twitter sockpuppet... but I wish I was.
  30. Mac already have clones maybe? by Anonymous Coward · · Score: 0

    http://www.osx86project.org/
    granted it's not an exact science

  31. Is steve woz behind this? He is the one who wanted by Joe+The+Dragon · · Score: 2, Interesting

    Is steve woz behind this? He is the one who wanted slots in the mac form the apple 2 on.

    Is it some who is pissed off at the high priced mini with it's laptop parts and apples lack of DESKTOP with DESKTOP parts in the $500-$2000 price range the mac pro starts at $2200.

  32. changed their address... by the+brown+guy · · Score: 1

    they changed their address 4 times if I remember rightly, can't remember which news article it was though..

    --
    Orbis terrarum est non altus satis
  33. Libel by Enderandrew · · Score: 1

    Only if you print it. If you just say it, then it is slander. However, I say don't do anything half-way! Go the full monty, and go for libel!

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:Libel by TheoMurpse · · Score: 1

      His comment about fraud is on Slashdot. Therefore it is written. Therefore it would be libel (if anything), and not slander.

      And before you say that "say" implies spoken word, what about perfectly cromulent phrases such as "the newspaper said the police officer was retiring"?

  34. The OpenPro by goombah99 · · Score: 3, Interesting

    My guess here is that the $399 is just a PR gimmic. If you actually spec it out on their site, the basic model+Leopard+firewire+shipping is over $650 dollars. Whereas you can get a mac mini for under $600 including the shipping. The difference is the mac mini is small, quiet, lower power, and has wifi, blue tooth, optical dolby audio, and software update will work. (The pystar has a bigger faster hard disk and a 15% faster CPU). Personally I think you'd have to be retarded to think the mac was not a better value for a low-end end user, especially due to the software update,noise and power.

    So I think that was just a stunt. The real bargain on the site is the openPro which has a bigger power supply and better case permitting it to hold a high end graphics card and quad processor. A nicely specced unit of the openPro would be $1800 for quad 2.6Ghz and an nvidia 8800Gt card, including shipping, Leopard (firewire built in, and USB jacks on the front). This is actually now compartable to the apple powermac quad, which simmilarly speced runs about $2700, with a 10% faster CPU, blue tooth, wireliess, optical audio, and an amazing case design, and relatively quiet operation.

    However to be fair, the apple's sweet spot for powermac pricing is at the 8 processor model. That's "only" $500 more. The psystar is not available in an 8 processor.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:The OpenPro by Joe+The+Dragon · · Score: 2, Insightful

      you can put a video card in the base system in the mini you are stuck with the POS gma 950 video and laptop parts.

    2. Re:The OpenPro by goombah99 · · Score: 1

      First you are likely wrong. if you compare the specs on the base price of the open pro $900 and the $399 teaser machine you see they are almost identical. So what's happening for $500? mainly the powersupply fans and case. To me that says the teaser comes with some 5 cent powersupply and the cheapest possible motherboard. They don't even offer a video card upgrade for it. Kinda tells you something.

      And if you could, then it will cost you even more. The whole point of the comparison was the rock bottom. Otherwise why is $399 even meaningful.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:The OpenPro by kersten78 · · Score: 1

      you can put a video card in the base system in the mini you are stuck with the POS gma 950 video and laptop parts. But with the base system, you don't need punctuation.
    4. Re:The OpenPro by MojoStan · · Score: 1

      you can put a video card in the base system in the mini you are stuck with the POS gma 950 video and laptop parts. First you are likely wrong. if you compare the specs on the base price of the open pro $900 and the $399 teaser machine you see they are almost identical. The $399 "teaser machine" is a microATX PC with integrated graphics (and a graphics card slot) while the $1000 OpenPro is a full ATX PC without integrated graphics, so I doubt they're "almost identical" since they're using different chipsets and form factors. (I can't believe they're still taking orders!)

      So what's happening for $500? mainly the powersupply fans and case. To me that says the teaser comes with some 5 cent powersupply and the cheapest possible motherboard. The $400 "teaser machine" uses the ASUS TM-211 case. For $50 at Newegg, it comes bundled with a 300W Bestec power supply, a rear 80mm exhaust fan, and vent holes above the CPU and graphics card area to suck in cool air. Since the integrated graphics are GMA 950, that motherboard (with no integrated FireWire) must be cheap as hell. The 945G chipset is at least 2 generations old (predates the first Intel Macs).

      Many Slashdot readers would recognize the OpenPro's case as the Antec P182, which Newegg sells for $200 without power supply.

      Psystar's FAQ says that the basic Open Computer uses "an Asus 350W power supply which Asus states is rated at 300W," so I'm sure it's the same one bundled at Newegg. They say the OpenPro "runs a 600W PSU."

      They don't even offer a video card upgrade for it. Kinda tells you something. Sure they do. Under "Graphics Processor" they offer "Intel GMA 950" (+0.00), GeForce 8600GT (+$110.00), and GeForce 8800GT 512MB (+$200.00).

      I'm not saying these Psystar computers are good values or even exist. I'm just fascinated by this story because the order/configuration page looks real and still exists despite all the evidence that suggests this is all a big scam. I can't wait to see these scammers go down in flames.

      But why the heck are you comparing the "value" of an expandable microATX minitower (desktop CPU, graphics card option, PCI/PCIe slots, desktop hard/optical drives) to a small form factor desktop made of laptop parts? If Apple offered a decent single-CPU desktop with real desktop parts and no integrated display, I bet it would outsell the Mac mini by a lot. I guess Apple doesn't think such a machine would be profitable enough (nothing wrong with that).

      --
      TO START
      PRESS ANY KEY

      Where's the 'ANY' key? I see Esk, Kitarl, and Pig-Up...

    5. Re:The OpenPro by Gavagai80 · · Score: 2, Insightful

      The low end user simply doesn't pay $600 for any computer, regardless of supposed value. I never have. $300-$400 computers do everything I want, so why waste money? There's absolutely zero value in wifi, blue tooth, optical dolby audio and the like for those of us who wouldn't use them if we had them.

      --
      This space intentionally left blank
    6. Re:The OpenPro by solios · · Score: 1

      You're stuck with non-upgradeable video in EVERY Apple product except for the powermac, which starts at around 2,800$.

      That being the ONLY feature I really care about (no use for dolby-whatever, bluetooth, wiffy, etc), I find it to be one hell of a steep entry point.

      The most irritating thing about their transition to intel is that it brought the craptastic intel mobo video across the bottom line - the old PPC minis had built-in ATI graphics. Crappy ATI graphics, mind you, but discreet video ram. None of this "eating your system ram" crap. Screw that- I need that RAM. I need it for PORN, DAMMIT.

      Actually, I need it for applications, but still - a crap video chipset that eats system memory doesn't exactly give me a case of the warm fuzzies when browsing the Apple store. :(

  35. If it's too good to be true, then it probably is by Neanderthal+Ninny · · Score: 1

    Once again the quote "If it's too good to be true, then it probably is" applies here.
    $399 Mac? Even for a Windows PC that is some ridiculously low price unless you build it yourself very low price parts.
    I didn't check if Psystar has a SSL system and how they authenticated the, if any, the credit card transactions when they where up.

  36. To quote The Dude's words... by denzacar · · Score: 1

    Obviously you're not a golfer.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:To quote The Dude's words... by 1u3hr · · Score: 1
      Obviously you're not a golfer.

      If you're a golfer, you need a set of clubs and funny patterned pants. You don't need a computer of any description.

    2. Re:To quote The Dude's words... by denzacar · · Score: 1

      Nor are you.

      Damn... I have to learn to be less subtle.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
    3. Re:To quote The Dude's words... by 1u3hr · · Score: 1

      If I knew who "the Dude" was, or what the clip you reference came from, I might think it was funny. Not everyone has the same cultural referents.

  37. Still... by denzacar · · Score: 1

    There are apple fanboys out there who would pay money for that box.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:Still... by Lars+T. · · Score: 1

      There are apple fanboys out there who would pay money for that box. Wouldn't a so called "apple fanboy" rather buy the original from Apple?
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  38. Psystar.biz . . . by Anonymous Coward · · Score: 0

    Psystar.biz is available for registration...think of the possibilities...

  39. More like an inept business owner than a hoax by stizzmindspring.com · · Score: 4, Insightful

    Hackitoshes DO exist. You CAN build one easily with 400$ worth of components from Newegg. Leopard 10.5.2 CAN be installed with vanilla kernels. None of that is a hoax. I just recently built myself a quadcore mac pro clone for the startling price of $1000. It runs flawlessly because I built it to spec. All this IS possible. What we have here is a business owner who thought it would be a good idea to sell some of these types of systems pre-built. He was ill prepared to make such a risky buiness venture; he was simply not able to meet the demand or handle the media circus it evolved into. Think back to that old commercial in the dot com heyday. An eager team of entrepreneurs excitedly watch as their web store goes live. Nervous as first because nothing is happening, then the orders start coming in slowly and everyone breathes a sigh of relief. Orders continue to come in and everyone is high fiving each other, then the speed of the orders coming in grows exponentionally. Suddenly everybody is looking at the screen in absolute horror. This is what I imagine happened to Psystar, only instead of a team of dedicated staff, this is one dude running businesses from home. He stuck his neck way out there for this, and if Apple isnt going to sue, other more capable entrepreneurs should try to sell some of these prebuilt hackintoshes with leo installed before the partys over.

    1. Re:More like an inept business owner than a hoax by LarsG · · Score: 2, Informative

      I'd stay away from preinstalling. Even if Apple doesn't go after Psystar (since it is apparently falling of the cliff without the need of a helping hand from Apple), they're rather likely to go after anyone making this a successful business.

      I know arguing about EULAs is a favourite pastime on /., but if they preinstall that will give Apple enough of an argument to get past preliminary hearings and go to a full trial. One would be on safer ground selling a pre-assembled PC bundled with Leopard still in shrinkwrap.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    2. Re:More like an inept business owner than a hoax by Anonymous Coward · · Score: 0

      I am already concidering the order of a few pallets of processors and MB's. Maybe even a cash infusion to Psystar or who ever they are.

  40. Same shit, different lingo. by Anonymous Coward · · Score: 0

    Back in the early days of home computing a number of companies started up by selling vaporware, collecting the money, and using it to fund the development. There's a new word for that now:
    Pre-order.
  41. well by orionrune · · Score: 1

    In addition to one of my previous replies. This is how late this psystar guy is. http://www.youtube.com/watch?v=ZxWyoA-wIKI [youtube.com] http://www.macgeekblog.com/blog/archive/2006/10/14/jas-10-4-8-combo-sse2-sse3-is-out.html [macgeekblog.com] Just google 'jas os', or 'osx86'

  42. It's in the wording too. by EmbeddedJanitor · · Score: 3, Informative
    If you make an incorrect assertion, then it could be libel: eg. say "It is vaporware and thus they are commiting fraud" and they are not.

    Conjecture is a different matter: eg. saying "If it is vaporware and they are accepting money then they are commiting faud". Those "if"s make a big difference.

    --
    Engineering is the art of compromise.
    1. Re:It's in the wording too. by colmore · · Score: 0

      Some crimes are hard to define in terms that are both necessary and sufficient (to borrow math teacher speak). The letter of the law exists beside a broad history of court interpretation.

      If one really could not in print accuse a person, corporation, institution, or government service or crime without the agreement of a judge and jury, then we could hardly be called a free society.

      In practice, the only surefire way to get stuck with libel is to be a reporter erroneously reporting gross lies and total fabrication about someone's life as if it were confirmed and researched fact. It basically has to look like a deliberate campaign of character assassination.

      So some webpage attacking some fly by night company that may or may not actually exist?

      Is not going to be libel in the United States of America. And this is a good thing. The government should stay the hell out of speech in any situation where the speech itself is not a direct, immediate, and premeditated harm to specific persons.

      I am not a lawyer, but I'd love it if someone could show me a successfully prosecuted libel case of similar triviality.

      --
      In Capitalist America, bank robs you!
    2. Re:It's in the wording too. by somersault · · Score: 1

      looks like I could have been sued for libel for suggesting that someone faked an email at work. I really couldn't see any other option at the time - but the real answer was that this woman was so ass-backward, that she used to print out her emails rather than just store them in a PST file or something, and then scanned them back in and sent them to people when she wanted to forward them (or at least she did this in my case). The things that made it seem most dubious was the lack of headers (so she obviously copied and pasted into Word before printing), and the fact that she mentioned the date she sent the email in the body of the actual email (who does that ffs?). Turned out that the email was real though and I must just found it so ludicrous/aggravating that I deleted it almost immediately when I originally received it.. think it said something like "please do [blah blah blah]. Sent on [blah]th of blah twothousan'an'blah..". Man I hate when people do stupid things and I get into trouble for it, but maybe I should be more trusting? :p

      --
      which is totally what she said
    3. Re:It's in the wording too. by TheoMurpse · · Score: 1

      Actually, you could preface the first statement with "I think" and still get away with it. Many (most?) jurisdictions recognize opinion as a defense to defamation.

  43. Re:Business model by Froboz23 · · Score: 1

    There's also step 4.5: Sell the credit card numbers to a "business associate" so they can tack on more charges.

    The bulk of credit card scams are not investigated or prosecuted, which is part of the reason they're so common. Paying private investigators and lawyers costs money, so from a business perspective the credit card companies only go after the larger scams where more than, say, $100,000 has been stolen by a single scammer.

    The popularity of this OpenMac scam will hopefully come back to bite them. Granted, they will get a lot more "orders" than they were expecting, but they are also getting a lot more visibility, and presumably a lot more complaints to the Florida Attorney General. I'm hoping that 3 months from now we'll see the Slashdot story "OpenMac Scammers Indited."

    --
    Take off every Sig. For great justice.
  44. Obligatory SNL quote by Anonymous Coward · · Score: 0

    "It's a floor wax AND a dessert topping!"

  45. A Legal question (and a Technical question) by Anonymous Coward · · Score: 0

    Would it be legal if someone completely reverse engineered both the machine and the OS and sold it as "Apple" or "Mac" Compatible. Technically, how hard would it be today if Apple's machines become hugely successful & profitable? After all, the HW is Intel based and SW is BSD based.

  46. It's art. by zapatero · · Score: 1


    Pystar was discovered to be the performance art of a Yale art student. She said that she wasn't really going to load it with Mac OS but rather just say she was going to. First she needs to not get pregnant several times and then get pregnant and put some kind of not real blood on the cases.

    It's not a Hoax nor a Scam. It's art. And the artist said that if Paypal or the Credit card services takes the site down to say that this is not legitimate she will say that is.

    It's all for art.

    1. Re:It's art. by Anonymous Coward · · Score: 0

      WTF

  47. Re:Not really.... by seededfury · · Score: 1

    Good for you... now go over and see the receptionist for your cookie.

  48. Wow by Anonymous Coward · · Score: 0

    Wow. I love how getting an email from 3 anonymous people constitutes an "investigation" now.

    Internet, you have disappointed me. :-(

  49. It did serve one purpose, I suppose.... by LS1+Brains · · Score: 0, Interesting

    I've been curious about OS X for a while, and this little debacle served one purpose: it got me off my ass to investigate further.

    Something smelled fishy to me, so I wasn't quite ready to send my credit card info to Psystar (I didn't even get far enough notice they weren't using https!)

    Anyway.. Call it illegal or whatever, but I did some research and found myself turning my trusty old Dell laptop into a Hackintosh (a HUGE thank you to the OSx86 community, BTW). While it wasn't 100% perfect, it certainly ran OSX well enough for me to get a taste. And ... well ... I liked it... So with that, on Monday my shiny new Macbook Pro arrives, and I'm actually excited about getting a new computer for the first time in a decade.

    The only insightful thing I can say at this point, is I sure hope Apple doesn't ever unleash the lawyers on the OSX hackers (not that they could stop 'em, but I digress). I found I'm definitely not alone in a large group of people who found themselves "trying before buying" as it were. While I could just as easily continue using my Hackintosh, I wanted to upgrade my laptop anyway -- and the OSx86 enabled a situation that made it a very easy choice to buy Apple. Were it not for those folks providing an easy way to test drive on hardware I already own, I'd likely have bought another Dell and stayed within my comfort zone.

  50. WARNING LAST MEASURE by Anonymous Coward · · Score: 0

    The above links are to Last Measure. It would be nice if the system would pretend to open the link, as to follow the forwarding.

    1. Re:WARNING LAST MEASURE by snl2587 · · Score: 1

      Yeah, but then the FBI would raid /. for kiddie porn.

  51. Re:If it's too good to be true, then it probably i by Lehk228 · · Score: 1

    399 is the base point for a wally world computer

    --
    Snowden and Manning are heroes.
  52. P-P-P-Powerbook! by abbamouse · · Score: 2, Informative

    At least THAT product was delivered.

    --
    Make cheese not war 8:)
  53. Not selling anymore? by silentphate · · Score: 2, Informative

    Just tried to order onc. This is the response... Error: 2-1-2-P-N--This transaction has been declined. Error: Failure in Processing the Payment (ps_authorize) PS. I was using a real credit card/address/etc.

  54. credit cards by falconwolf · · Score: 1

    As far as paying by credit card goes, you're likely protected by your card company against fraud so you shouldn't be too concerned there.

    Legally someone using their credit card is liable for $50, but the credit card issuer may cut some slack and swallow all of charge.

    Falcon
  55. Re:Not really.... by Anonymous Coward · · Score: 0

    Adblock filter?? I put in my favorites.

  56. My guess... by Bones3D_mac · · Score: 2, Interesting

    Those whose orders were accepted will probably receive the configurations they requested complete with retail copies of Mac OS X in the box. But, the various issues currently affecting PsyStar's business and warnings from Apple Legal will probably result in the end user being left to figure out how to get OS X up and running on the system with maybe a sheet of paper explaining whatever process they initially intended to use.

    After all, these are simply custom built PCs constructed from parts you can buy anywhere. All PsyStar has to do is provide an assembled system and some evidence that the system is somehow capable of running MacOS X, without having to actually deliver a pre-installed setup ready to run out of the box.

    Sure, it'd be a low blow to the customer, but it'd probably be technically enough to keep someone out of prison.

    --


    8==8 Bones 8==8
  57. Comment removed by account_deleted · · Score: 0

    Comment removed based on user account deletion

  58. Dark Chocolate by eknagy · · Score: 1

    You can f*ck with Apple and Snobs as much as you want, but leave my Dark Chocolate alone!

  59. Anonymous Coward by Anonymous Coward · · Score: 0

    Fill In The Blank:

    A __________ and his ___________ are soon _________.

  60. So Far... by IonOtter · · Score: 3, Insightful

    ...all I'm seeing is a lot of hurf-blurf.

    Okay, the company is currently doing some things that look suspicious to a highly jaded crowd, but actually make a lot of sense for someone who's been swamped with genuine interest. So we just wait and see how things settle down.

    And we haven't seen or heard ANYTHING from Apple. It's been more than a few days, and Apple is not known for sitting on their laurels when it comes to such things. If this were illegal or fishy, Apple would be all over them like white on rice and crowing from the rooftops about it.

    So far, zip from Apple.

    Here's an idea? How about we let these folks SETTLE IN for a bit and see how things turn out before we start writing their obituary?

    They're using credit cards for transactions, AND they're using PayPal on top of it. It's not like your money will vaporize without a trace, folks? There's a reason Nigerian and other scammers want you to use money orders and Western Union.

    --
    [End Of Line]
    1. Re:So Far... by Weedlekin · · Score: 1

      "If this were illegal or fishy, Apple would be all over them like white on rice and crowing from the rooftops about it."

      Why would Apple care if a company's selling cheap PC clones with a bundled boxed OS X that they've paid Apple for? The company's not pretending that these machines are Apple products, and Apple don't have to support users who don't comply with the system requirements printed on the box. They've therefore been paid whatever the trade price for a boxed OS X is, and if it fails to install or gets broken by an update, then tough, because they don't claim that it will work on systems that don't meet the printed specifications, and are under no obligation to ensure that it does so.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  61. less than nothing. by oledoody · · Score: 1

    what is slashdot? I thought talking about nothing, thats cool, but this was LESS than nothing, HelLO.

    1. Re:less than nothing. by Anonymous Coward · · Score: 0

      surely no one actually bought one??? If so they've committed an even worse offense. stupid fools.

  62. Re:Business model by Dephex+Twin · · Score: 1

    At first, I was going to say that you misspelled "indicted", but then I realized you are talking about the title for a Slashdot story, so it probably would be "indited".

    --

    If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
  63. to fan boys of apple by Dr.D.IS.GREAT · · Score: 0

    WTF guys, Few things, First, Apple made generic x86 devolper boxes when they were in transition from CPU archs, they were not pretty and artistic. Secondly, the Mac isnt really anything special anymore, its based on generic cheap intel hardware. apple did this because the PPC was becoming to expensive (less of that grand 80% profit) and was not thermally effeciant; thusly rendering the mac platform no better than an ugly windows box. Mac guys, im one of you too, but i was broken into macs by OSX86. mac guys need to know this: your mac is a PC, the only thing that separates apple macs from pcs are EFI, but guess what EFI is coming to the pc market very soon, and who knows OS X might just run natively on standard hardware with out hacking it, and you fan boys will be crying like little emos. also, there is no craftsmanship left in the apple brand, they outsource all of their manufacturing to taiwan, india and any other low bidder. you are not buying the quality box that the comercials have seduced u into believing, its just a hacked up ibm pc clone with EFI, nothing more, nothing less.

  64. Psystar is open by Anonymous Coward · · Score: 0

    [img]http://img92.imageshack.us/img92/9936/signstreetlevelpm1.jpg[/img]