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Mac Cloner Psystar Ships First Service Pack

Preedit writes "Not only is Mac clone maker Psystar continuing to defy Apple's ban on third-party Leopard installations, it's supporting the hardware with updates. Psystar Mac clones shipped as of Monday will include a 'service pack' that features fixes for a range of problems, some of them inherent in Apple's own software, according to InformationWeek. The fixes address a range of troubles, from glitches in Apple's Time Machine backup feature to quirks in the Keyboard Viewer and Character Palette entries in Leopard's system preferences menu. There's also support for the latest version of Java and other updates. According to the story, by offering a full menu of support, Psystar appears to be daring Apple to attempt to enforce provisions in the Leopard license agreement that forbid third-party installations and sales." We've been discussing Psystar clones for a while.

32 of 468 comments (clear)

  1. These guys have balls by alta · · Score: 4, Funny

    Really big hairy ones that must be protected by some sort of anti-steve force field.

    Or maybe they're eunichs (sp?) and steve can't cut off their balls.

    --
    Do not meddle in the affairs of sysadmins, for they are subtle, and quick to anger.
    1. Re:These guys have balls by rekoil · · Score: 5, Insightful

      More likely, they're hoping to grab a quick buzz, score some venture capital, and then run off into the sunset, cash in hand, before Apple legal pulls the plug on the party...

    2. Re:These guys have balls by Anonymous Coward · · Score: 5, Funny

      Or maybe they're eunichs (sp?) and steve can't cut off their balls. I believe it's spelled "Unix".

    3. Re:These guys have balls by gyranthir · · Score: 5, Informative

      I think Steve's blade may be a bit dull trying to cut through all the red tape set forth in their own EULA.

      from: http://64.233.169.104/search?q=cache:yZd3DfSTe6cJ:www.engadget.com/2008/04/15/psystar-says-rumors-of-its-demise-are-greatly-exaggerated-still/comments/11642842/+leopard+eula+unenforceable&hl=en&ct=clnk&cd=1&gl=us

      Psystar/Open Computing is reselling a full (read: fully-licesned) copy of MacOSX Leopard. They are then preinstalling it onto the system, telling you that they do modifications, and telling you that the copy is no longer under warranty. In addition, the courts have been moving in the direction of saying EULA's are not necessarily contractual, because of the low barrier of people to click "I Accept", weakening any potential Apple case.

      To be fair, DMCA is vague on modifying software for personal use, and violating license, but only from the perspective of "taking away revenue". In this case, Apple is getting attributed as creating the software, and sells a retail copy of Leopard every time Psystar/Open Computing sells one to buyers.

      from: http://64.233.169.104/search?q=cache:dIo9yM9-QvMJ:timmorton.blogspot.com/2008/04/apple-vs-psystar-clone-mac-era.html+leopard+eula+unenforceable&hl=en&ct=clnk&cd=7&gl=us

      What it boils down to is that running Leopard on a machine that Apple did not make violates the EULA. EULA's are largely NOT legally enforceable, and in those states where they are the degree to which they are varies widely. EULA's are not active contracts, and are largely invalid because you cannot read them in entirety (or at all usually) on the packaging before making your purchase, leaving you vulnerable to stipulations that were unknown at the time of purchase. EULA's are legally weak, all but entirely unenforceable, and would be outrageously expensive to attempt to enforce on any type of broad scale.

      Basically I think Apple really would have to pay to play this game that it might lose. EULA's are largely flawed and usually unenforceable. Will be interesting to see what Apple does, if not nothing.

    4. Re:These guys have balls by eck011219 · · Score: 4, Funny

      When I was about 20 (around 1991), I worked for a family friend who was doing custom DB app development. He was working on a warehouse tracking system at the time, and I helped him compile information about the competition for an article he was writing for Unix World magazine. When I told my parents about the article for Unix World, my father went all glassy until I explained the spelling and definitions involved.

      I was impressed by his poker face, honestly. I think he thought he'd been exposing his boy to the decidedly wrong people.

      --
      It is pitch black. You are likely to be eaten by a grue.
  2. Much as I hate to defend Apple's prices... by argent · · Score: 4, Insightful

    The system is priced at $804.99. A similar, Apple-branded computer could cost more than $2,000.

    The Psystar system has a single Core 2 Duo CPU.

    They don't say what the "similar, Apple-branded computer" is, but if it's a Mac Pro it's got two four-core CPUs.

    The problem is that Apple doesn't make a similar computer. If they did, Psystar wouldn't have a market. And Apple would have a bigger one.

    1. Re:Much as I hate to defend Apple's prices... by yincrash · · Score: 4, Insightful

      If Apple did try to go for this market, they'd need to cut their margins by a lot to compete with the current pc market which plays in this price range.

    2. Re:Much as I hate to defend Apple's prices... by Junior+J.+Junior+III · · Score: 4, Insightful

      The obvious comparison would be the iMac, as far as performance specs go.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    3. Re:Much as I hate to defend Apple's prices... by MoonBuggy · · Score: 4, Insightful

      Why? They wouldn't be competing with Dell, they'd be competing with themselves. People don't (and never will, I'll bet) buy a Mac because it's the cheapest, they buy it because they feel it's superior in some way and thus worth the money.

      What they would have to worry about is cannibalising the iMac sales, because a standard-tower Mac plus a third party monitor, graphics card & RAM would be cheaper than an iMac and superior in every way except form-factor, which isn't really high on most people's list for a desktop.

    4. Re:Much as I hate to defend Apple's prices... by drsmithy · · Score: 4, Insightful

      What they would have to worry about is cannibalising the iMac sales, because a standard-tower Mac plus a third party monitor, graphics card & RAM would be cheaper than an iMac and superior in every way except form-factor, which isn't really high on most people's list for a desktop.

      No it wouldn't. The mythical mini-tower Mac, if it were ever made, would be priced at a little less than equivalent iMacs (if not exactly the same).

      The real threat from such a box would be to Mac Pro sales.

    5. Re:Much as I hate to defend Apple's prices... by DurendalMac · · Score: 5, Insightful

      Hmm, desktop hard drive? Check. Standard laptop RAM? Check. Ability to replace the video card? Technically, check. It can be replaced as it's a separate module. Upgrading...well, you'd have to have a lower-end card and find a service provider willing to order/install the better one for you. However, it's kind of a moot point. You know why? BECAUSE MOST PEOPLE DON'T GIVE A SHIT. Geeks need to get that through their obstinate skulls. The vast majority of the buying public doesn't give a shit about upgrading their video card. They just want a computer that works so they can check their email, do word processing, and organize their photos. Upgrade-happy geeks are a tiny sliver of the overall market.

  3. Bet ten to one by Khyber · · Score: 4, Funny

    We'll see no lawsuit. This gives Apple more exposure. If they do sue, I won't be offering them a bandage for their blown-off foot.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:Bet ten to one by Uncle+Focker · · Score: 5, Insightful

      My guess is that they will wait until the company dies. Then, if, for some reason, it fails to die, they'll sue 'em--and win, of course. Clearly, Apple has this one--this is a blatent knowing violation of the EULA by a for-profit corporation. There is no guarantee that that part of the EULA is even legally enforceable. Just because it's written in a EULA doesn't mean it has any actual force of law to back it up.
    2. Re:Bet ten to one by kestasjk · · Score: 5, Funny

      But at some point the people at Psystar must have clicked "I Agree", so they agreed to comply. This is the strongest contract in the entire software industry, even stronger than a "TOS" link at the bottom of a web-page

      --
      // MD_Update(&m,buf,j);
  4. How the hell... by Anonymous Coward · · Score: 4, Insightful

    ... are they shipping a service pack to correct problems in Apple's binaries - or are they downloading the open source portions and fixing/rebuilding/shipping those as fixes?

    In that case having open source is again working against Apple.

  5. obligatory star wars parody reference by OrochimaruVoldemort · · Score: 5, Funny

    begun, the mac war has.

    --
    If people can get past, can they get future? Best way to confuse a stoner
  6. Apple doesn't dare sue them by Animats · · Score: 5, Insightful

    Apple is unlikely to sue Psystar. Apple would probably lose; Apple's EULA is an "illegal tying arrangement" under antitrust law. Psystar is tiny, but a court loss would encourage bigger players to start making clones.

    More likely, Apple will stop selling their OS as a boxed product.

  7. Re:Slow News Day? by meadowsoft · · Score: 4, Insightful

    IANAL, but this sounds like the IBM vs. Clone lawsuits of the 80s where IBM wanted to be the only company to sell their IBM software on IBM hardware. They lost that battle, and if APple were to try to enforce their EULA they would lose that one as well. I think they aren't suing because 1) this isn't their market and 2) they wouldn't win and it would open the door for a precendent where any and all PC vendors would start selling hardware with OSX preinstalled.

  8. Apple doing nothing is best response by ToasterTester · · Score: 4, Interesting

    Buy doing nothing Apple isn't give any free press to this company. Companies like do are only looking for their fifteen minutes of fame. People who want Mac's will buy Mac and get a better deal once you factor in cost of OS X the clone isn't that good a deal. Down the road they will have trouble keeping up with updates and etc. In other words leave them alone and they will go back to being just another white box computer maker.

  9. Re:Slow News Day? by MightyYar · · Score: 5, Interesting

    I went through exactly this excercise the other day with someone. It turns out that Apple and Dell have very similar prices. The exception is with the MacBook Pro, in which Apple exceeds Dell by about 20% or so, but the closest Dell laptop is also larger by a fair margin.

    Dell doesn't sell a Mini competitor, and Apple doesn't sell a headless low or mid-end desktop tower, so those products were impossible to compare.

    Apple's MacBook line, iMac line, and Pro line are all very comparable - even cheaper right after a refresh - to their Dell counterparts.

    Go try it :)

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  10. Please stop calling it a clone! by Leomania · · Score: 5, Interesting

    Mac clone maker Psystar

    This box is NOT a clone, it is a hackintosh . Please refer to it as such, but not a clone. A true clone would have EFI firmware, not EFI emulation. It would require no hacks to install OS X, it would cleanly install and be recognized by the OS.

    I believe this would actually be a desirable system if it really were a clone... but with that fan noise problem and all, how many people would really want one?

    --
    You don't use science to show that you're right, you use science to become right.
  11. Apple doesn't have to be the one... by Anonymous Coward · · Score: 4, Interesting

    Netkas, one of the hackers that basically made OSX86 possible, is not happy about how they've taken a community effort that was trying to stay away from the Apple hammer by not being involved with money. ON his blog netkas.org, he's updated the EFI bootloader license to be non-commercial...of course this would imply he'd have to reveal himself...

  12. Maybe Apple Wants This To Happen by mkaylor · · Score: 5, Insightful

    Just maybe Apple is allowing this to continue to test the waters for a PC version of OS/X

    1. Re:Maybe Apple Wants This To Happen by kannibal_klown · · Score: 4, Insightful

      Just maybe Apple is allowing this to continue to test the waters for a PC version of OS/X I doubt it.

      One of the main reasons Apples are stable is because the hardware they have to support comes from a very small bin. Heck, even with that they're not 100% bug free (google MBP keyboard issues).

      A lot of problems in Windows come from either poor drivers or low-quality components (which in turn often have old/poor drivers). For all of the flack we give MS, they do an alright job considering they have to support millions and millions of combinations of hardware.

      If next month they released a generic PC capable OSX it would be a disaster. Most of their problems would come from bargain-bin PCs from Joe Sixpack trying to run OSX on his $150 Walmart box.

      Linux has been dealing with this for a few years now, and though the community drivers are quite good, a lot of distros have problems with more "unique" or cruddy hardware.
  13. Re:Slow News Day? by p0tat03 · · Score: 5, Insightful

    There is as much "perceived value" in style and interface as there is "perceived value" in genuine performance. A computer is a tool to do something, and for the vast majority of users not running servers, the interface contributes to the tool's usefulness as much as teh megahurtz.

    Having used some truly horrible interfaces in my time, and having seen the real productivity improvements that come with superior design, I assign a pretty high value to usability. Just look at any recent Motorola phone *shudder*.

  14. Re:Slow News Day? by p0tat03 · · Score: 4, Insightful

    Do you have any information to actually back this up or are you just making things up? Why in your view is the operation "shady"?

    Slashdot covered this before, as have other sites. In summary, the company pulled credit card orders a few short days after announcing the product. Efforts to track down the company at its real-life address turned out to be difficult, and we still have not seen any evidence that the company is legit (there was no business by its name at the address listed on its site). When confronted with this information the company changed its physical address on its website numerous times, none of which seem to reflect a real business. THAT is why it seems shady. Indeed, it looks like this is an amateur operation at best, a scam at worst.

    Apple is overpriced because they can be. They are on x86 architecture now so they don't really have an excuse. You CAN compare them to similar spec'd PC hardware to see how overpriced they are.

    Go ahead. Do it. I've done it, as have many others. When you don't make cheap excuses like "oh yeah let's leave out the Bluetooth, 'cos who uses it anyways?" you'll find that Macs are quite competitive. Yes, there's still a premium, but "as overpriced as can be" is not it. I would say Sony's are far more overpriced than Macs.

  15. FYI by mpapet · · Score: 5, Insightful

    The mac market share isn't 4%. That's a dumb number that's used to make Windows appear much more dominant.

    Compare Dell's unit sales to HP's unit sales to Apple's unit sales for a given segment and you'll find Apple in the top-5 for sure on any given month. In laptops, Apple is #1 per unit and dollar and has been for a really, really long time.

    Still, I doubt there's the expertise on /. for a legitimate discussion about anti-trust.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  16. Oh, the irony... by imyy4u3 · · Score: 5, Funny

    The funniest part of this whole thing is the guy who wrote the patch that allows Psystar to install Apple's OS X on their PC boxes is pissed because Psystar is using his "free software" to make tons of cash and they are not giving him any of the profit. What's ironic is the fact that he blatantly violated Apple's EULA, and is now surprised that Psystar is violating his EULA. LOL.

  17. Refresh is not working for me.. by cheros · · Score: 4, Funny

    even cheaper right after a refresh

    I've now tried refreshing several times, but in my browser Mac prices stay the same.
    Should I switch to Safari? :-)

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  18. Re:Good by mrsteveman1 · · Score: 4, Informative

    It may not be, but they can do any number of technological restrictions in the name of preventing piracy.

    Encrypted binaries fit in there, especially since the key is sitting in the SMC chip, which only real macs have.

    Eventually breaking those restrictions, whatever they may be in the future if anything, may run afoul of the DMCA, in which case it is no longer a license issue. Somewhat like breaking DRM to use music on the device of your choice, this would be breaking locks on the OS to use it on the hardware of your choice, and both would technically violate the DMCA...right?

  19. The problem is by Sycraft-fu · · Score: 5, Interesting

    They don't have a consumer desktop line, which is what a whole lot of people and companies want. Their Mac Pros are good for the money if and only if you actually need all the high end hardware they mandate. The entry level Mac Pro is $2800 with no monitor. Now that's no surprising as it features things like dual quad core Xeons. Ok, fine, but there are very, very, very few apps that can use 8 cores. There are, in fact, very few that can use 4 cores. So for most people it, like much of the other high end hardware you have to get (ECC RAM, for example) is a waste of money. Consider that MPC (our supplier at work) will happily sell me a single quad core desktop for just under $1000.

    Thus it is overpriced if you don't need the hardware they are trying to push. They don't have a mid range tower at all.

    You can go down to their all in ones, but of course those come with their own problems. A big one would be why do I want to get a nice monitor, if I am going to have to get rid of it when the computer attached to it is obsolete? Monitors last longer than computers, particularly nice ones. You get a nice 24" IPS LCD, man, that's a keeper for a long time. However, the computer is going to get outdated at the same rate all computers do, which is to say fairly quickly. So if you buy the all in ones, you have to get a monitor every time you want a computer upgrade.

    That's a waste of money to most of us. Pretty much everyone I know keeps their monitors well past their computers. Either they buy cheap monitors, in which case they generally keep them until they break because they don't want to spend any more money on a display than they have to, or they buy good monitors, and they keep them because the monitor is still a good monitor and works for many years.

    I have a nice 26" IPS panel that I plan on keeping probably until it fails. Hell, first thing to go out on it will be the backlight, and I can and most likely will buy new tubes and a new ballast and replace it. It's a great display and when the day comes that I retire it from my primary system, it'll work very nicely on my guest system. No reason to throw it away in a couple years. However if it were tied to my computer, well that's what would happen. I upgrade my system very regularly. My monitor though, that lasts.

    So that's where the complaints against Apple's price tend to come from. It isn't that they are necessarily bad if you do a straight 1:1 comparison. It is that they don't offer many choices, and one of the choices they exclude is one of the most popular choices: consumer desktop/tower and separate monitor. People like that choice, and businesses REALLY like that choice. If you want a separate monitor, you either have to get a very low end system, with no upgradability (mini) or an amazingly powerful workstation (pro). Nothing in the middle range. Thus for most people, the pro is what they'd look at and it is expensive.

    Show me a mac tower with a single dual core processor and regular DDR2 RAM and then we can talk. Until then the choices are a system that isn't powerful or expandable enough or a system that is overpriced.

  20. Re:OS X EULA text, interpretation by mr_mischief · · Score: 4, Interesting

    Well, your reading of the EULA is interesting. Slapping an Apple logo on a non-Apple computer, though, would be a violation of Apple's trademark in their logo.

    As long as you're looking for interesting ways to read the end user license agreement, isn't that a license between Apple and the end user? PsyStar is reselling the OS, not using it.