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Apple Suit Demands That Psystar Recall OpenMacs

Da'Man writes "The Psystar saga takes another series of turns. Not only is the website down but an examination of the suit filed by Apple shows that the Cupertino Goliath wants Psystar to recall all Open Computer and OpenServ systems sold by the company since April. It seems that Steve Jobs is out to totally sink Psystar and put an end to Mac clones."

759 comments

  1. Oh Yeah! by MightyMartian · · Score: 5, Funny

    The more you tighten your grip, Jobs, the more star systems will slip through your fingers!

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
    1. Re:Oh Yeah! by s0litaire · · Score: 5, Funny

      Should that not be "The more you tighten your grip, Jobs, the more psystar systems will slip through your fingers!" :D

      --
      Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    2. Re:Oh Yeah! by nacturation · · Score: 5, Funny

      Should that not be "The more you tighten your grip, Jobs, the more psystar systems will slip through your fingers!" :D

      Yes, it should be... assuming you're a fan of explaining the joke within the joke itself, thereby rendering it unfunny.
       

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    3. Re:Oh Yeah! by SanityInAnarchy · · Score: 2, Insightful

      It's also portable. This joke now works without context, for people who know what a Pystar is.

      --
      Don't thank God, thank a doctor!
    4. Re:Oh Yeah! by commodoresloat · · Score: 4, Funny

      Thank goodness for that! I almost had to read the article!

    5. Re:Oh Yeah! by Joeyspecial · · Score: 3, Funny

      but why the Kool Aid reference?

    6. Re:Oh Yeah! by Nimey · · Score: 0, Offtopic

      You're assuming the hoke was funny to begin with. As with most Slashdot memes, it's been done to death so long ago that the bones are fossilizing.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    7. Re:Oh Yeah! by Anonymous Coward · · Score: 5, Funny

      You're a whiny little cuntwaffle, aren't you?

    8. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      Yes, your a troll... But seriously, thats brilliant. I'm going to have to drop that in casual conversations from now on.

      Cuntwaffle, the asshat for the 21st century!

    9. Re:Oh Yeah! by Solandri · · Score: 1

      The more you tighten your grip, Jobs, the more star systems will slip through your fingers!

      I guess now we know what that concave indentation on the side of the Apple logo is.

    10. Re:Oh Yeah! by LS · · Score: 1

      good lord, portable jokes? i've got some jokes that i've ported and would like to install in your mainframe buddy...

      --
      There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
    11. Re:Oh Yeah! by ssintercept · · Score: 1

      To us all your psystar belong. Yeesssssss.

      --
      "You can kill the revolutionary, but you can't kill the revolution."-- Fred Hampton
    12. Re:Oh Yeah! by LandDolphin · · Score: 1

      The goal of a meme onces it has been used "to death", is to wait and find the perfect moment to use it.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    13. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      It's also portable. This joke now works without context, for people who know what a Pystar is.

      Yes, but now your post has ruined both jokes. There's a fine line.

    14. Re:Oh Yeah! by Nimey · · Score: 1

      Too bad most of these people utterly fail at timing.

      I /know/ I'm socially retarded, but damn.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    15. Re:Oh Yeah! by stevelup · · Score: 0

      Dear A/C

      You might have been modded a troll, but you've given me a great new word to add to my insult vocabulary.

      Thanks!

      A/C

    16. Re:Oh Yeah! by sqldr · · Score: 1

      i don't get it

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
    17. Re:Oh Yeah! by mbadolato · · Score: 5, Funny

      The goal of a meme onces it has been used "to death", is to wait and find the perfect moment to use it.

      Oooo! Oooo!

      In Soviet Russia perfect moments for meme use wait and find you!

      *crickets*

    18. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      +5 Troll, You deserve it, I wish I had mod points.

    19. Re:Oh Yeah! by BPPG · · Score: 1

      I was about to say 'whoosh', but then somebody would reply to me and say whoosh back.

      --
      What's the value of information that you don't know?
    20. Re:Oh Yeah! by jorgevillalobos · · Score: 2, Insightful

      Thanks!

      A/C

      Are you admitting to replying to your own A/C post, or did you forget to click a certain checkbox? :P

      Not A/C

    21. Re:Oh Yeah! by Warg!+The+Orcs!! · · Score: 1

      *applause* and a big bouquet of flowers

      --
      Travelling forward in time at a rate of 1 second per second.
    22. Re:Oh Yeah! by mindwhip · · Score: 1

      Don't be to proud of this technological terror you have constructed... The ability to photoshop a planet out of the image is insignificant to the power of open systems.

      --
      [The Universe] has gone offline.
    23. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      I highly approve of the use of the word "cuntwaffle," bravo.

    24. Re:Oh Yeah! by yiantsbro · · Score: 1

      I was going to say 'whoosh back' but then I finished reading your post and figured somebody would reply to me and say 'he did not say whoosh'

    25. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      Psystar Wars 2: Attack of the clones

    26. Re:Oh Yeah! by A440Hz · · Score: 2, Funny

      Imagine a Beowulf Cluster of /. memes, you insensitive clod!

    27. Re:Oh Yeah! by BPPG · · Score: 2, Funny

      well played.

      --
      What's the value of information that you don't know?
    28. Re:Oh Yeah! by linhares · · Score: 4, Funny

      I'm a whiny little cuntwaffle, you insensitive clod!

    29. Re:Oh Yeah! by stevelup · · Score: 1

      Damn those cookies!

      I still think that a whiny little ladypart-battercake is amusing though...

    30. Re:Oh Yeah! by vegiVamp · · Score: 1, Interesting

      How do you make cuntwaffles ? Sounds strangely tasty.

      --
      What a depressingly stupid machine.
    31. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      You sir, are a genius.

    32. Re:Oh Yeah! by CountBrass · · Score: 1

      I've tried a similar line on women. But it's never worked.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    33. Re:Oh Yeah! by CountBrass · · Score: 1

      All your psystar are belong to us.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    34. Re:Oh Yeah! by Anonymous Coward · · Score: 0

      For those of you who also had to read that sentence 20 times before it made sense (largely due to 3h sleep and a killer day):

      "In Soviet Russia, perfect moments for meme-use wait and find you!"

    35. Re:Oh Yeah! by Doggabone · · Score: 1

      In Soviet /., a clod of insensitive memes imagine Beowulf Clusters of you!

    36. Re:Oh Yeah! by A440Hz · · Score: 1

      Forgot the Soviet Russia meme! Nice pile-on.

    37. Re:Oh Yeah! by jonco · · Score: 1

      It's all what you use in the batter...

  2. really? by cavtroop · · Score: 3, Funny
    It seems that Steve Jobs is out to totally sink Psystar and put an end to Mac clones.

    um, you THINK?

    1. Re:really? by PlatyPaul · · Score: 3, Funny

      Only on Tuesdays and holidays.

      --
      Misery loves company. Online misery loves unsuspecting random strangers.
    2. Re:really? by Adriax · · Score: 1

      Man, when union do you belong to? They make me think M-F and possibly weekends.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    3. Re:really? by Ironchew · · Score: 0

      um, you THINK?

      Well, now that we all know the secrets of Steve's brain, yeah.

    4. Re:really? by greenguy · · Score: 1

      If only there was some way to get inside Steve's brain. Sadly, there doesn't seem to be.

      --
      What if I do the same thing, and I do get different results?
    5. Re:really? by iron-kurton · · Score: 1

      and days that end in 'y'

      --
      Change is inevitable, except from a vending machine -- Robert C. Gallagher
  3. first post by Anonymous Coward · · Score: 0

    about time.

    pp4l

  4. Seriously? by Mistah+Bunny · · Score: 3, Funny

    Be honest - who didn't see this coming?

    1. Re:Seriously? by MoonBuggy · · Score: 2, Insightful

      To be fair, I wasn't expecting them to try and make Pystar take back the systems that they'd already sold.

    2. Re:Seriously? by SanityInAnarchy · · Score: 1

      I'm more surprised it took this long.

      --
      Don't thank God, thank a doctor!
    3. Re:Seriously? by larry+bagina · · Score: 1

      anybody who didn't read the article yesterday? Seriously, this was reported on yesterday and not some top secret provision. Seems like it would be hard to enforce specific performance like that if the purchasers (there can't be that many) don't want to return it.

      --
      Do you even lift?

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

    4. Re:Seriously? by Rinisari · · Score: 1

      Can they legally do this? Can Psystar owners be legally required to return their systems, obviously getting their money back?

    5. Re:Seriously? by spoot · · Score: 1

      They'll get mine when the peel it from my cold dead fingers....

      moses

    6. Re:Seriously? by Altus · · Score: 1

      Apple can ask for whatever they want.

      I believe they might be able to force Psystar to enact a recall since the units are "defective" since they cannot take security updates from apple. I do not believe that either party will be able to force users to give up their machines.

      Then again, given that these people have machines that cannot be updated, wouldn't you rather get your money back than have a machine that wont ever get another software update?

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    7. Re:Seriously? by Vancorps · · Score: 1

      I wouldn't think so, I've never heard of a mandatory recall before. You've always just run a certain safety risk in most situations. I could be wrong or uninformed but I don't think Apple can force Psystar to get all their merchandise back. Their customers would have no incentive to go through all the trouble and so they'd put up their own fight. Once you've bought something you've bought it. You can bring it back if you wish but they can't forcibly take it from you.

    8. Re:Seriously? by The+Slashdot+Guy · · Score: 1

      Then again, given that these people have machines that cannot be updated, wouldn't you rather get your money back than have a machine that wont ever get another software update?

      I'd probably keep it for the novelty of it. It will probably never become a sought after collector's item, but I think it'd be cool to have.

    9. Re:Seriously? by Altus · · Score: 1

      yea, and its cheep and its probably not your only computer.

      But if it was you might take that refund and buy yourself a new machine, either a mac or a PC just to know that you have some kind of support.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    10. Re:Seriously? by hurfy · · Score: 1

      20 years from now it might be an interesting footnote at least.

      Kinda like my Compaq/Compaq AT clone with no markings and a flaky bios stolen from someone. Sadly i gutted it to make it actually work right :(

    11. Re:Seriously? by jmorris42 · · Score: 1

      > wouldn't you rather get your money back than have a machine
      > that wont ever get another software update?

      Dude, you would think Pystar invented the Hackintosh the way you talk about em. If Pystar loses their customers will get updates the same way every other hackintosh owner does, via the dark corners of the Internet.

      --
      Democrat delenda est
    12. Re:Seriously? by DrOct · · Score: 1

      Ah yes. I remember Power Computing too. Made some good clones (of course theirs were authorized), I really shouldn't have let my parents give away our old one, it was a nice piece of computing history (especially in the history of Apple/Macs).

    13. Re:Seriously? by DrOct · · Score: 1

      Well, I'm not sure that they could never be updated again, people seem to have been updating hackintoshes (and that's effectively what these are) for some time, albeit slowly and with some amount of work. They could also just put another OS on them, like Windows or (this is Slashdot after all) some flavor of Linux.

  5. Hmmph. by Anonymous Coward · · Score: 1, Funny

    That megalomaniacal bitch can pry mine from my cold, dead hands -- but judging from the looks of ol' Steve lately, looks like he'll kick the bucket a lot sooner than I will.

  6. Great Idea! by Anonymous Coward · · Score: 0

    and while they are at it maybe they can get a unicorn!

  7. Apple particularly doesn't like things like this, by base3 · · Score: 2, Insightful

    because it exposes the fact that today's Mac desktops are just commodity hardware with an extra $1,000 charge for an OS X dongle (TPM).

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  8. EULA w/ full force of law by transporter_ii · · Score: 4, Insightful

    Notice that Apple filed approx a day after the WoW copyright decision. If there was some doubt on Psystar beating Apple on the validity of of the EULA...it is pretty safe to say that Psystar is about to get slapped down.

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
    1. Re:EULA w/ full force of law by Relic+of+the+Future · · Score: 1

      That is the most logical reason I've heard for why they hadn't filed earlier. Excellent deduction!

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    2. Re:EULA w/ full force of law by Amouth · · Score: 1

      i too hadn't thought of this..

      i was sure that the reason they didn't do it right away was if they lost then there would be an overnight startup every night doing this - and that is much worse than a single gutsy shady company doing it.

      now that the WoW case set presendce the risk of loss for Apple in this case has dropped to near 0%.. makes sence that they would do it now.

      and why they didn't do it before.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    3. Re:EULA w/ full force of law by Anonymous Coward · · Score: 5, Insightful

      IAALS (I am a Law Student). Having worked with litigators, I can gurantee that yesterday's ruling (which actually sets almost no precedent because it relied on existing copyright doctrines despite what Slashdotters thought) had exactly 0 to do with the filing date.
            I know this because:
                1. If there had been any real precedent set, the litigators would have taken at least several weeks to analyze the decision, make an educated guess as to whether the decision will survive appeals, recraft the complaint, and make sure all of this was OK with the client (Apple) before proceeding. Litigation takes time.

                2. The actual filing date of the lawsuit was July 3rd, and the Steve Jobs Reality Distortion Field is strong, but it does not enable time travel.

    4. Re:EULA w/ full force of law by Gat0r30y · · Score: 1

      Steve Jobs Reality Distortion Field is strong, but it does not enable time travel.

      Yet... Or has it already?....

      --
      Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
    5. Re:EULA w/ full force of law by Anonymous Coward · · Score: 0

      That case isn't over yet. I doubt Apple would be dumb enough to bet on an unsettled case. They haven't even made it to pretrial yet. Those summary judgments aren't that big of a deal (yet).

    6. Re:EULA w/ full force of law by Constantine+XVI · · Score: 1

      Overnight startups like Psystar are not Apple's worry. Dell, HP, Asus, et. al., being able to run OSX on their hardware is Apple's greatest nightmare.

      --
      "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
    7. Re:EULA w/ full force of law by gyranthir · · Score: 1

      http://psystar.com/ The site is up!!

    8. Re:EULA w/ full force of law by Anonymous Coward · · Score: 0

      >> but it does not enable time travel.

      There's Time Machine!

    9. Re:EULA w/ full force of law by krakelohm · · Score: 1

      If you let a little crack in a damn be, that drip soon turns into a flood that you cannot control.

      --
      You are all a bunch of idots.
    10. Re:EULA w/ full force of law by Anonymous Coward · · Score: 0

      "IAALS" still equals "IANAL"

    11. Re:EULA w/ full force of law by kestasjk · · Score: 3, Funny

      the Steve Jobs Reality Distortion Field is strong, but it does not enable time travel.

      Then explain Time Machine? Jobs can make things impossibly small, and let you touch your music, so why not time travel?

      What reality distortion field?

      --
      // MD_Update(&m,buf,j);
    12. Re:EULA w/ full force of law by Anonymous Coward · · Score: 0

      "2. The actual filing date of the lawsuit was July 3rd, and the Steve Jobs Reality Distortion Field is strong, but it does not enable time travel."

      I guess you aren't up to date on how he handled his stock options strike date.

    13. Re:EULA w/ full force of law by nsayer · · Score: 1

      No, but IAALS > AC.

    14. Re:EULA w/ full force of law by zonker · · Score: 0

      2. The actual filing date of the lawsuit was July 3rd, and the Steve Jobs Reality Distortion Field is strong, but it does not enable time travel.

      From your perspective of the timeline no, not yet.

    15. Re:EULA w/ full force of law by Anonymous Coward · · Score: 0

      >>the Steve Jobs Reality Distortion Field is strong, but it does not enable time travel.

      That's what he wants you to think.

    16. Re:EULA w/ full force of law by Anonymous Coward · · Score: 0

      You should work with a *spellchecker* if you intend to have any credibility as a liar. "Gurantee" is spelled ****guarantee****

      Punctuation, and - oh forget it....

    17. Re:EULA w/ full force of law by zmjjmz · · Score: 1

      Actually, Apple filed the suit on July 3rd, before the Glider precedent.

    18. Re:EULA w/ full force of law by Amouth · · Score: 1

      i think apple would be far happier with Dell or HP or even Asus puting OSX on boxes.. because they will atleast be (have a good chance of) being stable and correctly done - where as alot of fly by night startups would use questionable hardware configurations.

      example.. a Blue Screen of death in windows is something that everyone knows.. and associates with windows - yet only a hardware/driver failure can cause one. the lower quality the hardware/drivers the more likely for it to happen

      Apple with OSX is known for stability - start putting it on low quality hardware/drivers and that stability is going to go away - which would be a major loss to Apples image

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  9. I think this is the first time I've heard... by greenguy · · Score: 4, Funny

    ...Steve Jobs called a "suit."

    --
    What if I do the same thing, and I do get different results?
    1. Re:I think this is the first time I've heard... by oahazmatt · · Score: 1

      That's because calling him "a Turtleneck" sounds like an insult to his age.

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    2. Re:I think this is the first time I've heard... by ettlz · · Score: 4, Funny

      Well, the "u" and "h" keys are right next to each other...

    3. Re:I think this is the first time I've heard... by Anonymous Coward · · Score: 0

      That's because calling him "a Turtleneck" sounds like an insult to his age.

      Or an insult to his penis?

    4. Re:I think this is the first time I've heard... by Bieeanda · · Score: 1

      I swear, I can't go anywhere without a circumcision debate popping up.

    5. Re:I think this is the first time I've heard... by Sirch · · Score: 1

      I misread that as "slut" and had to do a double-take...

  10. IBM PC by fictionpuss · · Score: 5, Funny

    Apple have no choice - if only IBM had retained such control over the IBM PC. And where are IBM now?

    1. Re:IBM PC by PlatyPaul · · Score: 5, Insightful

      Showing a remarkably high trading value?

      Yes, IBM "got out of the game". No, it was not necessarily bad for them.

      --
      Misery loves company. Online misery loves unsuspecting random strangers.
    2. Re:IBM PC by iminplaya · · Score: 1

      Well, for one, most of us would be using these, and IBM would be doing at least well as they already are.

      --
      What?
    3. Re:IBM PC by Bert64 · · Score: 4, Insightful

      IBM only produced the hardware, Microsoft produced the software and look where they are now...
      Apple produce both, by your reckoning Apple would be selling about the same level of hardware that they are now, but selling millions of units of software.

      Also when you talk of retaining control, look at the absolutely farcical situation with AmigaOS 4. They are trying so hard to retain control that they've pushed away any customers they might have ever had.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    4. Re:IBM PC by fictionpuss · · Score: 1, Insightful

      Precisely. But since Apple is just brand image, they really do have no choice.

    5. Re:IBM PC by PlatyPaul · · Score: 3, Insightful

      I'll try not to pull a "fanboi" moment here, but you're leaving out their decision to make innovation-heavy niche market items as well.

      iPhone anyone?

      --
      Misery loves company. Online misery loves unsuspecting random strangers.
    6. Re:IBM PC by Techguy666 · · Score: 1

      Apple have no choice - if only IBM had retained such control over the IBM PC. And where are IBM now?

      In a position where they don't have to overstock inventory and cater to the whims of fickle Joe Consumer, competing for decreasing revenue; where they can choose to work with their former PC competitors (or not), offering relatively platform agnostic solutions to their enterprise level clients (and thereby making money as everyone else's middle man).

      Palm held on to their technology too tightly and were also overtaken.

      Retaining intellectual property is only useful if you can leverage that advantage to be the only game in town. If other competitors start muscling into your game, it might be time to switch games.

    7. Re:IBM PC by falcon5768 · · Score: 1
      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    8. Re:IBM PC by omeomi · · Score: 4, Insightful

      Since Apple's entire legal argument hinges on the fact that their EULA states that OSX can only be installed on Apple-branded hardware, it will be interesting to see if the courts uphold such restrictions in EULA's, or the existence of EULA's at all. Psystar makes an interesting argument that Honda can't make you sign a EULA telling you that you can only drive on Honda-approved roads, so why should Apple be able to control what systems OSX is installed on? Is there any precedent here? Has the legality of EULA's ever been put to the test in court?

    9. Re:IBM PC by i.r.id10t · · Score: 1

      I'm sure the tooling equipment for the M1 Carbines they built during WW2 is in a warehouse somewhere still... they could of course go back to building truly international business machines...

      --
      Don't blame me, I voted for Kodos
    10. Re:IBM PC by fictionpuss · · Score: 5, Insightful

      I'll try not to pull a troll moment here either, but I don't find anything particularly innovative about either the iPhone or iPod apart from the concept of marketing high-tech to a non-geek demographic. To a massive extent that concept alone determines the direction which the technology has to follow.

    11. Re:IBM PC by Timothy+Brownawell · · Score: 3, Interesting

      See this other comment. The precedent they likely want to use is the WoW / Glider case that we discussed yesterday, if you don't follow the EULA then the copy-to-ram that's part of running the software is apparently a copyright violation.

    12. Re:IBM PC by Anonymous Coward · · Score: 2, Interesting

      VERY interesting. So this is a win-win lawsuit for Apple. If they win, they keep their control of hardware for OSX. If they lose, they potentially weaken Micro$oft EULAs. :-)

    13. Re:IBM PC by Anonymous Coward · · Score: 0

      >>iPhone anyone?

      No thanks. I don't belong to any cult anymore. Also, I would like a real keyboard.

    14. Re:IBM PC by larry+bagina · · Score: 3, Informative

      Psystar is also redistributing modified versions of Apple security updates.

      --
      Do you even lift?

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

    15. Re:IBM PC by PlatyPaul · · Score: 2, Insightful

      Call it what you like, but handheld multitouch is fairly novel, and the automatic screen-turning isn't too shabby either.

      These things aside, with other nearly-iPhones that are around (such as by LG and Meizu), Apple still seems to be doing quite well on that end. Maybe there's something to be said about brand name (and, as some say, attention to detail)? By restricting the realm of what is an Apple device, this can be seen as an attempt to guarantee consistent quality.

      --
      Misery loves company. Online misery loves unsuspecting random strangers.
    16. Re:IBM PC by History's+Coming+To · · Score: 4, Insightful

      I think that in legal terms it's the fact that the software is pre-installed. If they just sold the hardware and it happened to be OSX compatible then there's absolutely nothing Apple could do (presuming they've not infringed any patents in the process). They're effectively reselling the OS and using it to advertise another product (the hardware). To stick with the car analogy, it'd be like selling a tiny little car with a Bugatti Veyron engine and advertising it on that basis. Bugatti would (probably quite rightly) complain that the cooling systems etc simply weren't designed to work with a small car, and the engine would probably break down, damaging their reputation in the process.

      --
      Please consider this account deleted, I just can't be bothered with the spam anymore.
    17. Re:IBM PC by Anonymous Coward · · Score: 0

      it's more like honda doesn't have a EULA that says you can't install non-honda parts- though they probably do have something that voids your warranty if you do.

    18. Re:IBM PC by nine-times · · Score: 5, Insightful

      The only thing is, it's not really the same thing since Psystar isn't an End User. So Honda might not be able to able to make you sign an agreement saying you'll only drive on Honda approved roads (but I don't know, maybe they can?), but Honda could probably make their dealerships sign an agreement saying they won't engage in certain business practices. The analogy isn't perfect, but analogies rarely are.

      Because the thing is that Psystar is installing altering the software, copying it, and then distributing the copies. Hence, this isn't an issue of EULAs, but blatant copyright infringement unless they have a license. If the EULA specifically allowed this, they could try to use the EULA to protect themselves, but the EULA makes no provisions that allow them to do this.

      Of course, IANAL, so I could be wrong.

    19. Re:IBM PC by cpu_fusion · · Score: 4, Interesting

      In so much as WoW/Glider is a district court opinion, it has a nonbinding, advisory effect. If it was an appellate opinion, it's only limit to that circuit (a few states.)

      Shrinkwrap licenses are not a slam dunk. They're better than browse-wrap or even click-wrap, but the circuits are split on them if I recall correctly. They may also be held invalid for being substantively and procedural unconscionable. (I would think especially so in this particular case.)

      In particular, shrinkwrap licenses that purport to limit fair use are not a slam dunk. The first amendment is the fount of fair use (Sony v. Betamax) and thus of constitutional dimension. While the first amendment is only binding on government actors, the court itself is a government actor, adn therefore by enforcing a fair-use limiting contract (the EULA) the court is essential depriving fair use 1st amendment rights. That's the argument at least. I think its' the right one. We wouldn't want the court to eforce contracts to permit slavery (13th amendment), and I think limiting free speech is particularly dicey. But hey, it happens ALL THE TIME with contracts (nondisclosure for example.) I just don't think it's right for the courts to enforce it.

      The biggest problem here for Apple is monopoly issues and tying, which I see Psystar counsel has wisely raised. (You can be a monopoly of a more restricted relevant market than just OSs in general..)

      Just my opinion, as a non-lawyer.

    20. Re:IBM PC by mweather · · Score: 1

      Or the counting machines they sold to the Nazis to figure out who gets the gas chamber and who gets worked to death.

    21. Re:IBM PC by mc900ftjesus · · Score: 5, Insightful

      Instead of a WinMo device going into portrait mode by hitting a button or opening a slide-out keyboard, it has a tilt sensor, the Wiimote had one before the iPhone. Instead of a single touch, you can use 2 fingers, like in that Tom Cruise movie with seeing the future. Say it how it is, using terms like "multitouch" glorifies a rather arbitrary concept.

      Innovation is 90% efficiency solar panels or 100 MPG cars or even the company that invented the hardware that makes multitouch work, something that doesn't exist, not utilizing things that are already available.

      What Apple does is polish concepts, just like Blizzard. Blizzard didn't invent the RTS or MMO but they polished them into something really good (actually I hate WoW, but it is what it is).

    22. Re:IBM PC by omeomi · · Score: 1

      Because the thing is that Psystar is installing altering the software, copying it, and then distributing the copies. Hence, this isn't an issue of EULAs, but blatant copyright infringement unless they have a license.

      I think altering it may be illegal, but I don't think just installing software on a computer and selling it is copyright infringement, as long as each installed copy of the OS is accompanied by a license from Apple. For instance, I could start a small computer business where I will build a computer for you and install Windows on it. As long as I buy a new copy of Windows from Microsoft for every computer that I install it on, there's no copyright infringement.

    23. Re:IBM PC by Anonymous Coward · · Score: 1, Insightful

      I know this is slashdot, but still... RTFA

      Isn't this just a case of Psystar breaching Apple's EULA (End User Licensed Agreement)?

      No. On the face of it this suit might seem a little petty given that each copy was legitimately purchased, but Apple claim that Psystar's Open Computer and OpenServ systems run a "modified unauthorized version of the Leopard operating system." Psystar has also been pushing modified versions of Apple's security updates (modified so that they'll work on Psystar's machines) via its website.

    24. Re:IBM PC by Anonymous Coward · · Score: 0

      Except you don't own your copy of OSX.. you only own a license to use it according to Apples restrictions.

      The Courts just upheld Blizzard's EULA and TOS in the ongoing Glider Lawsuit.

      My feeling is that as long as the restrictions are not unreasonable, the courts will uphold it.

    25. Re:IBM PC by fictionpuss · · Score: 5, Insightful

      Call it what you like, but handheld multitouch is fairly novel, and the automatic screen-turning isn't too shabby either.

      IIRC these ideas and more where being thrown around on the OpenMoko mailing list before the iPhone was announced.

      While I'm not going to dispute Apples success in putting everything together, I find it hard to credit them with technological innovation when these ideas were being casually thrown around by a bunch of random geeks on a mailing list.

      By restricting the realm of what is an Apple device, this can be seen as an attempt to guarantee consistent quality.

      Precisely. Which is why I say their marketing concepts are more innovative than their tech.

    26. Re:IBM PC by Sandbags · · Score: 1

      ...but Honda DOES state that you can only use Honda Approved parts, or void your warranty, and they also refuse to allow changes to any parts of the electrical system or engine for the first 36K miles or void just the same (including upgrading/replacing the radio or adding aftermarket DVD systems) You also can't exactly install a Honda computer from one car into another Honda and expect it to work...

      beyond that, tinkering to some extents could cause the car to no longer be street legal, including changes to the exhaust, drive height, noise output, tint levels, and more.

      government, and the manufacturer itself, have very presice controls on what you can and can't do with their stuff, and it has been held up in court.

      Apple has a lot of proprietary technologies in their systems, and installing their OS on hardware that does not conform to their strict hardware specifications (and supported components and drivers list) requires reverse engineering some of those technologies, which is illegal. Also, since their product is commonly understood to "just work" and the Psystar systems clearly don't, and since there's no clear detachment from OS X on that box and Apple itself, the general public could become confused about Apple's OS stability and operation, and that could indeed harm Apple's image.

      When intel is ready, Apple will release OS X for EFI based mainboards, conforming to a tight HCL list for additional components (video, chipset, etc). unfoirtunately, until microsoft adds native EFI support to XP, Vista, 2003, and 2008 server, Intel is very unlikely to release in mass those boards (as their only use would be for Apple machines and a few quirky linux distros). Since microsoft is the hold up (especially since they PROMISED EFI support 3 years ago!) I really can't blame Apple much. Their OS is simply NOT COMPATIBLE with i386 and BIOS, so why should they release it unless there is a supported system base?

      --
      There is no contest in life for which the unprepared have the advantage.
    27. Re:IBM PC by PhreakOfTime · · Score: 1

      Normally, those who choose to micromanage EVERY aspect of their business experience the same problem.

      They are so busy focusing on the most minute detail, that they never really take a step back and see the big picture.

      Take the example of a real-estate company in my area. They were so 'concerned' about the most minute detail, in this case domain names that other people owned, they never took a step back to see the big picture and how their actions would be percieved to the world outside of the bubble that they seem to exist in. The company was Caton Commercial, and instead of attempting to broker a deal to legally purchase the property they wanted, they chose to hire a lawyer to send a threatening C&D letter that demanded the domains be turned over to them for no charge, under threat of legal action. For reference, the entire Cease and Desist letter has been posted online

      The end result, searching for their company name, now brings up near the #1 result, the current court cases in this county that the company is involved in.

    28. Re:IBM PC by jellomizer · · Score: 1

      Very different goals.
      Apple "still" serves a niche market. Apple Computers are not good for everything and there are a lot of "common" PC Features that are still not present because it doesn't really fill the need for Apples niche. Microsoft and IBM at the time wanted to be the everything for everyone PC. Thus they got where they are. Apple primary focus is end user PCs (yes they have a server line) and target primary the Educated Professional area. Being this is actually a tough market as they can be quickly aware of competition and judge quality, for Apple to keep its customer base it needs to be tough on 3rd party. As most of people in the group will realize (hey I can get the same for less, then they will) thus competing with Apple. Apple also puts a lot of R&D money into the projects and people forget the cheap copies really dig away from that expense. OMG this Apple Product costs $500 while they have spent 4 years of developing it, costing them millions. Then within 3 months a copycat will see it and just copy it and change anything that would make break patent or copyright laws, so Apple only has that short window to make a profit on their products. Being tough on those people may be able to get them a few more months so they can make a profit.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    29. Re:IBM PC by Sandbags · · Score: 4, Insightful

      Actually, the licence is binding, since the product can be returned, for full refund without penalty, as long as the software seal inside the package remains intact. Since the Licence agreement can be read withough installing or operning the software, there is a clear path for the user to take to refuse its terms.

      Further, many products have not only use restrictions from the manufacturer, but under penalty of federal law, the use of certain devices in certain circumstances can be prevented. The FCC has a large part in that with anything that could potentially cause interference. The DMV has a lot to do with how a car can be used, loaded with cargo, and more.

      In a more direct comparison, it have been held up in court that a software vendor can sue successfully for the use of non-commercial, or student only software in commercial spaces. Also, the resale of licenses for system-specific use, like anti virus and other subscription based packages, has also been protected.

      In this case, the use of Apple's software on non-apple branded equipment would mean that the DRM functionality of that software (The requirements of an EFI firmware as well as a special ROM circuit) had been defeated, and thus is a violation of the DMCA as well as the software licence agreement.

      Since the purchaser has 1) been ninformed of the licence, 2) been given an opportunity to refuse it without penalty, and 3) agree to the terms by performing a physical action (breaking the seal or clicking accept), then at that point it is no longer a licence, but a contract between parties. Licences can also be revolked, at will, by the issuer, with or without reason or provocation, and the continued use would thus be unlicenced and illegal. Apple has simply unlicenced every Psystar system.

      --
      There is no contest in life for which the unprepared have the advantage.
    30. Re:IBM PC by Vancorps · · Score: 2, Insightful

      You're even allowed to make some modifications to it with Microsoft's OEM licensing. Apple doesn't offer such licensing. Of course under the doctrine of first sale it should be legit regardless of special OEM licensing.

    31. Re:IBM PC by remmelt · · Score: 1

      They're actually saying that? I wasn't aware that Honda made roads as well. And that there are multiple different roads and different road-vendors to choose from.

      Who knew?

      (Car analogy gone bad, much?)

    32. Re:IBM PC by fictionpuss · · Score: 0, Troll

      Being tough on those people may be able to get them a few more months so they can make a profit.

      I don't dispute this. But I do have a problem with any business model which relies on stifling innovation and openness. To me, the means don't justify the ends.

    33. Re:IBM PC by Solandri · · Score: 1

      The precedent they likely want to use is the WoW / Glider case that we discussed yesterday, if you don't follow the EULA then the copy-to-ram that's part of running the software is apparently a copyright violation.

      What if you buy two copies and don't open the second one?

      Yes I realize this is a silly thing to do. I'm just pointing out that the copyright violation issue is separate from the EULA issue.

    34. Re:IBM PC by lwsimon · · Score: 1

      Find that tooling, and I will buy it. It is extremely difficult these days to find a good, inexpensive M1 Carbine :(

      --
      Learn about Photography Basics.
    35. Re:IBM PC by omeomi · · Score: 4, Informative

      ...but Honda DOES state that you can only use Honda Approved parts, or void your warranty

      That's not true, by law, an aftermarket part can only void your warranty if it is responsible for the warranty claim. Back to Apple, this comes into play with jailbreaking iPhones, for instance. If you brick your phone, you've likely voided your warranty, but if the power button falls off or something, that's still covered under warranty, even if you've jailbroken your phone.

      (including upgrading/replacing the radio or adding aftermarket DVD systems)

      Upgrading your radio will not void your warranty unless the radio causes something else to fail. If you upgrade your radio, and blow your speakers, they're probably not going to be covered, but if you upgrade your radio and your wheel falls off, that's still covered.

      You also can't exactly install a Honda computer from one car into another Honda and expect it to work...

      That's a technological limitation, not a legal one.

      Apple has a lot of proprietary technologies in their systems

      If you're talking about hardware, that's not even close to true. At one time their systems were significantly different from Windows machines, but now they're built with the exact same hardware. The only difference is Apple motherboards have a chip that OSX looks for. It could be argued that circumventing this security measure is a violation of the DMCA, I suppose...

    36. Re:IBM PC by aftk2 · · Score: 3, Insightful

      Bah. Real artists ship.

      --
      concrete5: a cms made for marketing, but strong enough for geeks.
    37. Re:IBM PC by omeomi · · Score: 1

      They're actually saying that?

      Yes, there was a quote from a Psystar representative in the New York Times yesterday that said something similar. It might have been Toyota or some other car company, but the argument was the same.

      I wasn't aware that Honda made roads as well.

      I did say "Honda Approved"...

    38. Re:IBM PC by Anonymous Coward · · Score: 0

      At least twice.

      ProCD v. Zeidenberg, which for whatever people always overlook, which upholds the legitimacy of "shrinkwrap licenses" and restricted the use of an electronic telephone directory. Really, it's as more of a contract issue, which the EULA is, as opposed to copyright.
      http://en.wikipedia.org/wiki/ProCD_v._Zeidenberg

      and now - MDY v. Blizzard (though I haven't read the actual decision yet.)
      http://www.mmoglider.com/legal/order_july14_2008.pdf

      A lot of judges really just don't seem to have a good grasp on computers, IMHO.

    39. Re:IBM PC by rgviza · · Score: 1

      >In this case, the use of Apple's software on non-apple branded equipment would mean that the DRM functionality of that software (The requirements of an EFI firmware as well as a special ROM circuit) had been defeated, and thus is a violation of the DMCA as well as the software licence agreement.

      What if they simply added firmware that did the same job as the apple firmware and didn't tamper with the operating system software or defeat it?

      Surely there's no law against *adding* DMCA hooks to the hardware? You are enabling, not defeating in this case.

      -Viz

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    40. Re:IBM PC by MattW · · Score: 1

      If IBM had retained a lock on the PC, something else would be the dominant computing platform. The main reason Apple is gaining traction with their own platform is because they can build on free software, and because Microsoft has an OS monopoly on PCs and has poisoned the market with their lousy OS.

    41. Re:IBM PC by retnuh1 · · Score: 3, Insightful

      The main problem is redistributing the modified software for profit, big copyright no no. As I doubt any commercial software company would be ok with someone else selling modified versions of their software, this is just blatant infringement. I think this also shows why it took so long for Apple to sue, they needed to get everything in order to build a full case as the EULA by itself might not hold up. The copyright, image, trademarks, etc... side is something Apple can succeed on.

    42. Re:IBM PC by aztracker1 · · Score: 1

      Yeah, "lots of proprietary technologies"... that's why running on non-apple hardware is a simple boot loader hack... Sorry, but since the x86 switch, apple is far less proprietary. The only proprietary thing amounts to a custom firmware... And Compaq proved you could reverse-engineer stuff like that a few decades ago when they cloned the IBM bios. People are buying shrink-wrap copies of the OS at full retail pricing, so Apple can shove off, imho.

      --
      Michael J. Ryan - tracker1.info
    43. Re:IBM PC by mrsteveman1 · · Score: 2, Informative

      That chip is the SMC, the only thing they do is grab an encryption key out of the chip and use it to decrypt protected binaries. The key can be read out by some simple code, its not even protected.

    44. Re:IBM PC by Anonymous Coward · · Score: 0

      IIRC these ideas and more where being thrown around on the OpenMoko mailing list before the iPhone was announced.

      How does that qualify as an argument? I'm going to go out on a limg and guess that inside Apple, people were not only throwing around ideas about what an iPhone might include, but they may have actually been using actual prototypes, long before the thins was announced to the public.

      For that matter, way back when cell phones came mounted in a bag with half a car battery inside, I bought my first handheld GPS. Back then I thought it would be great to have a single device that would do both. And when I bought a Palm I though Palm features would be cool too.

    45. Re:IBM PC by remmelt · · Score: 1

      Hmmm. The argument still stands though. Only a fleshwound!

    46. Re:IBM PC by freemywrld · · Score: 1

      "For instance, I could start a small computer business where I will build a computer for you and install Windows on it. As long as I buy a new copy of Windows from Microsoft for every computer that I install it on, there's no copyright infringement."

      But you CANNOT buy one copy of Windows, modify it, and then start selling your modified version for profit. Well not without ending up in court, that is.

    47. Re:IBM PC by fictionpuss · · Score: 1

      100% of Apple's success is due to their brand, not because they make good products. Obviously!

      I'm not sure I understand your point. Are you saying that the flagship application areas for OSX would not be serviced in some form on Windows/Linux in a universe without Apple?

      The reason why those applications you mention aren't ported and sold for Windows or Linux? Because it would dilute the brand.

      The brand helps maintain the niche which they have developed through reputation, and is self-sustaining in that regard. Apple make great products - but they are nothing without their 'brand', which is why they so fiercely defend it.

    48. Re:IBM PC by Anonymous Coward · · Score: 0

      What is their marketing concept? I've seen one commercial for it. I've seen the same number of commercials for competing products, and they don't seem as popular. As I see it, Apple's "marketing concept" is one commercial. Can you fill in what you mean?

    49. Re:IBM PC by m.ducharme · · Score: 1

      I mean really, why do they even bother? Shit, everyone knows that all you need to be successful is a good brand. If your product sucks donkey balls, you'll still be profitable, year after year. All you need is a good brand! Experience doesn't matter, quality doesn't matter. Just brand! 100% of Apple's success is due to their brand, not because they make good products. Obviously!

      Ahem. may I draw your attention to... Microsoft or perhaps Nike?

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    50. Re:IBM PC by clampolo · · Score: 2, Insightful

      Is there any precedent here?

      FPGA manufacturers usually have a clause in their compilers that states the output of the compiler can only be used to program their proprietary chips. The courts ruled that the license is enforceable.

      Saying that you can only run OSX on Apple's hardware sounds like the same thing. So if the court respects precedence, then Apple will win.

      Sometimes, if you take an idea to its extreme you can find out if it is just or not. What if Microsoft said that it was illegal to use their operating system except with a Microsoft keyboard and a microsoft mouse?

    51. Re:IBM PC by Hijacked+Public · · Score: 1

      You need to shoot in matches, then you can buy from the Civilian Marksmanship Program.

      --
      "Sacrifice for the good of The State" - The State
    52. Re:IBM PC by Vancorps · · Score: 1

      I guess it all depends on what you mean by modifying software. OEMs for Windows can rebrand everything and automate the install with any number of customizations. I got the impression that's all Psystar did with OS X. If that's the case there would be no grounds but again, Microsoft has licensing to accommodate this while Apple does not. So it may indeed be a violation of the EULA.

    53. Re:IBM PC by nine-times · · Score: 1

      For instance, I could start a small computer business where I will build a computer for you and install Windows on it.

      IANAL, but I would guess that you can do that because the Windows license allows it. Again, IANAL, but it seems to me that it might be possible that a developer could make their license so as to allow installation by the end-user but forbid selling it pre-installed by a third party.

      The doctrine of first sale applies to the copy you buy-- so Psystar can buy the Apple-pressed DVDs from Apple and then resell them. However, making a copy (by installing it) and then selling that copy is a different matter. Even more so if they're modifying it, which probably makes it a "derivative work".

    54. Re:IBM PC by Sandbags · · Score: 1

      Yes, it only applies to the parts, and can to those directly connected to it. Transmission failure would still be able to be warrantied if your new radio fried the car's power system.

      Installing Apple's OS on BIOS based hardware is a technological limitation, that requires cracking code to make work. This is both a legal and physical limitation.

      BIOS and EFI are hardware (firmware) differences, not software or DRM. they do not use TPM chips anymore.

      --
      There is no contest in life for which the unprepared have the advantage.
    55. Re:IBM PC by revscat · · Score: 1

      The reason why those applications you mention aren't ported and sold for Windows or Linux? Because it would dilute the brand.

      I can think of several reasons why they wouldn't be ported, of which "branding" is only one. But the overarching reason is because it is not profitable for them to do so.

      I think part of the disconnect is due to the nebulosity of the term "brand." Apple makes good products that appeal to millions of people. The quality of those products helps their brand, yes. So does customer loyalty. You go on to say: "Apple make great products - but they are nothing without their 'brand', which is why they so fiercely defend it." The only quibble I have with that statement is the "they are nothing" part. Apple is nothing without the great products; the brand is a result of that.

    56. Re:IBM PC by Anonymous Coward · · Score: 0

      Dude, this is the real world, so money talks and bs walks...
      Apple can take it to court and crush Psystar. They will just hire the best lawyers and they will destroy any sane argument, stronger it may appears, as the judges and justices in the US are all VERY corrupt.
      So, welcome to the real United States...

    57. Re:IBM PC by Sandbags · · Score: 1

      Many of the drivers in use are Aplle's own, not provided by intel or other manufacturers. Were you to find a legal way of avoiding EFI without a DMCA or reverse engineering violation, and could you provide all your own drivers for hardware that apple wrote their own for, you might be able to slip by legally, but you still have to worry about the fact that an EULA is a binding legal contract (until otherwise shot down in court, for which it has faced many battles and not yet lost.

      --
      There is no contest in life for which the unprepared have the advantage.
    58. Re:IBM PC by Sandbags · · Score: 3, Interesting

      well, since the construction of that firmware is a proprietary technology, patented by a group of companies (Intel, Apple, and a couple of others), you would require permission from them to licence that chip technology in order to do that. Not going to happen....

      It's not Apple's firmware you're circumventing, but a core component of the Intel Board, for which Apple is currently the only OS that has native (and approved) support for, aside from a small open source linux distro or two that also garnered permission.

      --
      There is no contest in life for which the unprepared have the advantage.
    59. Re:IBM PC by Anonymous Coward · · Score: 0

      Psystar makes an interesting argument that Honda can't make you sign a EULA telling you that you can only drive on Honda-approved roads

      That's almost a Chewbacca level Bad Car Analogy. Go Pystar!

      Anyway, No, it's like Honda saying you can't install their parts/software/warranties on anything but a Honda. In particular you can't install their parts/software/warranties on anything but a Honda and retail it as a product.

    60. Re:IBM PC by Kadin2048 · · Score: 5, Insightful

      Innovation is 90% efficiency solar panels or 100 MPG cars or even the company that invented the hardware that makes multitouch work...

      I think that's a very limited definition of "innovation."

      A better definition might be "solving a problem through the novel application of technology". The technology might be completely new, or it might be existing technology used in a new way. Either one can be innovative.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    61. Re:IBM PC by Anonymous Coward · · Score: 0

      Honda hasn't - but Nissan definitely has. http://www.autoblog.com/2007/12/22/nissan-gt-r-recognizes-tracks-via-gps-removes-speed-limiter/

      For those not in the know, the ECU limits the speed of the car when not on a Nissan approved track - in essence, a rigidly enforced EULA to stop you from racing. Also, if you don't get your car serviced after taking it to the track, its warranty is void.

      Bad analogy, it's actually already been done.

    62. Re:IBM PC by Timothy+Brownawell · · Score: 1

      Of course under the doctrine of first sale it should be legit regardless

      Of course stripping people of their first sale and ownership rights is exactly why we have EULAs and "licensed, not sold" stamped on everything...

    63. Re:IBM PC by serviscope_minor · · Score: 4, Insightful

      Call it what you like, but handheld multitouch is fairly novel, and the automatic screen-turning isn't too shabby either.

      There's really no competition if one is comparing Apple to IBM in terms of innovation. In one corner, you have a neat interface based on multi-touch (they didn't invent the multi touch sensor itself). In the other corner you have the hard disk.

      --
      SJW n. One who posts facts.
    64. Re:IBM PC by bill_kress · · Score: 1

      Might it be a good analogy to say they are buying the engine from Honda (an engine that Honda sells only with an agreement that it goes into Honda bodies) and placing it in some new, cheap car of their own design?

      With this analogy, it seems a little less obvious what the answer is, but you certainly haven't seen any cases of a car manufacturer doing this (at least I don't think you have).

      This no-brand company selling some POS car that they advertise has a "100% honda engine", that seems like it might hurt Honda's brand a little, but not much.

      Honestly it seems legit no matter how you look at it--Apple's just being butt-hurt because they have always been able to charge whatever they want for their hardware without fear of competition.

    65. Re:IBM PC by hob42 · · Score: 2, Insightful

      > I find it hard to credit them with technological innovation
      > when these ideas were being casually thrown around by a bunch
      > of random geeks on a mailing list.

      And there wasn't any technological innovation involved with the Apollo program, either. I mean, Kennedy talked about us going to the moon ten years before we got there. And he was just a politician!

      Sorry, I know it's a bad analogy, but the argument was bad to begin with.

    66. Re:IBM PC by LS · · Score: 1

      Psystar makes an interesting argument that Honda can't make you sign a EULA telling you that you can only drive on Honda-approved roads, so why should Apple be able to control what systems OSX is installed on?

      Honda doesn't do this because if they did no one would buy their cars, but I wouldn't be so sure that they aren't legally free to create such contractual obligations if they so wished...

      LS

      --
      There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
    67. Re:IBM PC by just_forget_it · · Score: 1

      The reason Microsoft was able to be so successful is because IBM allowed their technology to be copied. Before then, each computer manufacturer had it's own architecture and OS specifically written for it. They were essentially more like game consoles than what we view today as PCs. IBM Compatibles allowed Microsoft to license the same OS to several different manufacturers, since they were all following a basic standard.

      Apple might have been just as successful if they had beaten Microsoft to the punch, but that would have meant Apple having to reinvent itself into a software company. Once your software is on more than one machine and price competition can occur, you might as well forget trying to make hardware, too. Producing both is actually a hinderance to your software propagation.

    68. Re:IBM PC by fictionpuss · · Score: 1

      You go on to say: "Apple make great products - but they are nothing without their 'brand', which is why they so fiercely defend it." The only quibble I have with that statement is the "they are nothing" part. Apple is nothing without the great products; the brand is a result of that

      Okay - but the brand is an identity unique to Apple, "great products" aren't.

      That's what breaks the chicken and egg comparison, and why I pick 'brand' as the current (perhaps not historic) root.

    69. Re:IBM PC by retnuh1 · · Score: 1

      I guess it comes down to are the customizations a feature that others are allowed to use or not. In MS's case yes, they purposely built that and licensing to allow it. I'm not sure what changes have been made to the update packages, tweak a setting or two, or disable certain system checks, etc.. but if it wasn't an end user feature of the update packages and they don't have a license to redistribute them its a copyright issue not a EULA issue. One could argue that the update packages are their own separate copyrighted code that doesn't fall under the main OS X EULA because its an after the fact installation. Actually I'm not sure the update packages have their own EULA, so standard copyright laws would apply. As another note, even with the EULA, copyright still applies which handles cases of distribution.

      Take a look at what it takes to distribute an IE installation CD, while its "free" there are certain conditions you have to be compliant with in order to get that right. I believe Adobe does something similar with Acrobat Reader, ie you have to use their graphics from their website, and blah blah blah....

    70. Re:IBM PC by TJamieson · · Score: 2, Insightful

      Who modded the above "Troll"? It's true. Ideas are just ideas. Product is what matters, and though I applaud OpenMoko they're a bit late to the game.

      --
      For the last time, PIN Number and ATM Machine are redundancies!
    71. Re:IBM PC by LandDolphin · · Score: 1

      So then MS would be innovative

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    72. Re:IBM PC by Anonymous Coward · · Score: 0

      I think a better analogy would be that Honda makes cars and engines. They say that you can only use a Honda engine in a Honda car...and then this company Psycar comes around and buys (legitimately) a bunch of Honda engines...and starts putting them in their own car bodies. And then goes around saying: Hey buy a Psycar powered by Honda!

    73. Re:IBM PC by Anonymous Coward · · Score: 1, Interesting

      Bah, you knucklehead, BIOS and EFI are *SOFTWARE*!!!

      Just because they live in the firmware hub, they are inherently SOFTWARE and executed by the processor.

      "Firmware" != "Hardware", it is "SOFTWARE!"

    74. Re:IBM PC by drinkypoo · · Score: 1

      The main problem is redistributing the modified software for profit, big copyright no no.

      This is not illegal unless the shrinkwrap license is binding.

      If I buy a car and modify it, I can resell it. It is fraud to not tell you I have modified it and sell it sight unseen since "1993 Subaru Impreza LS" has a specific meaning which doesn't include captain's chairs (no, I don't have captain's chairs in my subaru. just dingle balls and shag carpet.)

      If I TELL YOU I have modified the software product, and I deliver the original media to you as well as any and all copies derived from it, then I'm not breaking the law (as per first sale law) unless the EULA is enforceable.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    75. Re:IBM PC by torkus · · Score: 0

      Not lookint to start a flamewar either...but Apple is not a huge innovation company. They LICENSE innovations and then put them together in appealing packaging and make comprimises to fit a niche market that other larger scale retailers will not do.

      They licensed multi-touch. The licensed the scroll-wheel that essentially invented the iPod. They purchased the 1.8" hard drives when they first became commercially available. They purchase intel CPUs, standard LCD panels...etc.

      Is the Shell on the Air nicely designed? No doubt. Is it innovative by itself? No. The gutts they bought.

      Is OSX innovative? Perhaps...but again, it's based off something anyway (i.e. linux).

      Iphone. Multi-touch + large LCD screen + phone. Nice combination but none are innovations of apple.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    76. Re:IBM PC by torkus · · Score: 2, Informative

      They also didn't invent multi-touch.

      MS actually had a demo multi-touch computer back in the 90's.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    77. Re:IBM PC by drinkypoo · · Score: 2, Informative

      ...but Honda DOES state that you can only use Honda Approved parts, or void your warranty, and they also refuse to allow changes to any parts of the electrical system or engine for the first 36K miles or void just the same (including upgrading/replacing the radio or adding aftermarket DVD systems)

      It's very simple, the magnuson-moss warranty act prohibits this sort of thing, you can only demand that the parts meet your specifications, then you have to prove that they don't. It's cheaper just to provide the warranty service anyway. That text in there is just there to scare people, and they have no real legal leg to stand on.

      You also can't exactly install a Honda computer from one car into another Honda and expect it to work...

      No, you'd have to swap the whole engine probably or at least big pieces of harness, which would reasonably void your warranty.

      Seriously though, putting non-Honda transmission parts (e.g. new synchros or something) will NOT void your powertrain warranty, nor will having the service done by someone other than the dealer, even during the warranty period. That's illegal anywhere in the US.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    78. Re:IBM PC by torkus · · Score: 2, Insightful

      Beg to differ. Right of first sale or whatever nonsense it's called.

      I already bought product XYZ without limitation. You're trying to enforce a contract after the fact. The "agree or return it" is still an attempt at enforcing a contractual obligation after the fact. I simply decline the entire agreement in whole - including that part. They can't force an action upon me (such as returning) that I don't agree to.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    79. Re:IBM PC by torkus · · Score: 1

      Sorry, but modifying software is NOT copyright infringement.

      They're legally purchasing copies of OSX - not stealing them (one would assume at least...or else this company is simply awaiting it's grave).

      Furthermore, Honda *could* make you drive on honda-approved roads. Except they would make you read *and sign* the contract *PRIOR* to selling you the car. EULA's are attempts at after-the-fact forced contractual obligations. Depsite the offers of returns...a return still means they're requiring an action from you based on an agreement you 1) did not sign 2) did not read or have details presented prior to the sale.

      This is why, afaik, EULA's have been shot down in court cases.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    80. Re:IBM PC by torkus · · Score: 1

      Why not if I paid for *each* copy to start with and permanantly transferred the 'license'?

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    81. Re:IBM PC by servognome · · Score: 1

      Innovation is 90% efficiency solar panels or 100 MPG cars or even the company that invented the hardware that makes multitouch work, something that doesn't exist, not utilizing things that are already available.

      90% efficiency solar panels and 100MPG cars are not innovation, as you point out though the technologies to get there might be.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    82. Re:IBM PC by cayenne8 · · Score: 1
      "...but Honda DOES state that you can only use Honda Approved parts, or void your warranty, and they also refuse to allow changes to any parts of the electrical system or engine for the first 36K miles or void just the same (including upgrading/replacing the radio or adding aftermarket DVD systems) You also can't exactly install a Honda computer from one car into another Honda and expect it to work..."

      Err...I don't believe that is correct. Take a look at the Magnuson-Moss Warranty Act which basically disallows them from voiding your entire warranty on a vehicle for using 3rd party accessories. I mean, my swapping pipes out on my motorcycle does not in any way void the warranty on the engine, if they are properly installed, etc...

      "beyond that, tinkering to some extents could cause the car to no longer be street legal, including changes to the exhaust, drive height, noise output, tint levels, and more."

      Hehe...well, I'm not terribly concerned about that...I've never lived in a state where they do inspections for stuff like that. Heck, not all states even do inspections at all. I've never had a sniff test. I'd hate to live in CA though...they're making it so hard to modify anything on your car for performance, EVEN if they do fall within guidelines...but, that's another thread entirely.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    83. Re:IBM PC by Anonymous Coward · · Score: 0

      Back during the Sony BMG rootkit problem didn't the courts rule that a EULA was not a legally binding agreement. Therefore couldn't Psystar use that case in its defense (I'm forgetting the exact legal term for this at the moment).

    84. Re:IBM PC by BryanL · · Score: 1

      If Apple's arguments are based on the EULA, why are they suing Psystar and not the end user (it is an End User Licensing Agreement after all)? Selling a box that is compatible with a Mac OS, along with the OS itself, doesn't break the terms of the EULA. That is assuming EULAs are even legal to begin with.

    85. Re:IBM PC by fahrbot-bot · · Score: 2, Informative

      Is OSX innovative? Perhaps...but again, it's based off something anyway (i.e. linux).

      i.e. BSD: Mac OS X is based on the Mach kernel and is derived from the Berkeley Software Distribution (BSD) implementation of Unix in Nextstep.

      --
      It must have been something you assimilated. . . .
    86. Re:IBM PC by Anonymous Coward · · Score: 0

      1) OS X isn't based on linux.

      2) Due to the problems with the patent system, even if you do innovate something, you're probably going to have to license parts of it from elsewhere.

    87. Re:IBM PC by retnuh1 · · Score: 2, Insightful

      Ok, what about when there was no sale between the first and second party? Apple certainly didn't sell the security updates to Psystar. I want to make a clear separation between OS X itself and the security updates, they are two separate things. If Psystar can rig the bios to boot and run OS X with no modifications to OS X itself, no problem. But if they have to modify the update packages to work, did they legally obtain them and do they have the right to modify them for this purpose? And this is where I say no, no they do not, its a copyright thing only at this point for the security updates. The same applies to the previous example of MS's OEM licensing, yes they have the license but if I don't have it then I can't distribute my changes to others.

      They could post info on how to let end users do the changes and be ok, more or less Apple would probably frown on that too, but to build a business around making these changes available to end users is where it crosses the line. Once money is clearly involved its a whole lot easier to sue.

      First sale law could get a little fuzzy about copies. If Psystar modified each update separately for each of their customers, then maybe.

    88. Re:IBM PC by nine-times · · Score: 1

      Well an even better analogy would be if Honda sold cars with built-in GPS navigation, OnStar-like services, and a bunch of other stuff. And then at some point they start distributing an update to all that software, and some other manufacturer hacks the upgrade to run in other cars, puts it on their car, and advertised their cars, "Now with Honda software!"

    89. Re:IBM PC by torkus · · Score: 1

      You miss one big point. If honda had such a contract you would have to view and sign it BEFORE purchasing the car. If that was written in the users manual (provided post-purchase) stating that you had to agree or return the car it would be unenforcable.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    90. Re:IBM PC by jellomizer · · Score: 1

      It doesn't look at all the new MP3 players and new touch screen phones that have came out. Heck being so tight and closed helped invovation because the people who need to copy their method will need to do so in a way it doesn't get them sued so they find new and different sometimes better solutions to the same problem.

      The Psystar isn't innovative, it is just a PC modified to run like a Mac. This is not innovative it is just copying. You search the internet and I am sure you can get your PC to run Mac OS.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    91. Re:IBM PC by nine-times · · Score: 1

      Sorry, but modifying software is NOT copyright infringement

      Sorry, but selling modified copies of copyrighted material most certainly is copyright infringement, unless you have a license to do so. It doesn't matter if it's OSX or FOSS.

      Imagine if I took Debian, modified it to include my own hacks and customizations, and sold the binary packages pre-installed on computers without providing source code. Would I not be violating the GPL? Note that the GPL is not a EULA, it's a distribution license. And damned skippy that'd be violating the GPL.

    92. Re:IBM PC by larry+bagina · · Score: 1

      Buying an official Honda gold-plated logo and putting it on your Ford Fiesta.

      --
      Do you even lift?

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

    93. Re:IBM PC by nine-times · · Score: 1

      They have plenty of competition. Their market is "personal computers", and don't tell me that Dell and HP aren't competitive.

    94. Re:IBM PC by freemywrld · · Score: 1

      No matter how many licenses you have, modifying and reselling the OS is sure to land you in court.

    95. Re:IBM PC by torkus · · Score: 1

      I can sell software that modifies software though.

      Here, buy this "computer"
      Also...buy a copy of OSX
      Now, for .01c we throw in this one-time boot software that you might want. Yeah just run this the first time you boot, m'kay?

      More complex loopholes have already been exploited (in the opposite direction unfortunatly - see bliz vs. glider).

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    96. Re:IBM PC by nine-times · · Score: 1

      Of course under the doctrine of first sale it should be legit regardless of special OEM licensing.

      That applies to selling the actual DVD Psystar bought from Apple, and AFAIK no one is arguing that Psystar cant' act as a reseller for those discs. But wouldn't the *copy* that's been pre-installed on their systems be a different issue?

      Like, if I buy a book, I can resell that book. If I buy a book, copy it, and sell the copy, then that's copyright infringement, pure and simple. By installing a copy and then selling the installed copy to someone, they should need some kind of license, right?

    97. Re:IBM PC by pete-classic · · Score: 1

      Why don't you google for DMCA anti-circumvention?

      Apple merely has to create some method, no matter how flimsy, whose purpose is to prevent unauthorized copying. (In this case, copying from the CD to the hard drive on a non-Apple computer.)

      Also, they've already done this.

      -Peter

    98. Re:IBM PC by mr_matticus · · Score: 1

      No, you bought product XYZ fully knowing, through prior experience, trade practice, and explicit notice on the packaging and/or website, that it came with additional terms. Those terms are available for your review before purchase, and those terms include a right of dissolution after purchase as well. No court case has ever fallen apart based on the simple existence of a EULA. The primary cases cited where provisions were rejected have all tacitly accepted their validity and found a term or practice within the EULA to be at issue and inadequate at law. The reason you know this is that no court has ever said, "Oh. It's a EULA. Case dismissed."

      Willful blindness is not an excuse. Many of the purchases you make come with additional terms, and the failure to read them does not invalidate them. The failure to request to read them is nothing more than the fault of the purchaser.

      The First Sale Doctrine has exactly nothing to do with it. The terms were in place at the time of purchase, and the current setup actually provides you with time to review carefully and an option to return. They could just as easily make you sign an agreement at time of purchase, but it would be a logistical headache and a burden on commerce, and it would force assent on the spot.

      They can't force an action upon me (such as returning) that I don't agree to.

      By using it, you are agreeing to it. That's the beauty of assent through course of performance. Not to mention that you can't get past the license without agreeing to it.

    99. Re:IBM PC by Anonymous Coward · · Score: 0

      No, I just stepped out of the deep dark jungles of the Congo and I cannot read, but I still know the concept of trading these certain pieces of paper (money) for certain stuff (Apple OS X) because I trade these pieces of paper all the time for useful things like food, clothing, etc. etc.
      It's not a requirement that I read anything. If it is, then the VENDOR had better enforce it before they accept my money.

    100. Re:IBM PC by Anonymous Coward · · Score: 0

      In this case, the use of Apple's software on non-apple branded equipment would mean that the DRM functionality of that software (The requirements of an EFI firmware as well as a special ROM circuit) had been defeated,

      Whoa, slow down there. DMCA is a piece of shit, but it doesn't apply to just anything that is DRM-like. It applies specifically to technological measures that limit access to a copyrighted work. If you're gonna say it applies to this situation, then please tell us: 1) What is the technological measure that limits access 2) What copyrighted work is having its access limited

      Mac OS X can't be it, because it can be accessed right from the shiny disc that you buy it on. Furthermore, by the time it's running to check itself, you've already accessed it. So what does that leave? The computer itself is being limited? Nope, the computer isn't copyrighted.

    101. Re:IBM PC by Anonymous Coward · · Score: 0

      Psystar makes an interesting argument that Honda can't make you sign a EULA telling you that you can only drive on Honda-approved roads, so why should Apple be able to control what systems OSX is installed on?

      Um, just because Honda hasn't, doesn't mean that they couldn't. Take Nissan for example. In Japan, they don't allow you to drive the GT-R on unapproved race tracks, and if you do, then they void your warranty.

    102. Re:IBM PC by cowscows · · Score: 1

      I'd certainly agree that you could make a monopoly argument about something more restrictive than OS's in general, but is it really reasonable to say that it's a monopoly issue that one company is the only one that can distribute their own product? I guess I don't see what the smaller market could be in this case? I guess you could say computers capable of running the MacOS, but I'm thinking that Apple's case is less about the Psystar hardware and more about the fact that they're distributing it with a modified copy of OS X. If they were just selling empty hardware that happened to be capable of running OSX, I'm not sure Apple would have much legal footing to go after them with. Of course they'd probably just break that compatibility in the next OS update.

      --

      One time I threw a brick at a duck.

    103. Re:IBM PC by TornCityVenz · · Score: 1

      wait...you mean that if they win this suit that Microsoft could add a EULA that their products could only be installed on Microsoft branded machines? hmmmm not sure if that would be a bad thing or not.

      --
      I Need someone to rebuild a Digitech Digital Delay pedal for me....for me...for me...for me.
    104. Re:IBM PC by HardCase · · Score: 1

      Oh crap. Here come the tortured car analogies. We were doing so well up until this point!

    105. Re:IBM PC by Anonymous Coward · · Score: 0

      Apple have no choice - if only IBM had retained such control over the IBM PC. And where are IBM now?

      I don't know, where is they?

    106. Re:IBM PC by nine-times · · Score: 1

      They probably could, so long as it was determined not to break any other laws (DMCA?). But then they couldn't sell it pre-installed, negating some of the appeal.

    107. Re:IBM PC by HardCase · · Score: 1

      Moot, I think, because the "precedent" was no precedent at all, but just an application of existing copyright law. No new ground was broken. And the whole district court vs. appellate court thing, too, of course.

    108. Re:IBM PC by Anonymous Coward · · Score: 0

      I wouldn't be so sure that they aren't legally free to create such contractual obligations if they so wished...

      I've actually owned a Honda car, but I never ever had any business dealings with Honda. I can get into a contract with someone I've never transacted with, who doesn't even have any evidence that they showed me a contract and that I accepted it? I guess they could claim I had a contract with 'em, but then I'd just say, "No, I bought this car from some dude who was advertising in the classified section." My word against theirs, and when the judge asks us both to put up or shut up, they're not going to have a piece of paper with my signature on it, but I'm going to have a receipt from the guy I bought the car from.

      I also bought a copy of Mac OS 8 once. I didn't get it from Apple. They were using a mail-order reseller. There weren't any contracts.

    109. Re:IBM PC by mdmkolbe · · Score: 1

      17 USC 177 has something to say on this. Specifically subsection (b) allows you to pre-install on some hardware and then sell the hardware along with the original copies. (I'm told the term "exact copy" used in that subsection includes any mechanized copy including WAV to MP3 conversion.)

      What it doesn't allow is the selling of "adaptations" but someone with more legal background will have to expound on where the line between "exact copy" and "adaptation" lies. My guess is that if Psystar patched the OS to make it run on their hardware, then it is an adaptation, but if they only patch the OS with a script that runs the first time the user logs on then they might be all right as far as this clause goes. (The DMCA could still get them.)

    110. Re:IBM PC by mdmkolbe · · Score: 1

      I meant "17 USC 117" not "17 USC 177".

    111. Re:IBM PC by hobbit · · Score: 0, Troll

      I'll try not to pull a troll moment here either, but what differentiates the iPhone, just like the Mac itself, is its user interface.

      You hear a lot of "yeah but... it doesn't have any more features than XYZ" -- mostly from people who don't really understand why everyone isn't running linux, now that these days you only need to edit one or two config files by hand...

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    112. Re:IBM PC by fictionpuss · · Score: 1

      Heck being so tight and closed helped invovation because the people who need to copy their method will need to do so in a way it doesn't get them sued so they find new and different sometimes better solutions to the same problem.

      No. Innovation occurred despite the artificial restrictions placed upon the advancement of technological progress, not because of them.

    113. Re:IBM PC by fictionpuss · · Score: 2, Insightful

      I'd agree - but the user interface is determined by the intended demographic. Microsoft only caught on late in the game to the fact that non-professionals might enjoy using a computer - with Apple, it was their premise.

    114. Re:IBM PC by nurb432 · · Score: 1

      Sorry for the pun but you are comparing apples to oranges.

      IBM was/is a far different company than apple, and personally i think if Apple lets this get away from them they are in for a world of hurt.

      --
      ---- Booth was a patriot ----
    115. Re:IBM PC by Timothy+Brownawell · · Score: 1

      Yeah... plus that there's a reply to that comment pointing out that this suit was filed about two weeks ago, so waiting for the WoW case would mean they have time travel.

    116. Re:IBM PC by carps · · Score: 1

      The first amendment is the fount of fair use

      While preparing the incredibly helpful suggestion that the word "font" should be used here instead of fount, I learned they were both in the dictionary meaning fountain or source. And further, that "fount" also means a type font, at least to Brits.

      Just thought I'd share.

      --
      Well I'm making *two* Low Budget HDV Filipino Horror Movies in NYC.
    117. Re:IBM PC by Cormophyte · · Score: 1

      Nah, cause MS takes good ideas and crowbars them into a very successful product. The success of the product is then sustained by the inclusion of the good ideas implemented in a generally half-assed way, rather than spurring its popularity. It's more like, failovation? Paceovation?

      Not that MS hasn't had one or two winners along the line, but that's strictly on a case-by-case basis, within the scope of an idea or two, and never executed well enough to integrate well with anything else they've implemented. It's been a while since I've seen a full concept come out of MS without shaking my head and wishing either Linux or Mac would take the lead.

    118. Re:IBM PC by mean+pun · · Score: 1

      No matter how many licenses you have, modifying and reselling the OS is sure to land you in court.

      In a sense you are right: a company in a situation like Apple might well feel itself compelled to go to court on something like this. However, it is not at all clear that they will actually win.

      What exactly have Psystar done wrong? They buy a copy of Mac OS for you, they install it for you on a computer, and add to and overwrite some of the installed software for you. Then they ship you the computer and Mac OS DVD. For the next customer they buy a new copy of Mac OS, etc.

      Apart, possibly, from the EULA stipulation that started all this discussion, It is not at all obvious that they violated any laws. Copyright laws? No, they act as your agent. DRM protections? How? Any other law? I don't see which one.

      Therefore, I think that it is perfectly reasonable to say that the entire lawsuit would hinge on that one EULA stipulation.

    119. Re:IBM PC by mdwh2 · · Score: 1

      but what differentiates the iPhone, just like the Mac itself, is its user interface.

      With a lack of fundamental UI features like copy/paste? Well, I guess that's differentiating...

      And I don't run Linux, btw. I'm just curious that the Iphone's advantages are always argued in terms of assertions ("It works better! It just does.") and not evidence or examples.

      It was the original MacOS which was known for its UI, btw. Macs today are running a different operating system.

    120. Re:IBM PC by MobyDisk · · Score: 1

      The key difference between selling student editions of software and using software on a non-approved device is this: One is a condition of the price of the sale, the other is a condition of the use of the product.

      (IANAL)

    121. Re:IBM PC by hobbit · · Score: 1

      Well, I'm a geek, and I prefer a better UI to a less good one -- almost by definition ;)

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    122. Re:IBM PC by cpu_fusion · · Score: 1

      Two things:
      1) fair use -- as I was pointing out -- is a Constitutional thing; statutes and private law (contracts like EULAs) should not override the Constitution, in so much as the courts are state (Fed/State) actors in enforcing them. Other EULA terms, such as telling you whether student / noncommercial, or rights to return products, etc. -- those aren't constitutional. The court, by enforcing them, doesn't override the basic compact between citizen and the Government. Fair use is the only thing that makes Copyright constitutional given the First Amendment (see Sony v. Betamax)
      2) whether the software can or cannot be returned has been a factor, but not the definitive basis, of the majority of circuits that enforce shrink-wrap terms
      3) The FCC's jurisdiction is an entirely different matter, and the DMV is State (not Federal) so your conclusions are not on point
      4) The DMCA also cannot override fair use, as it is a statute and a statute cannot override the constitution.

      But the big thing you're missing here is the antitrust issues. The Court has held that a photocopier manufacturer could not tie service of the photocopier in a particular manner, and I think the facts are analogous to this situation. Apple would be on firmer ground if they didn't sell the OS separately from the hardware, but because they want to cash in on upgrades they have perhaps gotten themselves into a bind.

      (I am not a lawyer, but I have a year left of law school. This is not legal advice, just observations and opinion.)

    123. Re:IBM PC by mdwh2 · · Score: 1

      then the copy-to-ram that's part of running the software is apparently a copyright violation.

      Nope, it was specifically the use of Glider that was copyright violation, because this copy-to-RAM wasn't part of the normal operation of WoW. I haven't seen anything that suggests the court claimed that all copy-to-RAM was copyright violation, and hence there's no reason it would apply if someone installs software normally. This is the Section 117 defense - it's simply that Glider doesn't come under that defence; they didn't rule that the defence no longer exists.

    124. Re:IBM PC by MobyDisk · · Score: 1

      The court itself is a government actor, and therefore by enforcing a fair-use limiting contract the court is depriving fair use 1st amendment rights.

      I don't think that works. Since the court is necessary to enforce any civil contract, by that logic civil contracts could never do anything that is unconstitutional. But civil contracts do that type of thing all the time.

    125. Re:IBM PC by snuf23 · · Score: 3, Insightful

      Apple's marketing dept is smart enough to realize that in 2008 a television commercial is not a comprehensive marketing plan.
      Other companies would KILL for the kind of press Apple gets when it announces products. Did you need to see a commercial to know that the iPhone was coming out? Did anyone?

      --
      Sometimes my arms bend back.
    126. Re:IBM PC by hobbit · · Score: 2, Interesting

      With a lack of fundamental UI features like copy/paste? Well, I guess that's differentiating...

      Agreed, that was crap. But I think the new iPhone (released a few days ago) has fixed that.

      And I don't run Linux, btw. I'm just curious that the Iphone's advantages are always argued in terms of assertions ("It works better! It just does.") and not evidence or examples.

      I'm sure the evidence exists -- Apple takes HCI very seriously indeed -- but I doubt it's publicly available. And your average user doesn't really have the vocabulary to describe that stuff. If you want it quantified, look at the HCI fanatic sites.

      It was the original MacOS which was known for its UI, btw. Macs today are running a different operating system.

      The original Mac OS was known for its UI. The current Mac OS is known for its UI. The iPhone is known for its UI. Notice a pattern emerging?

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    127. Re:IBM PC by jmorris42 · · Score: 1

      > Psystar makes an interesting argument that Honda can't make you
      > sign a EULA telling you that you can only drive on Honda-approved roads

      Bad analogy. A more fitting one would be if Honda attempted to say that if you bought a Honda engine as a replacement part that it had to go into a Honda vehicle. Or if they tried to say that you couldn't yank the engine out a Honda and stuff it into a Ford body.

      Apple's problem is their business model is an illusion. They want people to believe that a Mac is different, when the reality is that it has been just another PC clone since the move to Intel chips. Unlike IBM they also actually make their OS so they believe they can simply refuse to sell it to anyone else. Yet they also want to sell boxed copies. Doesn't work.

      And even if they yank the boxed copies from the shelves you could just buy a Mac Mini, keep the OS and turn the crappy little PC into a Linux file server and put they copy of OS X on the kind of hardware Apple doesn'y want you to have.

      I know it will totally mess up their business model, but they don't have a constituitional right to a broken business model. Copyright only grants them a monopoly on selling copies, EULAs are just an illegal power grab and sooner or later we will get enough Supremes who can read to get sanity back.

      --
      Democrat delenda est
    128. Re:IBM PC by gsn · · Score: 1

      To stick with the car analogy, it'd be like selling a tiny little car with a Bugatti Veyron engine and advertising it on that basis. Bugatti would (probably quite rightly) complain that the cooling systems etc simply weren't designed to work with a small car, and the engine would probably break down, damaging their reputation in the process.

      Except Mac hardware isn't so much Bugatti Veyron as it is an overpriced Suzuki Liana with a pretty exterior. The hardware isn't special at all (take a look at the diversity on OSx86) - Apple is mad not because people can run their software on non-Apple hardware but because Psystar could potentially allow them to do it *easily*.

      --
      Reality must take precedence over public relations, for nature cannot be fooled.
    129. Re:IBM PC by jmauro · · Score: 1

      Doesn't apply to software under the current law since you're only sold the license to the software not the actual software. Whether that's right or not is another issue.

    130. Re:IBM PC by TheRaven64 · · Score: 1

      Not exactly. If fair use allows you to make a backup copy (I can't remember if it does in the USA, but I believe it does) then you can sell the original and include the copy. The problem is that, in order to perform the initial install, they need to agree to the license, which requires them to only install on Apple hardware. They could, potentially, ship Apple-compatible computers and an OS X box with a custom installer, so the end user could violate the EULA...

      --
      I am TheRaven on Soylent News
    131. Re:IBM PC by sjames · · Score: 1

      Further, many products have not only use restrictions from the manufacturer, but under penalty of federal law, the use of certain devices in certain circumstances can be prevented. The FCC has a large part in that with anything that could potentially cause interference. The DMV has a lot to do with how a car can be used, loaded with cargo, and more.

      Of course, the restrictions under federal law are there to preserve a public resource (in the case of the FCC) or the public safety (DMV). Of course, the use of guns is restricted in certain circumstances (including to shoot someone because you don't like them).

      In a more direct comparison, it have been held up in court that a software vendor can sue successfully for the use of non-commercial, or student only software in commercial spaces.

      In those, the user received a special consideration (a discount) in return for agreeing not to use the software commercially.

      None of this means Apple can't or won't prevail, just that there is a lot of room for argument on both sides.

      If the various reviews have any validity, Apple might have been better off letting the Psystar machines speak for themselves. It doesn't sound like a very credible Mac clone anyway. I have had limited experience with Apple hardware since the ][+, but what I have seen was really well built.

    132. Re:IBM PC by TheRaven64 · · Score: 1

      I suspect the relevant precedent is the case about a year ago where a company made edits of films. They bought a copy of the DVD for each customer and sold them the original and the edit. It was deemed that the act of editing constituted copyright infringement (a completely stupid verdict, but about what I'd expect from US IP law these days).

      --
      I am TheRaven on Soylent News
    133. Re:IBM PC by Anonymous Coward · · Score: 0

      The original Mac OS was known for its UI. The current Mac OS is known for its UI. The iPhone is known for its UI. Notice a pattern emerging?

      Shitty UIs?

    134. Re:IBM PC by Timothy+Brownawell · · Score: 1

      But that only works if you own a copy of the software, which is why software these days is always "licensed, not sold" in the fine print -- so that that defense (and similar defenses for other activities) won't apply, and the seller can exercise greater control over their sheep^Wcustomers.

    135. Re:IBM PC by nine-times · · Score: 1

      IANAL, but it doesn't seem to me that an installation of software could necessarily be called a "backup copy", particularly not if it had been altered from the original version for the purpose of circumventing licensing restrictions.

    136. Re:IBM PC by Mike+Buddha · · Score: 0, Flamebait

      With a lack of fundamental UI features like copy/paste? Well, I guess that's differentiating...

      Agreed, that was crap. But I think the new iPhone (released a few days ago) has fixed that.

      When did this happen? Nobody told me. My iPhone 3G can't cut/paste. Methinks you're talking out of your ass.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    137. Re:IBM PC by mdwh2 · · Score: 1

      I'm sure the evidence exists -- Apple takes HCI very seriously indeed -- but I doubt it's publicly available.

      I'm a bit confused by this. Aside from it not being a very robust argument to claim that something is true, but then say that evidence must exist, but it's secret, I don't understand how advantages of a UI can be secret. If a particular task is easier on one system than another, then that can be described publically. If the only advantages are not ones available to the public, then how is that any use?

      And your average user doesn't really have the vocabulary to describe that stuff. If you want it quantified, look at the HCI fanatic sites.

      If an "average user" makes a claim, I expect him to back up that claim with a rational argument. If he considers himself not to be qualified, then he shouldn't make that claim in the first place.

      The current Mac OS is known for its UI. The iPhone is known for its UI.

      I disagree. Anyone can assert that their favourite item is "known for its X", but that doesn't make it true.

    138. Re:IBM PC by mdwh2 · · Score: 1

      Section 117 states:

      (a) Making of Additional Copy or Adaptation by Owner of Copy. Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
      (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
      (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

      On what basis do you think that this defence only applies where someone "owns" rather than "licenses" software? Note that it states "owner of a copy" rather than "owner", suggesting to me that this does mean someone who has purchased a copy of some software. Surely all software is licenced anyway - I'm not sure what distinction between "owns" and "licenses" you are trying to make?

    139. Re:IBM PC by mdwh2 · · Score: 1

      No, they ruled that using Glider counted as copyright infringement.

      There is no magic "courts just ruled EULAs valid" that so many people seem to think. Just because a court said that X was copyright infringment does not mean that different activity Y is therefore copyright infringement, just because both X and Y have EULAs!

    140. Re:IBM PC by bnenning · · Score: 1

      Since the Licence agreement can be read withough installing or operning the software, there is a clear path for the user to take to refuse its terms.

      By continuing to post on Slashdot you agree to pay me $100 per post. There's a clear path for you to avoid those terms, but you have no reason to, because my assertion does not constitute a legal claim. I would argue that Apple's stated limitations on use are equally irrelevant. Holding copyright on a work doesn't mean you get to dictate all aspects of its use.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    141. Re:IBM PC by vux984 · · Score: 1

      The main problem is redistributing the modified software for profit, big copyright no no.

      Your confusing 'redistributing copies' with 'resale of original'.

      If I buy a book, piss on it, and then sell it for twice what I paid for it with proud label that declaring that I had pissed on it, how would copyright even be involved? never-mind violated?

      As I doubt any commercial software company would be ok with someone else selling modified versions of their software, this is just blatant infringement.

      It is infringement to distribute copies of derivative works. But its not infringment to resell modified originals. As long as each Psystar goes out with its own original Apple OS X retail box, psystar isn't violating 'copyright', at least not with respect to redistribution.

      I think this also shows why it took so long for Apple to sue, they needed to get everything in order to build a full case as the EULA by itself might not hold up. The copyright, image, trademarks, etc... side is something Apple can succeed on.

      Maybe. I suspect it was probably just better to wait until they had a going concern. If they went belly up before getting off the ground Apple wouldn't have to lift a finger.

       

    142. Re:IBM PC by Timothy+Brownawell · · Score: 1
      On the basis of, among other things, having just RTFA a few minutes ago on the Wow/Glider story:

      The resolution of this issue is controlled by Ninth Circuit law. At least three cases â" MAI, Triad, and Wall Data Inc. v. Los Angeles County Sheriffâ(TM)s Department, 447 F.3d 769 (9th Cir. 2006) â" hold that licensees of a computer program do not âoeownâ their copy of the program and therefore are not entitled to a section 117 defense. See MAI, 991 F.2d at 518 n.5; Triad 64 F.3d at 1333; Wall Data, 447 F.3d at 784-85. Wall Data provides a two-part test for determining whether the purchaser of a copy of a software program is a licensee or an owner: if the copyright holder (1) makes clear that it is granting a license to the copy of the software, and (2) imposes significant restrictions on the use or transfer of the copy, then the transaction is a license, not a sale, and the purchaser of the copy is a licensee, not an âoeownerâ within the meaning of section 117. Wall Data, 447 F.3d at 785.

    143. Re:IBM PC by cpu_fusion · · Score: 1

      The argument I would make is that Apple has a monopoly in the relevant market of hardware that runs Mac OS X operating systems de jure (by virtue of copyright, trademark, patent, and trade secrets), as well as a de facto monopoly just looking at the ~100% share.
      By tying the market of Mac OS X operating systems (and thus the entire Mac application market) to their hardware, they seek to extend their monopoly out into a different relevant market and thus unreasonably restraint competition.
      But I'm not a lawyer yet, so ... /grain-of-salt.

    144. Re:IBM PC by cpu_fusion · · Score: 1

      So it's another color/colour thing, this time in reverse.

      At least us Yanks could be consistent for once, eh?

    145. Re:IBM PC by mysidia · · Score: 1

      Hm.. it's more like if Honda made a "Honda" brand gasoline, or Honda branded engine.

      And made sure all gas pumps that distribute Honda gas have a sign on it that you're not allowed to put this gas in vehicles not made by the manufacturer of the special gas.

      (Putting the gas in a non-X brand car being a EULA violation, therefore infringement. And don't even think of trying to defeat the special chemical covertly added to the gas to make non-X brand cars unable to run using it.)

      Or the engine comes shrink-wrapped in a package that says you are not allowed to put this engine in vehicles except those made by the manufacturer.

      If the competing gas product was abysmal (for example, if cars tended to blow up when using the competing product), this could force consumers to buy the car at extortionate pricing, to get gas for it, and discard competitors' vehicles as useless shells.

      I believe the term is product bundling or product tying .

      The sort of thing that Microsoft has in the past, been accused of.

    146. Re:IBM PC by Lars+T. · · Score: 1

      IIRC these ideas and more where being thrown around on the OpenMoko mailing list before the iPhone was announced.

      Of course at the time your geeks talked about "wouldn't it be cool if", the features were present in the test models of the iPhone - while they are still in the "wouldn't it be cool" phase for OpenMoko.

      --

      Lars T.

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

    147. Re:IBM PC by cpu_fusion · · Score: 1

      > by that logic civil contracts could never do anything that is unconstitutional

      You're on the right track. The thing is that courts will refuse to enforce a contract that is indentured servitude (violates 13th Am). They will refuse to enforce a housing covenant that prohibits the resale of a home to non-African-Americans. Etc. The courts do draw a line as to where there enforcement of private law (contract) tramples constitutionally-guaranteed rights.

      Contracts cannot violate the constitution in certain conditions because then the courts would be an instrument that violates the constitution. That's where I believe First Amendment, in particular when related to Fair use, should be: protected from abrogation via Contract law. I don't believe I'm alone in that assessment.

      But as you point out, the courts do exactly the opposite in some cases. In my opinion, the courts should be consistent in doing nothing to deny people constitutional rights. For example, in my jurisprudence, a person would not be able to sign a private contract that allowed the Government to enforce an order violating their 4th amendment rights of search and seizure.

      (I am not a lawyer, yet.)

    148. Re:IBM PC by Lars+T. · · Score: 1

      They also didn't invent multi-touch.

      MS actually had a demo multi-touch computer back in the 90's.

      Which was about as mobile as Ayers Rock.

      --

      Lars T.

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

    149. Re:IBM PC by Anonymous Coward · · Score: 0

      And where are IBM now?

      Making more money than Microsoft.

    150. Re:IBM PC by nine-times · · Score: 1

      The argument I would make is that Apple has a monopoly in the relevant market of hardware that runs Mac OS X operating systems de jure (by virtue of copyright, trademark, patent, and trade secrets), as well as a de facto monopoly just looking at the ~100% share.

      Doesn't make much sense to me. Say I run a restaurant, and I say there's only a prix fixe menu. So essentially I say, "You can't just buy my steak. You have to buy my whole multi-course meal, including the french fries." Are you telling me someone could sue me for having a "monopoly" on my steak, and trying to leverage that monopoly to unreasonably constrain competition against my fries?

      Ok, maybe not the best analogy, but people have been throwing around some doozies. So the obvious immediate problem (though there may be others) is that other people can sell steak. It won't be my steak, but it doesn't seem like a monopoly just because no one else is allowed to sell my product.

      And likewise, you can't just take OSX and distribute it however you want, but you can make your own OS and distribute it, and Apple is doing absolutely nothing to unreasonably constrain competition there. Hell, even the OS itself (Darwin) is released under the BSD license, right? So I can make a completely interoperable and nearly identical OS and distribute it. It's no monopoly just because they're only licensing their OS to run on their own hardware.

    151. Re:IBM PC by mdwh2 · · Score: 1

      What software is "owned" rather than licenced? And is there a court ruling that decided that a piece of software that you buy in a box at the supermarket with no terms explained to you is not covered by a section 117 defence? (Obviously if a company went to another company and arranged some licence for their software, the software company could set whatever terms of agreement they like.) If that's the case, that is messed up (though the precedent was set before the WoW/Glider case, it would have been set by these previous three cases): both that copying-to-RAM in normal usage could be considered infringement in the first place, and that the defence to seemingly allow for it has been ruled useless.

    152. Re:IBM PC by kaizokuace · · Score: 1

      also 100mpg cars can be easily attainable. The only problem is that making production cars that are light and aerodynamic are against the will of the industry or something. Building a car that has a coefficient of drag lower than 0.2 is easy but the car will "look funny". Looks matter of course. But that will change when gas hits 10/gal. Building lighter cars will also make accidents hurt less as long as all the cars are light. How much energy is wasted dragging around all that excess weight! There are people at ecomodder.com that are getting around and over 100mpg from some ghetto backyard modded bodies to lower drag. wtf car industry! wtf car buyers!

      --
      Balderdash!
    153. Re:IBM PC by fictionpuss · · Score: 2, Insightful

      Of course at the time your geeks talked about "wouldn't it be cool if", the features were present in the test models of the iPhone - while they are still in the "wouldn't it be cool" phase for OpenMoko.

      We're talking about whether the ideas themselves are innovative, not whether Apple is able to put ideas together in a mass consumer friendly fashion.

      You appear to have mistaken this for the "let's bash OpenMoko" thread.

    154. Re:IBM PC by jelton · · Score: 1

      Since Apple's entire legal argument hinges on the fact that their EULA states that OSX can only be installed on Apple-branded hardware, it will be interesting to see if the courts uphold such restrictions in EULA's, or the existence of EULA's at all.

      Way to dissemble. Apple's complaint "alleges copyright infringement, induced copyright infringement, breach of contract, trademark infringement, trade dress infringement and unfair competition." Source here.

      In no way, shape or form could someone who has *any* knowledge of the complaint Apple filed claim that "Apple's entire legal argument hinges on the fact that their EULA states that OSX can only be installed on Apple-branded hardware." There's a lot more to it than that.

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
    155. Re:IBM PC by Software · · Score: 2, Insightful
      At the risk of pointing out the the obvious, having a tilt sensor on the iPhone isn't what made it innovative. Using the tilt sensor to go into portrait mode made it innovative.

      Furthermore, implementing a technology that was seen in a movie also qualifies as innovation. It's quite a bit easier to implement technology using computer-generated graphics than it is to implement it in real life.

    156. Re:IBM PC by shoemilk · · Score: 1

      Yes, just generally not innovative in a good way...

    157. Re:IBM PC by cenonce · · Score: 1

      Actually the half of Apple's argument that everybody (including Psystar) is forgetting is the trademark claims (if you read the complaint, there are about six - ranging from infringement to dilution to state unfair competition). And those are the easier claims to make than the copyright ones.

      You can drive a Honda on any road you want. You just can't pull the Honda emblems off it, stick them on a bunch of 1985 Yugos and sell them as Hondas. The Trademark Act is equally tough with damages - it can include "treble damages" and attorneys fees. That will put Psystar out of business.

      If this convinces Apple to offer a mid-range expandable desktop, I'll consider it a victory.

    158. Re:IBM PC by cpu_fusion · · Score: 1

      The thing with the steak/restaurant analogy is that the product (the steak) isn't a platform that ties later purchases to it. Apple is effectively tying an entire market (the Mac OS application market) to its hardware. Its apples and oranges, no pun intended. (Cf. U.S. v. Microsoft)

      Part of the OS is released under the BSD license. Virtually all OSX applications require non-BSD licensed libraries.

      I understand it may seem counterintuitive, but the idea of US Antitrust law is to protect competition, not competitors. Protecting Apple is secondary to protecting competition. In as much as Apple is foreclosing an entire market (hardware to run Mac OS X) by its monopoly in another market (Mac OS X as an application platform), the argument could be made that competition (and thus the consumer) is being hurt.

      As with most things in the law, we can only make arguments for either side and compare those argument's merits. In the end the result will probably still be baffling.

      Cheers.

      (Disclaimer: I am not a lawyer, yet.)

    159. Re:IBM PC by CAIMLAS · · Score: 1

      Ehh...

      Is apple primarily riding to fortune on brand image? Absolutely!

      Is brand image the sole thing propping up Apple?

      Uh, no.

      Apple would be nowhere right now if it was not for a series of very good software engineering, UI design, and hardware design decisions. Yes, the sale of those items was made possible through good marketing ("brand image"), but brand image is not the only thing pushing them forward in an industry dominated by 'brand image' power brokers like Microsoft; quality is a large part of it.

      OS X is good technology; very good technology. For the most part, it does "just work" (on Apple hw), and it's why a lot of people have started buying Macs instead of PCs, if they can afford it.

      Apple does have a choice. They can take their current route - to preserve their high profit margin - or they could leave Pystar be, or maybe even license the right to use OS X on their systems. Because as it stands, Apple is pricing themselves out of most major profit markets (early adopters and geeks in general, businesses) moreso than their technology is limiting uptake.

      Of course, that'd result in growing pains and a lot of problems for Apple, so they've decided not to do so.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    160. Re:IBM PC by mr_matticus · · Score: 1

      It's not a requirement that I read anything.

      It's never a requirement that you read a contract. It only matters that you be given an opportunity to do so. Whether you take that opportunity is your choice.

      If it is, then the VENDOR had better enforce it before they accept my money.

      It's not their responsibility. It's yours. If you read it and disagree with the terms, return it. The disc itself would still be sealed, after all. It's not like you even have to fight about it.

      If you ignored your imputed knowledge of practice, ignored the notices, ignored the printed copy of the terms, and popped the disc in, then you might have to fight a little to get them to accept the return, but you can still do it.

    161. Re:IBM PC by SETIGuy · · Score: 1

      Sorry, but modifying software is NOT copyright infringement

      Sorry, but selling modified copies of copyrighted material most certainly is copyright infringement, unless you have a license to do so.

      All you college students out there take this to heart... If you have written your name in your text book and you sell it to another student at the end of the semester, you are guilty of copyright infringement, and the TBAA is coming after your ass.

    162. Re:IBM PC by jellomizer · · Score: 1

      How is making a cheap copy inovative. If Apple had won it law suit against Microsoft for copying "their" windowed interface what do you think would happen. Microsoft would have just shriveled up and died. No they would be forced to make a new UI mechanism, Perhaps we would have 3d windows 20 years earlier. Or perhaps some really fancy version of full screen/split screen pages... However if left to the easiest path people will take it. These restrictions can help move the process of innovation along as we as humans solve problems when we recognize what the problem is.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    163. Re:IBM PC by Anonymous Coward · · Score: 0

      Apple - the other evil monopoly.

    164. Re:IBM PC by JazzLad · · Score: 1

      Tell that to the cleanflicks folks. Bastards that own Congressmen have really twisted the law ...

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    165. Re:IBM PC by DarthJohn · · Score: 2, Funny

      Open Source:

      Takes longer to cook, but the freedom is delicious.

    166. Re:IBM PC by retnuh1 · · Score: 1

      it looks like some of my other replies got posted in the wrong place, but oh well.

      I have no issues with people putting OS X on their Psystar system, I don't see a copyright issue there. Where I do see it is with the security updates, it said Psystar was distributing modified versions to its customers. This is where I'm not seeing a clear resale of original, but distribution of copies and a business model around it.

      I think its going to fall into a fairly large grey area.

    167. Re:IBM PC by fictionpuss · · Score: 1

      These restrictions can help move the process of innovation along

      Hmm. Yes. Your logic is quite astoundingly retarded. Wow.

      How about you mail me half your paycheck every month, in order to encourage yourself to innovate within your career earning potential?

      Think about it - you could end up with a salary double what it is now!

    168. Re:IBM PC by Rich0 · · Score: 1

      Sounds like what they should sell the consumer is:

      1. A computer, with some of their own software preinstalled (basically a fancy bootloader/installer). Nothing copyrighted by anybody but themselves.

      2. A shrink-wrapped box of OS X.

      3. A CD containing the software in #1 for later reinstallations.

      When you boot the computer it asks you to insert the OS X install CD. The CD is used to install and on-the-fly patch the OS X operating system onto the computer. Upon the next boot the computer is running OS X.

      The vendor hasn't copied a thing that belongs to anybody else - they haven't even opened the box so there is really no way you could argue that they agreed to any license of any kind. However, they have made it very easy for the end-user to install and patch OS X to run on the computer. And it isn't entirely clear that the end user is doing anything that isn't covered by fair use, as what they end up doing is for personal use only and is not further distributed.

      Of course, all of this is the result of some really dumb court decisions...

    169. Re:IBM PC by MobyDisk · · Score: 1

      The first amendment says "congress shall make no law..." which is why it doesn't apply to civil contracts. It specifically states that this is a limitation of congress.

      The 13th amendment says "...shall exist within the United States" so the amendment applies to the peoples within the country, not purely the government.

    170. Re:IBM PC by Anonymous Coward · · Score: 0

      IIRC these ideas and more where being thrown around on the OpenMoko mailing list before the iPhone was announced.

      While I'm not going to dispute Apples success in putting everything together, I find it hard to credit them with technological innovation when these ideas were being casually thrown around by a bunch of random geeks on a mailing list.

      While a bunch of geeks on a mailing list with cool ideas deserve credit, I'd give just as much or more credit to Apple for technological innovation seeing as innovation is not just about having an idea, it's also making it a reality (which is more difficult in IMO).

    171. Re:IBM PC by myowntrueself · · Score: 0, Troll

      but I don't find anything particularly innovative about either the iPhone

      Oh come *on*!

      A smartphone with 3G???

      Apple are the *kings* of innovation. Only Steve could have thought of that! Sheer unparalleled genius!

      --
      In the free world the media isn't government run; the government is media run.
    172. Re:IBM PC by nine-times · · Score: 1

      The thing with the steak/restaurant analogy is that the product (the steak) isn't a platform that ties later purchases to it

      Nope, it is-- it's a prix fixe menu, and steak is just the first course.

      Apple is effectively tying an entire market (the Mac OS application market) to its hardware.

      Not exactly... Developers are free to develop cross-platform, meaning their applications don't have to be tied to the Apple OS. All they're doing is tying their OS to their hardware, because they market their systems as integrated systems. In other words, they aren't really marketing hardware and software separately. Hardware+software=platform, and they're marketing a platform.

      And again, it's not a monopoly for a business to be the only one able to develop their own product. Their product is the platform. But people can develop alternate platforms if they wish, but no, they can't sell Apple's platform. Apple is doing nothing to prevent others from developing alternate platforms, and in fact releases major parts of their own products under a license that would aid another company in producing their own platorm.

    173. Re:IBM PC by nine-times · · Score: 1

      Yes, you can do that. But I can't buy copies of the latest Harry Potter book, rewrite the ending, reprint it, and sell those reprints. Well, I *could*, but if I did it without a license from the original publisher, then no one would be surprised when I got sued.

    174. Re:IBM PC by sessamoid · · Score: 1

      Microsoft has licensing to accommodate this while Apple does not. So it may indeed be a violation of the EULA.

      The fact that Apple doesn't allow licensing for this modification and distribution (including updates) means that any such modification and distribution is a violation of copyright law, afaict. It doesn't fall under the EULA. If MSFT didn't license this behavior, then OEMs would similarly be in copyright violation for distribution of modified software.

      --
      "No, no, no. Don't tug on that. You never know what it might be attached to."
    175. Re:IBM PC by HardCase · · Score: 1

      ;-) Even mooter!

    176. Re:IBM PC by telemart73 · · Score: 1

      well... IBM is a 170 billion dollar company that earns a hell of a lot more money with their Global Services division than Apple does. As a fanboi, I appreciate the joke, but seriously, IBM has done a good job of transforming their company to services rather than hardware. Heck, the PC division was always a spec to them in the first place.

    177. Re:IBM PC by Free+the+Cowards · · Score: 2, Insightful

      People who have never created anything worthwhile always ignore the importance of actually creating, as opposed to simply coming up with the ideas.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    178. Re:IBM PC by Free+the+Cowards · · Score: 1

      Is OSX innovative? Perhaps...but again, it's based off something anyway (i.e. linux).

      What a pointless thing to say. Everything is based off something else.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    179. Re:IBM PC by Nemo's+Night+Sky · · Score: 1

      I'm not denying it, rather, too lazy to do research. So I'll post a response instead. Show me the precedent that supports Honda CAN'T require you to only drive on their designated roads. Licensing agreements are contracts, right? So if Honda holds real property for sale, with a requirement on said sale that you agree to the contracts terms, regardless of payment, where the lines on the road are painted, or whether your up-to-date on your insurance and registration, if you don't agree, then no sale has been made, and the car your sitting it is technically Honda's property. Is there a precedent I don't know about? possibly. Does this concept apply to intellectual property? who knows.
      What the real question will boil down to someday is, "What rights should a person retain on an idea, after making that idea public?" I have a feeling this won't be anything getting resolved anytime soon.
      One last thing. If you agree to a EULA you aren't allowed to read first, then someone else should be handling those kinds of decisions for you, as it would be in said persons best interest.

    180. Re:IBM PC by rizzo320 · · Score: 1

      Actually, if you start a small business, and you wish to sell Windows on the computers you sell, then you need to buy OEM licences of Windows from Microsoft. A user then has the option of keeping the OEM license of Windows on the computer, or buying a retail version of the license and installing it over the OEM license. You have different rights and permissions depending on whether you have a retail or OEM version of Windows installed.

      If your computer company wanted to sell PC's with Mac OS X, then you would need to buy an OEM license of Mac OS X. Unfortunately, Apple does not sell an OEM license. You only obtain an OEM license when you purchase an Apple computer.

      This is why Psystar may not have too much of a chance with their case. And no software companies are going to going to come to Psystar's defense and rescue them, just because they might be competing with Apple.

    181. Re:IBM PC by rizzo320 · · Score: 1

      Just because the software is being legally purchased does not give the company to circumvent closed-source portions of the source code and then modify it to work on their hardware. If you want to do this, go download GPL licensed software. Mac OS X is not licensed in this way.

      People aren't getting this. Psystar is being sued because they act as the "end user" when they install the software onto their hardware. There is no OEM license that anyone can obtain from Apple to install unless they buy an Apple computer. The EULA is then agreed upon by Psystar when they go to install Mac OS X on the PC. Psystar is the end-user.

      The people who have purchased these computers have different rights than Psystar. Apple isn't suing those who have purchased the hardware from Psystar. However, they'll never be able to install the sealed retail version of Mac OS X that was purchased along with their Psystar PC - because the version that's on the computer is not the one that's in the box.

    182. Re:IBM PC by rizzo320 · · Score: 1

      When installing software updates on Mac OS X, either using the Software Update utility, or, by downloading them from Apple.com, you must agree to the terms before you are allowed to install them.

    183. Re:IBM PC by rizzo320 · · Score: 1

      You have the order wrong. The Mac OS X that was "bought" for you cannot be installed as is on their hardware. It's modified before the install. The have a "hacked" image of Mac OS X that is installed on the computer, and then they ship a retail copy of Mac OS X along with it. The user that receives this computer will be unable to reinstall Mac OS X from the retail disc provided because the licensed copy will not install itself on non-Apple hardware. This is a limitation built into the Mac OS X installer utility.

    184. Re:IBM PC by LS · · Score: 1

      What are you talking about? Isn't there a shrink wrap eula for OS X? and don't you have to click "agree" when you install it? Since the honda example is just an analogy, we could easily just say that you DID have to sign an agreement before they handed over the car.

      You are missing the point actually, which is that there is no legal reason that you couldn't do this.

      --
      There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
    185. Re:IBM PC by DarkOx · · Score: 1

      Except that most of the big automakers do sell engines, whole and parts like just the bottom end. Other botique car companies buy them and put them in their own bodies. They don't generally make a secret of where the powerplant came from either.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    186. Re:IBM PC by arkhan_jg · · Score: 1

      Doctrine of first sale. Once a copyrighted work is sold, no further terms can be applied to that work post-sale by the copyright holder.

      Unless the EULA is avaiable to be read, agreed upon and signed before the sale is completed at the till, all further terms are non binding. A contract of adhesion - by reading this, you agree to etc etc - are generally considered unconscionable. A contract is supposed to be a meeting of the minds, not one side dicating extra terms after the sale has already been made.

      They get round this by calling copies made into RAM/onto disc copyright infringement. In my country, there is a specific exemption for this meaning you have the right to do this without the permission of the copyright holder.

      Now, licences agreed as part of an ongoing service; as part of an online game for example, are indeed valid as long as they are agreed as part of the subscription.

      Non-commercial software terms are usually made clear prior to the sale, often as part of a separate pre-sale contract (MOLP licences spring to mind for microsoft). These are clearly contract licences agreed pre-sale, so first sale doctrine doesn't apply.

      breaking the DRM to use the software? Yes, that's very likely a DMCA violation. Reverse engineering the IBM fir

      But the EULA itself doesn't stand unless you specifically force them to be valid (UCITA states in the US, which have a law to make them valid post-sale) or have it agreed prior to sale, or allow the 'copy-to-RAM' argument to count as copyright infringement.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    187. Re:IBM PC by arkhan_jg · · Score: 1

      Oops. I meant to say, reverse engineering the IBM firmware back in the day would probably have fallen afoul of the DMCA if it were done today. They might have won in court eventually, but the threat would have been a big chilling effect on the reverse engineering.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    188. Re:IBM PC by hobbit · · Score: 2, Insightful

      I most certainly wasn't talking out of my ass. I did think the new iPhone fixed it. Assuming you're not talking out of your ass, I'll have to revise what I thought. But I still thought it.

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    189. Re:IBM PC by hobbit · · Score: 1

      If the only advantages are not ones available to the public, then how is that any use?

      The advantages may be available to the public, just not any description of them. You can taste Coca-Cola without knowing how it's made.

      If an "average user" makes a claim, I expect him to back up that claim with a rational argument. If he considers himself not to be qualified, then he shouldn't make that claim in the first place.

      When people say "it's easier to use", what they usually mean is "I find it easier to use [and if you don't, why not use something else]".

      I disagree. Anyone can assert that their favourite item is "known for its X", but that doesn't make it true.

      Indeed. Likewise with the converse.

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    190. Re:IBM PC by analog_line · · Score: 1

      The only difference is Apple motherboards have a chip that OSX looks for. It could be argued that circumventing this security measure is a violation of the DMCA, I suppose..

      I believe it was Lexmark that got smacked down by the courts when they tried to claim that the exact same type of tehcnical measure made it illegal for anyone else to sell replacement ink cartridges for their machines.

    191. Re:IBM PC by mdwh2 · · Score: 1

      The advantages may be available to the public, just not any description of them. You can taste Coca-Cola without knowing how it's made.

      I am not asking for in-depth technical details on how Apple writes its software or designs its hardware! I just want the details - e.g., "It tastes better" (although if the only advantages of the Iphone are matters of taste, then that's not really relevant in an objective discussion about technology. I'll respond with "My much cheaper phone looks pretty", and that will be that).

      When people say "it's easier to use", what they usually mean is "I find it easier to use [and if you don't, why not use something else]".

      I know that "It's easier to use" means "I find it easier to use" - that's the same sentence written slightly differently. I still expect them to explain why.

      And no, Mac users who state that "It's easier to use", "It Just Works" are not implying that other phones are just as good for other people, they're making a claim that the Iphone actually is better than all other phones.

      Likewise with the converse.

      I don't understand? I'm not the one making an assertion.

    192. Re:IBM PC by Lars+T. · · Score: 1

      Of course at the time your geeks talked about "wouldn't it be cool if", the features were present in the test models of the iPhone - while they are still in the "wouldn't it be cool" phase for OpenMoko.

      We're talking about whether the ideas themselves are innovative, not whether Apple is able to put ideas together in a mass consumer friendly fashion.

      You appear to have mistaken this for the "let's bash OpenMoko" thread.

      Listen, having ideas, and having ideas and then actually implementing them - that is the difference between dreamers and innovators. And patting your back for having an idea after somebody else already implemented it is ...

      --

      Lars T.

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

    193. Re:IBM PC by jellomizer · · Score: 1

      Now there is no reason to give you half my paycheck. However If I had to and I had a desire of maintaining my current standard of living I would probably need to readjust my career path less technical more managerial with the possibility moving to a different location that has overall higher wages for my skill sets. So yes you apology is correct. But there is no reason to give you half my paycheck even if I could in time innovate myself a way to make double pay as if I was making double pay and still giving you half my paycheck I would be making the same as I would before 2x/2 = x. However if other actions has caused me to need more money I could think of a way to do so. However I am relatively happy at my current standard of living. So I am not motivated to do so.

      My logic makes sense it is your political views that you emotionally disagree with that clouds it. Remember we are talking about innovation here only innovation not politics, religion, or ethics. We invent as we have a problem to solve. if we there is already a good solution then we tend to copy it. copying isn't innovation improving on the design is. The more you have to improve the more you have to innovate.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    194. Re:IBM PC by hobbit · · Score: 2, Interesting

      I am not asking for in-depth technical details on how Apple writes its software or designs its hardware!

      I think you are. You might be able to explain some of their design principles in terms of well-known laws such as Hick's or Fitts's. But they also do a large amount of user testing, at financial cost to themselves, so they keep it to themselves.

      I just want the details - e.g., "It tastes better"

      I don't really see the difference between "It tastes better" and "It just works".

      I know that "It's easier to use" means "I find it easier to use" - that's the same sentence written slightly differently. I still expect them to explain why.

      Would you expect someone who prefers Coke to Pepsi to explain (in technical terms) why you should too?

      And no, Mac users who state that "It's easier to use", "It Just Works" are not implying that other phones are just as good for other people, they're making a claim that the Iphone actually is better than all other phones.

      No. They're making the claim that the ease-of-use of the iPhone is more important to them than cut and paste, or whatever other features Blackberry users keep complaining that the iPhone doesn't have.

      I don't understand? I'm not the one making an assertion.

      Sure you are. You disagree with my statement that "The iPhone is known for its UI". You are making the assertion that "The iPhone is not known for its UI".

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    195. Re:IBM PC by torkus · · Score: 1

      Knowing something comes with additional terms doesn't mean I agreed to them prior to purchase nor, as i've pointed out, agreed to them.

      While precedent may generally side with Apple it's not crystal clear either. Furthermore it's just another example of how broken copyright/DMCA/patent laws are.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    196. Re:IBM PC by fictionpuss · · Score: 1

      Listen, having ideas, and having ideas and then actually implementing them - that is the difference between dreamers and innovators

      You seem to be twisting definitions to suit your own aesthetic preference. If you want to have a discussion about which is more innovative - the iPhone with a nice GUI or a completely open hardware + software phone platform.. then that's a discussion I'm happy to have.

      Nowhere have I bashed Apple for their ability to turn good ideas into attractive products. I have stated my opinion that the majority of the innovation in Apple, however, is the force which derives the direction the technology should take (high-tech for non-geeks), rather than the how-to details of implementation.

      And patting your back for having an idea after somebody else already implemented it is ...

      ... a good definition of the broken patent system mess and artificial restrictions to innovation and technological evolution which Apple are now manipulating to take down Psystar?

    197. Re:IBM PC by torkus · · Score: 1

      If you bought 100 copies of the book, tore out the last 20 pages and inserted your own and marked it as such...you'd be on firmer ground.

      I know there was a court case about someone modifying movies and reselling but that just means the precedent needs to be revisited. After all, that was a movie - not a bit of computer software :)

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    198. Re:IBM PC by torkus · · Score: 1

      So Apple is responsible for almost 20 years of innovation around multi-touch?

      I suppose we should credit them with shrinking a laptop from the suitcase-size "portable computers" of the 80's too.

      I restate my point - apple licenses the majority of it's technology and puts it together in a trendy package with excellent marketing.

      Hell, why do you think people still ask for Absolute vodka in bars?

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    199. Re:IBM PC by torkus · · Score: 1

      Ok, let's fill in the analogy some more then.

      You bought the car, PAID for the car, went outside with keys in hand and before climbing in to drive away they hand you a 'usage contract' and required you to agree to it before driving away. They fail.

      The big problem is that software is treated differently than other "real" things and software companies are allowed to get away with nonsense like this.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    200. Re:IBM PC by fictionpuss · · Score: 1

      Now there is no reason to give you half my paycheck. However If I had to and I had a desire of maintaining my current standard of living I would probably need to readjust my career path less technical more managerial with the possibility moving to a different location that has overall higher wages for my skill sets. So yes you apology is correct. But there is no reason to give you half my paycheck even if I could in time innovate myself a way to make double pay as if I was making double pay and still giving you half my paycheck I would be making the same as I would before 2x/2 = x.However if other actions has caused me to need more money I could think of a way to do so. However I am relatively happy at my current standard of living. So I am not motivated to do so.

      That, I believe, was the point and the joke, respectively.

      My logic makes sense it is your political views that you emotionally disagree with that clouds it. Remember we are talking about innovation here only innovation not politics, religion, or ethics. We invent as we have a problem to solve. if we there is already a good solution then we tend to copy it. copying isn't innovation improving on the design is. The more you have to improve the more you have to innovate.

      Evolution is almost all copying with a tiny amount of mutation.

      The freedom to experiment and recombine ideas is the fuel of technological innovation. It's also the fuel of science. This is not an emotional point, a political point, religious or ethical.

      In the universe of which you inhabit, scientists would not share results or methods with each other, as the best way to get new science would be to start from scratch each time they run an experiment.

      I'm not debating the point which you keep reiterating that evolution has the ability to overcome barriers in its path. I do think, however, that we are wasting both limited resources and potential by throwing artificial barriers in the path of technological evolution as not to inconvenience individual or corporate entities.

    201. Re:IBM PC by nine-times · · Score: 1

      If you bought 100 copies of the book, tore out the last 20 pages and inserted your own and marked it as such...you'd be on firmer ground.

      First, I'm not sure that's the case. I'm pretty sure they could still sue me (if they wanted) and that they would win. Like if I bought 10,000 copies of the last Harry Potter book and rewrote the ending so that it turned into a big orgy, reselling it as "Harry Potter: Sexy Addition", you don't think I'd get sued?

      Second, in this case, the analog would be... scratching out part of the DVD and then trying to overwrite the scratched-out part? See, because copying a modified version to a new DVD is *copying*, and you're only allowed to copy (and then distribute the copies) if you're the copyright owner or have a license to do so. Also, installing the OS is copying it. Psystar is being sued, apparently, for pre-installing on non-Apple hardware.

      So it's not like buying 100 copies, tearing out the last 20 pages, etc. Assuming they're distributing the original discs along with these computers, it's more like buying the books, reprinting a book with an altered ending, and then selling both the original copy and the altered copy together to the same customer.

    202. Re:IBM PC by Anonymous Coward · · Score: 0

      Well, you can make any car with any engine, as long as the engine was legally purchased. And you can even modify the engine as much as you want. You generally have to get into an agreement with the engine manufacturer to get a good price on buying them in quantity, but it's by no means necessary.

    203. Re:IBM PC by Anonymous Coward · · Score: 0

      Quote: (The requirements of an EFI firmware as well as a special ROM circuit)

      You mean like Apple defeats the DRM in Windows that require a BIOS firmware, so it can be installed in bootcamp? And thus is a violation of the DMCA?

    204. Re:IBM PC by Anonymous Coward · · Score: 0

      You can't buy the Mac OS you can only buy an UPGRADE to the Mac OS.

    205. Re:IBM PC by torkus · · Score: 1

      This analogy is too far out there at this point.

      After all, you can't USE software without copying it. Companies are getting into the insanity of claiming that any copy is subject to their rules or considered unauthorized and thus illegal. This includes the copy in system memory for Warcraft with respect to their glider lawsuit.

      Insanity.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    206. Re:IBM PC by Chrononium · · Score: 1

      This point reminds me of some cases a few years ago in which a company offered to censor DVDs before a consumer bought them. The client would tell the company to censor a DVD, so the company would purchase the DVD, modify it, and sell it to the client. That was shot down by the courts and the MPAA as copyright infringement (I think). In any case, does anyone think that this applies here?

    207. Re:IBM PC by Anonymous Coward · · Score: 0

      There may be a loophole here.

      I don't know the specifics of the Psystar's sales agreements, but as part of the sales agreement, the end user could be contracting Psystar to modify and install OS X for them. Psystar could be acting as an agent of the end user.

    208. Re:IBM PC by Avatarlar · · Score: 1

      In Soviet Russia perfect moments for meme use wait and find you!

    209. Re:IBM PC by stiller · · Score: 1

      You hit the nail on the head with this not being a EULA issue, it's indeed a copyright issue and the car analogy actually does work here:

      There are a number of 'tuning' companies in Europe, who take existing BMW, Merc, Audi models and completely adjust them to outperform the originals in every way. However, unless they get explicit permission from the manufacturer to use their name, they must remove all branding (badges, model names, etc.). If they would put these 'clones' on the market with original branding, they would be sued and lose.

    210. Re:IBM PC by nine-times · · Score: 1

      Yes-- that might be more of a trademark issue than copyright, but it's a similar idea.

    211. Re:IBM PC by orclevegam · · Score: 1

      So then MS would be innovative

      I guess if you consider large wads of cash, lawyers, and ham-handed media blitzes to be technology.

      --
      Curiosity was framed, Ignorance killed the cat.
    212. Re:IBM PC by orclevegam · · Score: 1

      Now, licences agreed as part of an ongoing service; as part of an online game for example, are indeed valid as long as they are agreed as part of the subscription.

      FYI, this is part of the reason why Blizzard requires people to agree to the WoW EULA after every patch, that way they can change the EULA at any time they put a patch out and anyone still playing after the patch has agreed to the new EULA explicitly. I don't know if the EULA has ever actually changed or not, as after the first couple times I mostly just skim it, but even if someone violated the EULA all that would happen is their account would be canceled and banned, they'd still have a valid license to the software. Not that a license to the software without an account actually gets you anything.

      --
      Curiosity was framed, Ignorance killed the cat.
    213. Re:IBM PC by Anonymous Coward · · Score: 0

      I'll try to pull a troll moment here, and say we don't find anything inovative about your opinion.

    214. Re:IBM PC by orclevegam · · Score: 1

      Better version of the steak/restaurant example would be:
      I own a restaurant that sells 4 things. First I sell plates. They have my logo, and they're very nice, but it's still basically a plate. They're also three times the price of any other plates on the market. Secondly I sell steak. Printed on the packaging the steaks come in is a notice that by opening the package you agree to my license to eat the steak, and that as part of that license you agree to eat my steaks on one of my official plates, and only my official plates. Third, I sell a combo pack with 1 steak and 1 plate, but the packaging still bears the same license as for the steak by itself. Lastly I sell a combo platter with the steak, the plate, and some fries.
      Now, someone comes along and says "There's nothing special about those plates, why should people have to buy expensive plates just to eat this guys steak?" and so they buy a bunch of steak from me, package it with their own plates, and sell it for a fraction of the cost (because they use cheap plates and don't pay a license fee to me to plaster my logo all over it). The fries are irrelevant as they have no special license attached to them.
      That more accurately captures the spirit of this case I think.

      --
      Curiosity was framed, Ignorance killed the cat.
    215. Re:IBM PC by Lars+T. · · Score: 1

      Yeah, sure, a "completely open hardware + software phone platform" that has no features most other phones have is innovative - and I'm the one twisting definitions.

      --

      Lars T.

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

    216. Re:IBM PC by Lars+T. · · Score: 1

      Because they also buy from Microsoft, you shill.

      --

      Lars T.

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

    217. Re:IBM PC by mr_matticus · · Score: 1

      Knowing something comes with additional terms doesn't mean I agreed to them prior to purchase nor, as i've pointed out, agreed to them.

      I never said otherwise.

      Agreeing and then using the software, on the other hand, is certain assent, so long as terms are available beforehand.

      Furthermore it's just another example of how broken copyright/DMCA/patent laws are.

      No, it's not. It's got nothing to do with copyright/DMCA/patent law. Quit trying to invoke the Slashdot unholy trinity so you have a monster to rail against. It's contract law, and well-established contract law at that.

      The legal issues of assent EULAs lie elsewhere, and failures of assent are dependent on either not making the terms available prior to purchase (e.g. ) or on allowing agreement without directly presenting terms (e.g. Netscape).

    218. Re:IBM PC by nine-times · · Score: 1

      I have a couple things to note. First, my original use of the steak metaphor was to point out that you can't have a monopoly on *your product*. It doesn't make sense. A monopoly is when you prevent someone from selling a competing product, not when you restrict their ability to sell your own product. Your modifications don't seem to me to take away from that.

      But also, I'd say the focus of your metaphor is a bit off, partially because there's no connection between the steak and the plate. There's no real reason why they should be sold together, whereas an OS is a bit connected to the hardware it's running on. You can't really use the software without some kind of hardware. Also, part of the issue involves copyright infringement, and not just buying and selling physical goods.

      Anyway, I'm not sure it helps to continually message these metaphors, because none of them are going to be accurate. But I'll give it one more shot anyway: Let's say, instead of plates, my steak comes with a special sauce. So I'm really selling the steak, but it comes with special sauce on it, or you can ask the waiter for extra special-sauce if you want more. So the owner of the restaurant next door comes over and says, "Hey, your special sauce is great. In fact, I think people only buy your steak for that sauce. Can I buy a bunch of it from you to put on my hamburgers?" And I say "No way. You're right that some people are only buying my steak in order to get the special sauce, which is why I developed the recipe in the first place. To sell steak."

      So later that night, the owner next door sneaks into my restaurant and steals my special sauce, puts extra sugar in it, and then starts selling it on his hamburgers. He even advertises his burgers saying, "Now with nine-times' special sauce!" When I ask him to stop, he says, "I'm within my rights. I paid the same amount for the sauce that your customers paid. You were giving it to your customers for free! You only charged them for the steak."

      Now there are lots of things wrong with what he did. First, he stole the sauce without my permission (in the case of Psystar, copyright infringement without a license). Also, he's advertising the sauce as *my* sauce, which is made worse by the fact that he modified it so it isn't really the same as my sauce. You might say it's better with extra sugar, but that's beside the point.

      Still not a perfect metaphor (I don't like equating copyright infringement with stealing), but it's closer to what's actually going on.

    219. Re:IBM PC by fictionpuss · · Score: 1

      I'm the one twisting definitions.

      Yes, and I'm glad that you finally recognise it, too.

    220. Re:IBM PC by Cairnarvon · · Score: 1

      The only problem is that making production cars that are light and aerodynamic are against the will of the industry or something.

      More like against safety regulations. There's something to be said for cars that don't shatter and kill their passengers when they hit something at 20 mph, even if they're a bit less efficient.

      wtf car industry! wtf car buyers!

      wtf people who enjoy the use of their limbs!

    221. Re:IBM PC by kaizokuace · · Score: 1

      u can make light cars that handle well in crashes. It just isnt as cheap as a stamped unitbody frame.Tubular spaceframes can give you light weight and good crash safety. How do race drivers always walk away from horrible crashes!

      --
      Balderdash!
    222. Re:IBM PC by Kadin2048 · · Score: 1

      Sure. Microsoft is occasionally innovative.

      Just because a product is innovative doesn't mean it's any good ....

      You can come up with a completely novel way of solving a problem that's worse than every other way of solving it; that might be innovative, yet nothing you'd want to actually use. (Lots of academic developments fall into this category.)

      Plus, I don't think anyone can argue that Microsoft hasn't displayed remarkable innovation in devising clever new ways to suppress competition, manipulate the market, and generally fleece the consumer for ridiculous amounts of cash. Evil can be innovative, too.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    223. Re:IBM PC by orclevegam · · Score: 1

      You know, it occurs to me that this whole thing really hinges on the modifications done to the OS X install image to get the thing to boot. They could bypass the entire problem by taking the BartPE approach and simply bundling a program with the computers (say make it a Linux program and just ship a ultra-stripped down copy of linux installed with the app) that when you provide a copy of a OS X install disk it slipstreams the changes required to get it to install on their hardware and burns it to a new disk. That pushes the EULA violation down to the end user and requires them to get a copy of OS X from Apple. That also nicely eliminates any copyright infringement argument (ignoring the legality of the end user violating that particular clause of the EULA which may or may not be enforceable).

      Sure it wouldn't be as nice and user friendly as a pre-installed image, but at least it would be unquestionably legal (at least from the manufacturers standpoint).

      --
      Curiosity was framed, Ignorance killed the cat.
    224. Re:IBM PC by torkus · · Score: 1

      There's also the not-so-minor consideration i pointed out already.

      Their "hidden contract" requires action of you regardless of your agreement - otherwise you're forcd to give up the entire value of the product. You have to a) agree and abide by terms or b) go back and return (assuming there's not an argument at the store on top of it). Granted a money-back is known and assumed by most of us techie people but the majority of the population sees the "no returns on opened software" policy in virtualy *every*single*store*. So which contract superceedes which? 'Opened' to most stores is the box, not the sticker-sealed software packet that's inside many/most.

      They are forcing you to take action that you can't not know prior to purchase.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    225. Re:IBM PC by torkus · · Score: 1

      Decending to name calling now? Sorry if I refuse to accept Apple as the all-might, never-failing computer company that's going to change our lives, save the world, and cure AIDS all based on Steve's visions.

      Do they have a decent niche product? Yes. Is their marketing team one of the best in the industry? Certainly. Did they actually come up with most of the technology they integrate? Certainly not.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    226. Re:IBM PC by nine-times · · Score: 1

      Yes, I'm sure that would lessen the legal problem-- if they shipped the computers without OSX installed, but with some program that was capable of installing OSX on generic hardware. Of course, if they were to do that, then why would anyone bother to buy the computer for Psystar? All you have to do is get ahold of their program to install OSX, and then you can install OSX on whatever machine you want.

    227. Re:IBM PC by Lars+T. · · Score: 1

      Sorry that I don't accept Microsoft of giver of all that's good in the world.

      --

      Lars T.

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

    228. Re:IBM PC by Mike+Buddha · · Score: 1

      Oh, so you stated a "fact" without knowing whether or not it was true? That's the definition of "talking out of one's ass". Whether you believed it to be true is of no consequence.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    229. Re:IBM PC by orclevegam · · Score: 1

      Because you can't. It still requires some very specific hardware to run OS X, in particular the motherboard has to support the next generation of BIOS (who's name escapes me at the moment), otherwise OS X won't boot, hacked up drivers or not. There's lot of guides out there that will walk you through building a custom PC and installing OS X on it, as well as point you to where you need to get the custom drivers and how to slipstream them into the OS X install. All Psystar did was to package all that so that you don't have to go looking for some specific brand of motherboard. Incidentally, finding out if the motherboard will work with OS X is the hardest part of the whole process because support for those features isn't really important to anyone but someone trying to run OS X on it. Pystar hasn't done anything that several others haven't done before, they're just commercializing the process.

      So, I guess the answer is, because it's simpler to just buy the hardware from Psystar. The software side of things hasn't been a problem for a long time now.

      --
      Curiosity was framed, Ignorance killed the cat.
    230. Re:IBM PC by nine-times · · Score: 1

      Because you can't. It still requires some very specific hardware to run OS X, in particular the motherboard has to support the next generation of BIOS

      EFI?

      Incidentally, finding out if the motherboard will work with OS X is the hardest part of the whole process because support for those features isn't really important to anyone but someone trying to run OS X on it

      Ok. I was under the impression that you could get OSX running on pretty normal hardware, but if you say so.

      Still, it seems to me like they'd be cutting their audience if you could just easy software to take care of the hacking-the-OS part. As it is, their audience is anyone who wants OSX but doesn't want to buy Apple hardware. That seems like it might be a pretty wide audience. However, if they make some software available that allows you to somehow slipstream the patches to the OS, then their audience shrinks down to people who:

      • want OSX
      • don't want to buy from Apple
      • are willing to install their own OS
      • don't want to find the right motherboard and build their own system

      I mean, it's not quite that simple, but hopefully you see what I'm getting at. People who really want OSX but don't like the idea of being restricted to buying from Apple also aren't going to be too likely to want to be restricted to buying from Psystar. They'll want to build their own. People who are just looking for "Apple but cheaper" and don't want to build their own system probably won't be eager to install their own OS.

      There might still be a niche market there, but it's probably not too big.

    231. Re:IBM PC by hobbit · · Score: 1

      Let me spell it out for you one more time, since you're obviously not a native speaker of the English language:

      Do you understand the difference between the following two statements?

      1) But I think the new iPhone (released a few days ago) has fixed that.
      2) But the new iPhone (released a few days ago) has fixed that.

      I'll give you a clue: one of them was true, and one of them wasn't.

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    232. Re:IBM PC by bill_kress · · Score: 1

      That would be buying a mac sticker and putting it on some generic x386. This is more like the engine, wouldn't you agree?

    233. Re:IBM PC by bill_kress · · Score: 1

      Hardware that runs windows is competitive, hardware that runs OSX is not. Are you disagreeing with that.

      I didn't realize I had to be so specific to stop fanboys from picking apart very simple, obvious statements.

      ps. I own a mac and prefer not to use a PC, but blindly defending a company by twisting viewpoints until I find one that makes them look good is a privilege I reserve for Google alone.

    234. Re:IBM PC by nine-times · · Score: 1

      I didn't realize I had to be so specific to stop fanboys from picking apart very simple, obvious statements.

      Yeah, It may be obvious, but it also happens to be wrong-headed. I didn't realize that I was going to be flamed to stating something better than what's obvious-- something insightful.

      Apple has plenty of competition. They're primarily a hardware vendor of generic Intel hardware. That's a competitive market. You're trying to claim that Apple can charge "whatever they want for their hardware" because they have no competition. Obviously that's not at all true. If they charged $5k for the bottom-rung macbook, then people wouldn't buy them. They've made their money by producing laptops that are *very* competitive with Dell/HP based on quality, features, and design. One of the features just happens to be an OS that they built specifically in order to market their computer hardware.

      So complaining that "hardware that runs OSX is not [competitve]" would be a little like complaining "Laptops built by Dell is not a competitive market, because Dell has a 100% monopoly". I mean, yeah, it's kind of true, but it's also not meaningful.

      I understand you want to complain because you would like to be able to install OSX on non-Apple machines. But that doesn't mean there's anything wrong or immoral with Apple refusing to license their OS.

    235. Re:IBM PC by mr_matticus · · Score: 1

      Their "hidden contract" requires action of you regardless of your agreement

      Every consumer sales contract does. This is irrelevant.

      So which contract superceedes which?

      Neither. The store is technically free to set its own sales terms, though they cannot reject returns on software where the disc is still sealed, even if the outer box is open, unless there is no seal on the software inside. If the disc seal is broken, they do not have to accept the return, though most will if you point to the terms of the software.

      A responsible consumer reviews the terms before purchase and avoids the situation entirely. Sometimes pursuing contractual rights takes time and effort, especially when a person blindly enters into an agreement despite having multiple opportunities to slow down and think about it. The deeper into the process you go, the harder it is to get out.

      If you encounter a store refusing to accept the return, contact the publisher and/or have a letter drafted by a local attorney. My office prepares this type of letter for a nominal fee and has always resolved the issue.

      'Opened' to most stores is the box, not the sticker-sealed software packet that's inside many/most.

      That's simply not true. That may be your intuition on the policy, particularly if it's labeled and "open box" policy, but that is usually to encompass CD and DVD sales as well. It is the final seal to the media that is at issue in those store policies. Further, breaking the seal on the disc only occurs after at least three opportunities to view the terms have been missed.

    236. Re:IBM PC by GWBasic · · Score: 1

      The biggest problem here for Apple is monopoly issues and tying, which I see Psystar counsel has wisely raised. (You can be a monopoly of a more restricted relevant market than just OSs in general..)

      IANAL, and again, IANAL, but I don't see how monopoly would apply. Psystar has plenty of operating systems to choose from, and as far as I know, Linux has aproximately the same market share as OSX.

      Tying seems like a stretch, considering that iTunes DRM-protected music only works on the iPod.

      Again, IANAL, so someone who's more familar with the issues could probably make a better argument.

    237. Re:IBM PC by torkus · · Score: 1

      Sorry but at what point did I say that? Assuming I'm a MS fanboy just because I don't worship apple is a bit of a stretch.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    238. Re:IBM PC by torkus · · Score: 1

      Sorry but your argument fails. If a store is free to set it's own return policy then they can reject returns bla bla bla.

      You continue to ignore my point. The after-the-fact contract (i.e. EULA) is not a stipulation of sale. Forcing someone to accept it's terms (which you do - the terms require action in either of two ways: returning or use according to rules) does not follow accepted practice in any other situation.

      You can't call a consumer irresponsible for companies assuming s/he agrees to an unmentioned and indeterminite contract, sight-unseen, at the time of sale. No other industry would even attempt such a thing.

      Besides all that and speaking from a realistic perspective...why should i have to fight to return software (or hire an atty) because the mfg has a set or rules that conflict with their resellers rules? Or one better, when companies update their EULA or TOS that *should* give me the right to reject the change and cease using the software. Every OTHER industry accepts that fact even though they don't like to. I'd like to return my copy of warcraft because they updated their EULA last week. You think anyone is going to even listen for more than 3 seconds?

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    239. Re:IBM PC by mr_matticus · · Score: 1

      You continue to ignore my point. The after-the-fact contract (i.e. EULA) is not a stipulation of sale.

      No, you just continue to fail to comprehend. The EULA is a stipulation of use, not of sale. You are free to buy the box and do as you please with it, but the purchase of the media does not confer a license.

      Forcing someone to accept it's terms

      It is terms...what? There is no force. Accept or reject. You have a choice.

      You can't call a consumer irresponsible for companies assuming s/he agrees to an unmentioned and indeterminite contract, sight-unseen, at the time of sale. No other industry would even attempt such a thing.

      There is no assumption. They are presented with terms, and they agree or disagree.

      Contrary to your statements, this is quite common in a number of industries: airline travel, cruise tickets, parking facilities, cellular service contracts, cable TV, high-speed Internet access, and credit cards, just to name a few off the top of my head.

      why should i have to fight to return software (or hire an atty) because the mfg has a set or rules that conflict with their resellers rules?

      You shouldn't. But you also shouldn't have to fight with your cell phone company when they screw up your bill, nor should you have to fight to exercise a termination clause. Enforcing a contract often requires more than simply pointing to the provision. That is simple human nature, and why there are tens of thousands of cases on the books.

      Or one better, when companies update their EULA or TOS that *should* give me the right to reject the change and cease using the software.

      You have every right to do so.

      I'd like to return my copy of warcraft because they updated their EULA last week. You think anyone is going to even listen for more than 3 seconds?

      No, because it's a ridiculous assertion. You used the software. When they change the terms of the online service, you are free to discontinue the online service, but you're not entitled to a refund for the software license itself because you received the benefit of that bargain. Further, unless I'm mistaken, you can continue to use the offline portions of the software without consequence.

    240. Re:IBM PC by torkus · · Score: 1

      Contrary to your statements, this is quite common in a number of industries: airline travel, cruise tickets, parking facilities, cellular service contracts, cable TV, high-speed Internet access, and credit cards, just to name a few off the top of my head.

      Dead wrong. There are contractual agreements on most/all of the above but they are all provided PRIOR to sale. In addition, every one of them makes you SIGN except (usually) parking where there are extremely limited terms they simply post in an obvious place. Heck, my credit cards even send me lovely booklets every now and then when they update their terms.
       
       

      No, because it's a ridiculous assertion. You used the software. When they change the terms of the online service, you are free to discontinue the online service, but you're not entitled to a refund for the software license itself because you received the benefit of that bargain. Further, unless I'm mistaken, you can continue to use the offline portions of the software without consequence

      Sorry, but yours is the ridiculous claim. Based on that I can sell something for whatever price and then change the terms of service to anything I want - up to and including prohibiting use - and just keep the money i made. Warcraft is an intersting example as there is NO offline use. However if it was usable offline: Their EULA was updated (which, per the original EULA, they can do at whim) and I declined to accept the changed contract. According to your entire argument, I can not use that software any more. Or are you going to argue that a company can write into an EULA that accepting the original form is equivilant to a perpetual acceptance of any terms they state in the future?

      You either treat a EULA like a real contract or it's nothing more than a suggested agreement with little to no legal standing. You can't have it both ways.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    241. Re:IBM PC by mr_matticus · · Score: 1

      There are contractual agreements on most/all of the above but they are all provided PRIOR to sale.

      No, they're not. You're not presented with the terms until you're right there about to use it. The terms being available on the website prior is precisely identical to software publishing.

      What's printed on the back of your airline ticket is not explicitly presented prior to the booking process.

      In addition, every one of them makes you SIGN

      Irrelevant. Assent is assent.

      Based on that I can sell something for whatever price and then change the terms of service to anything I want - up to and including prohibiting use - and just keep the money i made.

      No, you'd have to post terms available for review prior to sale that said the terms may change in the future, and you'd also have to indicate to the purchaser either by express notice or by trade usage that you were imposing terms on the sale. Then you'd have to be selling something requiring a license to use in the first place, as opposed to, say, produce or plastic discs. If you did all that, knock yourself out.

      According to your entire argument, I can not use that software any more.

      Correct, unless the license termination provisions allow you to operate under the prior license. All the licenses I write in such a context include this option, but your example is odd in the following ways: it is software being sold as a service, there does not appear to be an ongoing fee for the service, and you allege that there is no independent offline functionality.

      You either treat a EULA like a real contract or it's nothing more than a suggested agreement with little to no legal standing.

      There is exactly zero evidence to suggest the latter. It's sad how confused and lost you are.

    242. Re:IBM PC by bill_kress · · Score: 1

      No, I'm pretty happy with my mac book. I think it's a really impressive piece of hardware. The battery lasts 3 times longer than dell, and the boot/suspend is amazing (A lot of that is OS, and the fact that the OS just has to target a very narrowed set of hardware).

      But as far as being a monopoly? If they weren't trying to leverage that position (Of being the exclusive vendor of OS/X based hardware), why would they stop competitors? Aren't they losing themselves sales of the OS for every box not sold, or are they trying to use their position to get you to buy their hardware as well as the OS?

    243. Re:IBM PC by nine-times · · Score: 1

      I'm not saying that they aren't trying to remain the sole distributor of hardware that runs their own operating system. I'm saying that calling that "a monopoly" is a stretch. You can't have a "monopoly" by being the only person who sells your own products, when people are free to come up with competing products. Dell could take Darwin, put their own fancy GUI on top, and sell their own integrated hardware/software solution, if Dell chose to do so.

      People calling it a "monopoly" are just people who want Apple to sell the OS to run on any hardware, and can't accept that just because they want Apple to do something doesn't mean that Apple will (or even should) do it.

    244. Re:IBM PC by Sandbags · · Score: 1

      Actually, the firmware loader is hardware. There is a part of that firmware that's loadable, but a hardware component actually gets things running in microcode first, and that's hard wired into the chipset and not configurable.

      Hardware loads the firmware, firmware performs POST, then from that diagnostic information launches the boot loader which then performs the OS kernel unpack and load. This is a bit simplified, but accurate. EFI used a diferent hardware loader than BIOS, and bypassing that process, or tricking the OS into running on unsupported firmware, is a violation of the patent owned by he who designed the hardware (or the OS from the other perspective)

      --
      There is no contest in life for which the unprepared have the advantage.
    245. Re:IBM PC by bill_kress · · Score: 1

      And if IBM had maintained its monopoly on PC hardware? If they were still $5000/each and ran at 286 speeds due to lack of competition. If they were still targeted at business and not home because that was IBMs market?

      Okay, so then we say well IBM could compete with APPLE. We'd have no dell, hp, ... So I guess you don't HAVE to call it a monopoly if you want to split hairs, but unhealthy as hell for the consumer--yes. Horrid and greedy move by IBM and others, yes.

      See, we're not really trying to get Apple to do anything by calling it a monopoly, we're simply looking at the bigger picture and calling it Right or Wrong--the practice itself (if it became common) would have set personal computer development back two decades.

      You are only looking at Apple, but if this was practiced by IBM and we didn't want to use the term "Monopoly", we would have to make up a worse one for it--"Evil Soulless Asshattery" perhaps.

    246. Re:IBM PC by nine-times · · Score: 1

      So I guess you don't HAVE to call it a monopoly if you want to split hairs, but unhealthy as hell for the consumer--yes. Horrid and greedy move by IBM and others, yes.

      I don't know-- I think things would have developed differently, but if PCs couldn't have become IBM compatible, something else would have filled the void. As it is, having everything be IBM compatible effectively installed Microsoft as the default OS, which brought about a *real* monopoly, and continues to cause *real* problems for consumers.

      Because even if you consider IBM to have had a "monopoly", it was at a time when there weren't a lot of competitive alternate vendors. There was, what? Apple, Commodore? Would you really claim that Apple dominate the hardware market? Dell isn't competitive? That's complete nonsense.

      See, we're not really trying to get Apple to do anything by calling it a monopoly, we're simply looking at the bigger picture and calling it Right or Wrong

      Yeah, and it's a bit silly to determine some kind of moral "wrongness" because Apple is choosing to market their products differently that how you wish they would.

      Really none of this is at all comparable. You want something comparable, then how about this: Nintendo refuses to license the Wii software to run on XBox 360s. Does that mean that Nintendo is evil and has a monopoly on Wii software? Are they somehow being sneaky and selfish by leveraging the ability to play Wii games to sell their hardware?

      No. Of course not. They've developed a platform that consists of both hardware and software, and they're marketing it as an integrated solution. Apple is no different.

  11. Lame by Mr2001 · · Score: 3, Interesting

    This was probably inevitable, but it's a shame to see Psystar brought down. Without any competition in the computers-that-run-OS-X market, Apple just keeps getting more obnoxious.

    (If this kind of thing bothers you and you want to take a swipe back at Apple, I recommend passing up that shiny new iPhone 3G and looking at the equally shiny LG Dare instead. The screen is smaller but it's actually easier to type on.)

    --
    Visual IRC: Fast. Powerful. Free.
    1. Re:Lame by PunkOfLinux · · Score: 1

      First off LG sucks. Second, it's their OS, they *do* have a legal right to decide what hardware their creation will be allowed to run on.*

      *as long as it is contained in the EULA.

    2. Re:Lame by LWATCDR · · Score: 1

      What do you work for LG?
      Apple has not gone after the sites that tell you how to get OS/X running on a PC.
      If you don't like Apple then don't use their products. Or learn to code and make Linux a better desktop than OSX

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:Lame by Lumpy · · Score: 3, Funny

      I agree. This morning my Dualcore G5 booted, installed and update and then insulted me on how I was dressed and dissed me for not buying a new iPhone already.

      I'm getting tired of how condescending OSX keeps getting after each release.

      --
      Do not look at laser with remaining good eye.
    4. Re:Lame by jeiler · · Score: 1

      This was probably inevitable, but it's a shame to see Psystar brought down.

      It's both a shame, and inevitable. I can see Jobs' argument--that Psystar dilutes the Apple "brand"--even though I have some disagreements with how far the concept of "branding" has gone.

      OSx86 demonstrates that Apple's not completely alone in the "Runs OSX" crowd, though it's certainly not a project I'd give to my wife or my non-geekish friends.

      --

      If you haven't been down-modded lately, you aren't trying.

      Sacred cows make the best hamburger.

    5. Re:Lame by Creepy+Crawler · · Score: 1

      Under what law is a EULA legal?

      I see first Sale Doctrine trumping that crap, yet other judges saying EULAs are legal documents. What kind of legal documents are they?

      Reoccurring services, I can understand. Boxed software that you PAY for, I think not.

      --
    6. Re:Lame by Jasonjk74 · · Score: 1

      First off LG sucks. Second, it's their OS, they *do* have a legal right to decide what hardware their creation will be allowed to run on.*

      *as long as it is contained in the EULA.

      If Microsoft did the same thing, would that be as well-received?

    7. Re:Lame by theelectron · · Score: 1

      It may be legal, but it still stinks (and I think there may be others who agree). If I lease you a station wagon, do I get to decide where you can drive it? I could put a limit on the number of miles (roughly equivalent to number of installs in this analogy) but not on where you can drive it.

    8. Re:Lame by snowraver1 · · Score: 2, Informative

      I'm pretty sure that most Lease vehicles are not allowed to be driven in Mexico.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    9. Re:Lame by jandrese · · Score: 1

      I don't understand why we don't just write every EULA ever right into the constitution.

      --

      I read the internet for the articles.
    10. Re:Lame by Anonymous Coward · · Score: 0

      If it doesn't bother you, buy two iPhones. Vote with your wallet.

    11. Re:Lame by Sandbags · · Score: 4, Funny

      An EULA is a licence contract between 2 parties. It is clearly spelled out, presented both before and after the sale, able to be declined without penalty within given terms (do not open to refuse licence). Further more, it HAS been held in court that a licencing body may, at it's own discretion, require the return of said licence or contract for use at will.

      You are NOT buying the software. The software is provided BY the licence, not the other way around. You may keep the physical media, but the software is considered a seperate entity, and the use of it can be revolked. this is no different from the DMV, or a credit card company. You PAID a fee to get it, but you do NOT own it, (it says so on the back of your drives license and credit card both) you are only LICENSED to USE it, under their strict rules that you are legally bound to as soon as you accept said license, and can be ordered to return it, without refund, for any violation of its permissible applications.

      The grant of an EULA is backed by the US Code of Commerce, a document backed by the direct power of the US constitution, and the commerce department of the united states. they DO have the power to enforce it, and the rules for the creation of a license and what can and can't be included in one are deeply rooted in this piece of legislation.

      undoing the EULA would castrate the power of multiple government agencies, and wreak havock on the software and services sections of business. The ramifications of undoing licence use and trade restrictions by simply stating that software becomes an individual piece of property on purchase will cost the US BILLIONS in trade.

      Keep in mind, (if it works the way I see it) if you get your way, then we're no longer legally liable to FIX what's broken with what you bought (only to fix what didn't work as advertised on the day it was advertised), we'd only be liable to return it to original working order. If someone hacked your software, we'd not be responsible or liable for it anymore! It would be like requiring car companies to replace your engine because it won;t run E85, even though it wasn't originally speced out to.

      --
      There is no contest in life for which the unprepared have the advantage.
    12. Re:Lame by bhtooefr · · Score: 1

      Actually, I believe you could put restrictions on it, such as not being allowed to drive it in a motorsports event or something.

      (Don't laugh, there are wagons that can hold their own on a track.)

    13. Re:Lame by Eli+Gottlieb · · Score: 1

      Hell yes, because it would make so many people switch to Linux.

    14. Re:Lame by mattack2 · · Score: 1

      Don't car rental places charge an extra fee if you go out of state?

    15. Re:Lame by Anonymous Coward · · Score: 0

      I've NEVER seen an EULA presented before a sale. It may be available online if you know to go looking for it, but it's not there when you're standing in the store.

      And any time I've gone to a store to pick up software, or "bought" it online, it has been referred to exactly that way. I bought the software, the store sold it to me. They gave me a receipt for my purchase.

    16. Re:Lame by Anonymous Coward · · Score: 0

      Kinda like this?

      http://www.penny-arcade.com/comic/2007/8/24/harrowing-says-gamespot/

    17. Re:Lame by onecheapgeek · · Score: 1

      See Digidyne v. Data General and re-analyze, please.

    18. Re:Lame by trenien · · Score: 2, Insightful
      A EULA is a piece of toilet paper that's first seen light to exonerate software producing companies from facing pissed consumers when their poorly coded crap inevitably crashed down.

      That such a thing could sometime be considered valid is a testimony to how much law makers/judiciaries are on the payroll of big business.

    19. Re:Lame by brkello · · Score: 1

      You're lucky! Mine got my girl friend pregnant when I went out of town. On the plus side, I'll get a bunch of Ipod nanos in 9 months.

      --
      Support a great indie game: http://www.abaddon360.com
    20. Re:Lame by iCEBaLM · · Score: 4, Interesting

      presented both before and after the sale, able to be declined without penalty within given terms (do not open to refuse licence).

      I don't know what fucking planet you live on, but on this one software boxes don't have the 50 page EULA's printed on them.

      The big issue with EULAs is you have to open the box to see it, yet you can't open the box and see it until you buy it, at which point no store will refund an opened software box if you disagree with an EULA.

    21. Re:Lame by Sloppy · · Score: 3, Insightful

      An EULA is a licence contract between 2 parties. It is clearly spelled out, presented both before and after the sale

      You mean that if I visit this page (which unless my browser's search function doesn't work, appears to not contain the word "license" anywhere; in every way it appears to offer an item for sale), click on "Add to shopping cart," and then "proceed to check out" (other sales terms), then before I get to the screen where I give Amazon my credit card number (note that I'm dealing with Amazon, and have not yet conducted any business with Apple), the transaction is going to be interrupted by Apple (the party you're claiming I'm about to enter into a contract with) and they're going to show me a license?

      Wow. Amazon.com must be a really complex web site.

      this is no different from the DMV, or a credit card company.

      Really? I remember signing some forms from both of those entities, before they gave me a card. I had quid-pro-quo agreements with my DMV and credit card issuer. In fact, every single contract in the rest of my entire life -- every single business or person that I am somehow bound to -- had some sort of direct transaction like that. I've either met them or at least sent 'em some paperwork with my signature, or damn, at least sent them an email (things are getting a lot less formal/provable here, but as a matter of honor I think it's fair to say that a non-forged email is your word) or at least made an http post to their server. I mean, there's at least some sort of interaction between the two parties.

      But somehow, software publishers are a special case, huh? They are the one type of business, within all of the realm of humanity's economic endeavors since the dawn of history, where the usual rules and customs don't apply, huh?

      The ramifications of undoing licence use..

      Nobody's talking about disallowing software licenses. My former employer used sales contracts where the customer signed a piece of paper before they received the software, and if there was ever a dispute over who agreed to what, we had that piece of paper as reference/evidence.

      What we're talking about here, are fake licenses, that one (sometimes both!!) of the so-called "parties" weren't really a party to any agreement, and there's no evidence that an agreement (or even any communication at all!) happened. This is a meeting of the minds?!?

      ..will cost the US BILLIONS in trade.

      Fraud is not a type of commerce that I value. I'm sure there are some people in Nigeria who would argue that failing to legalize their scams is costing the country some trade, but that doesn't mean anyone is going to take them seriously.

      Copyright law provides an excellent, if imperfect, solution to dealing with the rights of software publishers and users. If Apple isn't satisfied with that, then they are free to start using sales contracts. Sure, that will cost them most of their customers (because it's incredibly inconvenient) but that's the price of greed -- of wanting more from their customer than money -- more than what most software publishers (and music publishers and book publishers, everything covered by copyright) need.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    22. Re:Lame by PunkOfLinux · · Score: 1

      your argument is void, as microsoft's empire is built upon the fact that they run on most commodity hardware.

    23. Re:Lame by Jasonjk74 · · Score: 1

      your argument is void, as microsoft's empire is built upon the fact that they run on most commodity hardware.

      My argument is void in that it presumes an ability on your part to grasp the hypothetical. Thanks for playing.

    24. Re:Lame by Mr2001 · · Score: 1

      It may be legal, but it still stinks (and I think there may be others who agree). If I lease you a station wagon, do I get to decide where you can drive it?

      It's worse than that, because software is bought, not leased.

      If you lease a car, it still belongs to someone else and they can demand it back at any time; you don't expect to be able to keep it forever. On the other hand, if you buy the car, then it's yours and they can't tell you what to do with it.

      When you go to the store and exchange money for software, it doesn't belong to the store anymore - no one can demand it back from you. It's yours. That's a sale, not a lease. Some courts just fail to see the obvious.

      --
      Visual IRC: Fast. Powerful. Free.
    25. Re:Lame by PipsqueakOnAP133 · · Score: 1

      They did, it's called xBox 360.
      So who here has a problem with not being able to run that port of NT on their G5?

      *crickets*

      Okay then.

    26. Re:Lame by Mr2001 · · Score: 1

      You are NOT buying the software. The software is provided BY the licence, not the other way around.

      That's not generally true, even across the U.S. Software is considered to be "licensed" in the 7th and 8th circuits, but it's "sold" in the others.

      undoing the EULA would castrate the power of multiple government agencies, and wreak havock on the software and services sections of business. The ramifications of undoing licence use and trade restrictions by simply stating that software becomes an individual piece of property on purchase will cost the US BILLIONS in trade.

      Nonsense. The situation you're afraid of already exists, and the software industry is still doing fine. So are all the other industries where products are sold, not licensed or leased.

      --
      Visual IRC: Fast. Powerful. Free.
    27. Re:Lame by couchslug · · Score: 1

      "If this kind of thing bothers you and you want to take a swipe back at Apple, "

      It's fine with me. I don't care for Apple or Microsoft, and the more difficult Apple makes it for people to use their software on non-Apple systems the better. I prefer Free and Open software on generic hardware, and will not spend my money to support anything else.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    28. Re:Lame by Mr2001 · · Score: 1

      What do you work for LG? [...] If you don't like Apple then don't use their products.

      Exactly. Why do you think I recommended a competing product?

      --
      Visual IRC: Fast. Powerful. Free.
    29. Re:Lame by SoupIsGoodFood_42 · · Score: 1

      Apple just keeps getting more obnoxious.

      How so? Apart from nasty lawyer tactics, of course. I mean, how has Apple's products been getting more obnoxious?

    30. Re:Lame by rizzo320 · · Score: 1

      OSx86 demonstrates that Apple's not completely alone in the "Runs OSX" crowd

      Where do you think Psystar got their OS from? You think they engineered it themselves. OSX86 is a cool project. I was running Tiger on an OptiPlex GX270 - and Apple never bothered them. If they get shut down, you can thank Psystar for that, by trying to profit from their hobby.

    31. Re:Lame by Sandbags · · Score: 1

      Actually, you don't need the notice published ON the box, only a statement indicating there is an agreement binding, and where to locate a free copy. The EULA is publised on Apple's site, and can be ordered in print form by calling a 1-800 number. The Store will NOT take the package back opened, but Apple will, as long as the inner-box EULA sticker is still unbroken. It clearly sais so RIGHT ON THE STICKER.

      --
      There is no contest in life for which the unprepared have the advantage.
    32. Re:Lame by IntergalacticWalrus · · Score: 1

      iPod nanos are human/Mac hybrids?

      That's some scary shit.

    33. Re:Lame by Anonymous Coward · · Score: 0

      Whether or not the software is sold or rented or otherwise, the EULA is usually firmly fixed in two principles of copyright law:

      (a) the software as sold in the box is a recording of information in fixed media

      (b) except as provided by statute and by fair use rights granted by the courts all rights to make copies of any nature -- including copying from the fixed shiny-disc media to an internal hard drive -- are retained by the owner of the copyright in the information

      There are two different "ownerships" at play: first, there is the owner of the shiny disc with the data on it. Second, there is the owner of the rights to make copies of that data.

      Some EULAs try to restrict the rights of the first class of owner. These may or may not be valid, and clearly come into conflict with things like the first sale doctrine and analogies involving books, CDs, films on tape or DVD, etc.

      Most EULAs deal with broadening the right to copy data from "NONE except for those explicitly provided by statute or allowed by the courts as fair use" to "You may copy this software under the following conditions...". That is, most EULAs will broaden the right to copy that is available to the first type of owner, not narrow it. These are very likely to be valid.

      Fair use may not always protect the second type of owner from making copies of information onto their hard disks -- for instance, if the software (or a PART of that software) can be run directly from the shiny media (e.g. in CD/DVD as dongle schemes). Moreover, fair use hinges on fairness, and making a profit (even an indirect one) from derivative work designed to interfere with the copyright licence is almost certainly not going to be accepted as a defence by any court.

      So, whether or not a particular copy of software or installation media is sold or otherwise is usually less interesting in EULA analysis than to what extent installing and using the software is in line with either the statutory, common law, or EULA-granted rights to make copies of the data.

      On a case by case basis there are arguments that simply installing the data onto a hard drive might not be a fair use; other arguments have been made about "copying" that data into RAM, although those are (hopefully) bound to be weaker legally because they are pretty stupid physical arguments.

      Examples of almost certainly fair use that even a "ALL RIGHTS RESERVED" or otherwise non-permissive copyright statement cannot extinguish (n.b.: an absent copyright statement is by default maximally non-permissive):

      * installing the software onto a single computer for convenience (no need to swap shiny disks around)

      * making backups (to allow for restoration onto the very same computer)

      Some activity that may or may not be fair, depending on what the software actually does, but is more likely to be fair than not:

      * copying data to and from distribution media to other more transient storage (RAM, for example, or cache) in order to run it

      * copying data to a file server in such a way that only one computer will have access to that data, and done for the convenience of not having to swap shiny disks around on that single client computer

      * restoring from a backup to a new computer if the original computer breaks down

      Some activity that is unlikely to be considered fair:

      * copying data from distribution media to multiple computers

      * copying data from distribution media to a file server where it is subsequently copied over by multiple clients

      Some activity that is almost guaranteed not to be considered fair use (i.e., the circumstances in which these activities would be fair use are likely to be rare):

      * distributing a derivative work designed to extend the grant of rights by the copyright holder beyond those that are clearly defined in statute or which are clearly fair use

      * making new copies (in whole or in part) of the information and distributing them to th

    34. Re:Lame by Mr2001 · · Score: 1

      Whether or not the software is sold or rented or otherwise, the EULA is usually firmly fixed in two principles of copyright law:

      (a) the software as sold in the box is a recording of information in fixed media

      (b) except as provided by statute and by fair use rights granted by the courts all rights to make copies of any nature -- including copying from the fixed shiny-disc media to an internal hard drive -- are retained by the owner of the copyright in the information

      (b) is the one that undermines EULAs. You see, the right to make copies is provided by statute, specifically by 17 USC 117, which says "it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided ... that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner".

      In other words, if you buy a CD-ROM containing the software, you become an owner of a copy of that software (just like buying a book means you own a copy of that book). If you need to make further copies of the software in order to run it, e.g. copying it to your hard drive or into RAM, 17 USC 117 says that isn't an infringement.

      That's why it matters whether software is "sold" or "licensed" or something else. If a copy of a program is sold to you, then you own that copy, and you have the right to make copies as needed to run it. If it's licensed, leased, or rented, then someone else still owns it, and you don't have that right.

      There are two different "ownerships" at play: first, there is the owner of the shiny disc with the data on it. Second, there is the owner of the rights to make copies of that data. [...] Fair use may not always protect the second type of owner from making copies of information onto their hard disks [...] Moreover, fair use hinges on fairness, and making a profit (even an indirect one) from derivative work designed to interfere with the copyright licence is almost certainly not going to be accepted as a defence by any court.

      Under 17 USC 117, the owner of the shiny disc automatically receives the right to make copies (in certain circumstances). Fair use and profit are irrelevant in that case, because those copies are specifically allowed by statute.

      --
      Visual IRC: Fast. Powerful. Free.
    35. Re:Lame by Anonymous Coward · · Score: 0

      Under 17 USC 117, the owner of the shiny disc automatically receives the right to make copies (in certain circumstances).

      But the certain circumstances are narrowly defined. In particular, and you included this in your quote, "created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner".

      "Essential" has not been deeply explored yet, mainly because most EULA licensors are less concerned about DVD-as-dongle than if-you-sell-on-the-DVD-you-may-not-keep-a-copy. There is no support for the latter in statute.

      Unenforceable clauses are low risk to licensors since severability is unlikely to go away.

      Consequently, EULAs effectively broaden the rights a licensee has under statute and fair use. Clauses which narrow those rights will not be enforced by the courts (contra proferentem rule), but severability clauses almost certainly will be.

      However, since those rights are very narrow to begin with, even fairly lopsided (in an adhesion analysis sense) contractual terms are probably enforceable by the courts because by default a copyright holder is presumed to grant no rights to copy at all. That is, there is no obvious remedy to unconscionable terms in a copyright licence, because exorcising the terms does not change the balance between copyright holder and copier.

      It is this line of argument that led to the development of fair use in the first place (Folsom v Marsh and similar cases, with stautory support in 17 USC 107).

      In short, 17 USC 107 > 17 USC 117. The latter just covers the copying necessary for the licensee to use the software himself, nothing more. It does not permit backups, it does not permit retaining copies if the original media is sold on, it does not permit network file shares, etc. Fair use may cover any of those, on a case by case basis.

      If a copy of a program is sold to you, then you own that copy, and you have the right to make copies as needed to run it. If it's licensed, leased, or rented, then someone else still owns it, and you don't have that right.

      It is hard to imagine a realistic situation in which using software that is lawfully in your possession would not be considered fair use by a court.

      The only relevance of the "sold"/"leased"/"rented" question is that the court analysis of the purpose and character of the unlicensed copying is likely to be influenced by whether the possession of the copied material was lawful at the time of the copying. This is a matter of contract law with respect to commerce, and the relevant statutes are in UCC Art 2 plus lots of state law, and a full adhesion analysis would apply. EULAs which attempt to tilt the fair use analysis in the direction of the licensor by "expiring" legal possession unreasonably are unlikely to find a warm reception in court.

      However, it is very important to understand that one may have a fair use right to make a copy of a work fixed in media that belongs to someone else. (Conversely, even if one literally and cleary owns a shiny metal disk with work on it, one does not necessarily have any rights at all to copy that work). Copyright in that work, and ownership of the medium in which a copy of it it is fixed, are not identical. Yes, that's weird, but that's how it works.

    36. Re:Lame by Mr2001 · · Score: 1

      It is hard to imagine a realistic situation in which using software that is lawfully in your possession would not be considered fair use by a court.

      Indeed. I guess I misspoke; I didn't mean to say that you never have the right to make copies if you're not the "owner" of the copy. Fair use may certainly apply, although I'm not aware of any cases where fair use has been examined with regard to copying software in order to use it, so that's just speculation until a court has the chance to rule on it.

      My point is just that we don't need to bother speculating about fair use when we already have a perfectly good statutory right to install and run software.

      (Conversely, even if one literally and cleary owns a shiny metal disk with work on it, one does not necessarily have any rights at all to copy that work).

      If the work is software, it seems pretty clear from 117 that you have the rights to make a backup copy and to copy the software into RAM in order to run it.

      --
      Visual IRC: Fast. Powerful. Free.
  12. Clone Wars II by Anonymous Coward · · Score: 1, Interesting

    kiss innovation and creativity goodby kiddies... /. has been so wrapped up in it's M$ hatewagon ride, it overlooked the real assholes out there.

    I for one will NEVER by a MAC or any other APPLE product just over this alone.

    1. Re:Clone Wars II by jcr · · Score: 1

      kiss innovation and creativity goodby kiddies.

      Are you serious? Psystar is a white-box screwdriver shop. They have nothing at all to do with innovation.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Clone Wars II by punkass · · Score: 1

      What did Psystar create or innovate here?

      --
      "Nobody owns the fucking words man." - James Dean
    3. Re:Clone Wars II by Nightspirit · · Score: 1

      A desktop mac you can stick a graphics card into under 2k?

    4. Re:Clone Wars II by Anonymous Coward · · Score: 0

      Damn, Apple is cutting into the MS monopoly on Slashdot hatred. This is real news. Someone get Balmer on the phone. They must address this right away! Schedule that hostile takeover of yahoo post-haste!

    5. Re:Clone Wars II by Anonymous Coward · · Score: 0

      I for one will NEVER by a MAC or any other APPLE product just over this alone.

      I'm gonna go ahead and guess you've never bought a Mac or Apple product anyway, and had no plans to do so either.

    6. Re:Clone Wars II by Anonymous Coward · · Score: 0

      white box screwdriver shops are exactly the response you'd expect when the market's innovator stops innovating. if a white box screwdriver shop provides an equivalent product to apple's, what value is apple adding to the market? presently it looks like they're mostly adding more EULA precedent pollution.

    7. Re:Clone Wars II by multipartmixed · · Score: 1

      > I for one will NEVER by a MAC or any other APPLE product
      > just over this alone.

      Over this alone? You mean, aside from this, you would have?

      One might that that someone such as yourself might be equally appalled at Apple's attempted stomping of the VTech Laser, an Apple //c clone.

      I can forgive them for taking Franklin to court; Franklin pirated the ROMs. VTech licensed the Applesoft BASIC (from MS) and reversed the rest of the ROMs.

      Laser, on the other hand, actually innovated on the //c.

      --

      Do daemons dream of electric sleep()?
    8. Re:Clone Wars II by jcr · · Score: 1

      . if a white box screwdriver shop provides an equivalent product to apple's,

      They don't. I can run software update on my Mac.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  13. I am keeping mine! Ha, ha, HA! by Biljrat · · Score: 4, Funny

    Take that Stevie!

  14. Apple demands? by Anonymous Coward · · Score: 5, Insightful

    Ok, how about the thousands of us who demand a headless, non-pro, non-laptop computer, with actual desktop/decent parts in it?

    Mac mini: piss-poor GPU and low-capacity/slow LAPTOP 2.5" drive in a DESKTOP computer?

    iMac: fuckin' all-in-one computer with stupid glossy screens and low quality LCDs with not even average GPU choices.

    Mac Pro: are you fucking insane? I don't need that much power (and even the GPU options for that one are ridiculous).

    Make the Mac mini taller/bigger, put a 3.5" drive and a half-decent GPU in it (the ability to run Starcraft II and Diablo III at medium settings) and it WILL sell. A lot. You have no fuckin' idea how much people loathe all-in-one computers.

    1. Re:Apple demands? by Anonymous Coward · · Score: 0

      You have no fuckin' idea how much people loathe all-in-one computers.

      I think Apple's sales record over the past few years would have more than a few disagreements with that...

    2. Re:Apple demands? by Anonymous Coward · · Score: 1, Funny

      But they don't have the numbers for how many people would buy a headless iMac (i.e. exact same specs, without the LCD), so your point is moot.

      If you go by "sales record" then Apple has less than 8% marketshare anyway, which means that pratically nobody wants a Mac to begin with.

    3. Re:Apple demands? by Anonymous Coward · · Score: 0

      Make the Mac mini taller/bigger, put a 3.5" drive and a half-decent GPU in it (the ability to run Starcraft II and Diablo III at medium settings) and it WILL sell. A lot. You have no fuckin' idea how much people loathe all-in-one computers.

      At Apple's prices? No thanks. And you're wrong besides. Most people just check email and surf the web. They don't need much, least of all a "half-decent" GPU.

      The real problem with the Mac Mini is its price. Even if you don't want to build your own PC, you get get two low end Inspirons from Dell (including the OS) for the price of a Mac Mini, and you'll get a faster, larger hard drive as part of the package. And if you want to upgrade they won't charge you $100 for 1GB of DDR2.

    4. Re:Apple demands? by DinDaddy · · Score: 1

      Thousands. There's a market segment Apple should be catering to. Demands require leverage to back them up. Got any? Me either, so we don't get the mac we want. Not sure why you feel Apple owes it to us though.

    5. Re:Apple demands? by trayrace · · Score: 1

      What's wrong with a custom-built or beige box PC?

      You can get all the options you want, the hardware is practically the same as Apple's, heck, there's also some nice looking computer cases available if you like.

    6. Re:Apple demands? by Anonymous Coward · · Score: 0

      "You have no fuckin' idea how much people loathe all-in-one computers."

      You have no fuckin' idea how much people loathe beige midtowers that you seem to want so bad.

    7. Re:Apple demands? by GuyverDH · · Score: 0, Flamebait

      He said people, you know - individuals...

      The only people who buy Apple anything are the unwashed me-too masses...

      Every time Apple opens up their product line to competition, the competition stomps them, until they close it back up.

      Yes they make *pretty* looking products, but you can get more functionality at less than half the price, and 99% of the time end up with better overall quality to boot.

      Yes, I despise Apple as a company, and cannot wait for the masses to be turned into a beowulf cluster so that they might have half a brain and watch Apple crumble...

      --
      Who is general failure, and why is he reading my hard drive?
    8. Re:Apple demands? by UnknowingFool · · Score: 4, Insightful

      Ok, how about the thousands of us who demand a headless, non-pro, non-laptop computer, with actual desktop/decent parts in it?

      Unfortunately the same thousands who make this demand also want this computer to be very customizable and to cost under $500 because that's what Dell is selling. There's not much profitability in this market. I suspect this is the main reason Apple hasn't gotten into the market. They're not going to compete with Dell, Lenovo, and countless others in this cutthroat pricing. Apple isn't in business to make computers that are unprofitable.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    9. Re:Apple demands? by NulDevice · · Score: 2, Funny

      > The only people who buy Apple anything are the unwashed me-too masses...

      Hey, I took a shower this morning, and I've been fastidious about washing my hands all day, since the guy in the next cube has the plague or something.

      So I guess that sends your hypothesis right down the proverbial drain. I'm washed, and I have a few Apple products. QED.

      --

      ----
      "I used to listen to Null Device before they sold out."

    10. Re:Apple demands? by HumanEmulator · · Score: 1

      Apple is perpetually slightly behind with GPUs because ATi and Nvidia generally release cards with "mostly working" DirectX drivers before they even have a partly working Mac OS X driver.

      This is compounded by the lack of Mac OS X games (since games generally need optimized working drivers), and the small number of systems Apple ships that have an upgradeable GPU. Right now their cheapest machine you can pop a new graphics card in is $2800.00.

      Mac clones could potentially change the balance here by selling more machines that can be upgraded, but I wouldn't bet on it. Until people have a reason (ie. games) they still probably wouldn't buy new graphics cards.

    11. Re:Apple demands? by GuyverDH · · Score: 0, Flamebait

      If you bought an Apple product, you're still part of the proverbial "unwashed masses"...
      Sorry to break the news to you... =)

      --
      Who is general failure, and why is he reading my hard drive?
    12. Re:Apple demands? by just_forget_it · · Score: 1

      Apple justifies all their performance shortcomings with "it's the THINNEST/SMALLEST Mac yet!" Yeah, I love having to sacrifice performance and speed so my 1" thick laptop can be 1/4" thinner.

    13. Re:Apple demands? by NulDevice · · Score: 1

      No, I'm not. I'm part of the *washed* masses. Which is *entirely different.*

      It's like saying a midget is one of the tall people just because he owns a basketball.

      --

      ----
      "I used to listen to Null Device before they sold out."

    14. Re:Apple demands? by Anonymous Coward · · Score: 0

      Dude, build your own and quit whining about your lack of options. The hackintosh community is alive and well, NO THANKS TO PSYSTAR.

      Not defending the ethics of the hacking community, but PsyStar was taking from both the hacking community and Apple without really providing much benefit to anyone except themselves.

      Apple pretty much tolerated the hackintosh community in an ignore them as long as they don't get too big kind of way, but if cloners come out in droves then Apple might find ways to make life difficult for the hacking community by locking down MacOS X even harder.

      Proud and cowardly owner of 2 hackintosh boxes, a 24" Al iMac, Powermac G5 and other assorted Apple products.

    15. Re:Apple demands? by kestasjk · · Score: 1

      But then it'd be too easy to compare side-by-side to offerings from other companies. :-(

      --
      // MD_Update(&m,buf,j);
    16. Re:Apple demands? by ThousandStars · · Score: 1
      You have no fuckin' idea how much people loathe all-in-one computers.

      And you do, but have no citations to demonstrate it. Strange, that.

    17. Re:Apple demands? by multipartmixed · · Score: 1

      I love all-in-one computers.

      They either work or they don't.

      I personally loathe having to MAKE things work. It irritates me, I have better things to do with my life than to relive the hell that was my university-era life, where fixing PCs was my way of paying the bills.

      My mac mini is great. I took it out of the box, plugged it in, and turned it on. Other than setting up system prefs on the first day, and clicking "Sure, go ahead, run the update", I haven't done _anything_ to it from a maintenance point of view.

      Now, my Windows laptop on the other hand.... don't get me started.

      --

      Do daemons dream of electric sleep()?
    18. Re:Apple demands? by Anonymous Coward · · Score: 0

      Lemme see:

      Mac mini: in use as a dick around media station, sits between my TV and my consoles.

      iMac: the pc I managed to get my parents on, and aunts, uncles, and assorted friends. Plenty of power for web, e-mail, photo's, and videos. Bonus, no more phone calls for me.

      Mac Pro: faithful desktop, upgraded the graphics card, dual 24" monitors, enough power to compile and play WoW at 90 fps at the same time.

      I do agree however that Apple lacks the Mac X, the headless desktop with interchangable graphics card. If they had that one, I could finally switch the last holdouts among my friends and be finally free from Windows related questions ;)

    19. Re:Apple demands? by freedom_surfer · · Score: 1

      Well I can tell you that I have put of buying a Mini twice now because of its crappy GPU. I'm not asking for a top of the line GPU, even a low end nvidia/ati would be better than the crap it has now. How about maybe a mini with the OPTION of adding non-crappy GPU? I'd pay an extra $100 bux for that...

    20. Re:Apple demands? by anup_at_mac · · Score: 2, Informative

      The only people who buy Apple anything are the unwashed me-too masses...

      I hate to break your bubble. Of late, have you been to an engineering graduate school in pretty much any university (worth its name) and looked around for Macs? I was in (engineering) grad school from 2001 to 2005 (was doing my MS/PhD) and saw an exponential increase in the number of Macs over that period, both among students and faculty. Certainly, these are not dumb twits who buy a Mac because it is "ooh-so-shiny". One of the biggest reasons was Apple's switch to OS-X.
      Just something to dwell on.

    21. Re:Apple demands? by Anonymous Coward · · Score: 0

      Really? You know what I and others want? I'd like a small form factor OSX that can play last years games on the monitor of my choice? Explain how I do that on a Dell? Aside from the obvious building your own Hack-a-Mac...I mean legally...so you can declare someone wrong...but reality might disagree with you...I'm just happy to hear I'm not the only one disappointed the Mini hasnt' been fixed yet. (Remember it USED to have a decent low end NVidia card before they switched it to Intel)

    22. Re:Apple demands? by ari_j · · Score: 1

      You can't demand a headless computer and bitch about the GPU in the next sentence. You just can't. Your complaint about the drive may be valid, but it was Apple's choice to make it small as a compromise in favor of aesthetics. There definitely ought to be something in between the Mini and the Pro, in my opinion, but I don't make the decisions.

    23. Re:Apple demands? by drsmithy · · Score: 1

      Mac Pro: are you fucking insane? I don't need that much power (and even the GPU options for that one are ridiculous).
      Make the Mac mini taller/bigger, put a 3.5" drive and a half-decent GPU in it (the ability to run Starcraft II and Diablo III at medium settings) and it WILL sell. A lot. You have no fuckin' idea how much people loathe all-in-one computers.

      Congratulations, you've just identified why Apple don't do it.

      A "Mac Pro Mini", as I like to call it, would indeed sell well - and take most of those sales away from the higher margin Mac Pro.

    24. Re:Apple demands? by radish · · Score: 2, Insightful

      Apple isn't in business to make computers that are unprofitable.

      Interestingly, neither are Dell or Lenovo.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    25. Re:Apple demands? by prockcore · · Score: 1

      the funny part is that the very expensive macbook air takes up a lot more deskspace than my cheapy 12" ibook.

    26. Re:Apple demands? by tfoss · · Score: 1

      You have no fuckin' idea how much people loathe all-in-one computers.

      I know, that's why people pretty much never buy iMacs or laptops.

      -Ted

      --
      -=-=- Quantum physics - the dreams stuff are made of.
    27. Re:Apple demands? by GuyverDH · · Score: 1

      Sorry to burst your bubble, but school isn't the real world...

      Try convincing corporate management to use a Mac for anything but a marketing group, and you'll be laughed out of their office...

      If they'd modify MacOS to run on a wider hardware base, they might be able to gain credibility. Unfortunately for Apple (well, I don't think it's unfortunate, I think it's what they deserve), corporate America doesn't want to be locked into any one vendor for hardware. That would be why they run open systems, with relatively open operating systems.

      Windows (yech - but it's fairly well entrenched)
      Linux (gaining ground, but imo, not what it could have been from what I saw years ago)
      Solaris (by re-introducing Solaris x86) on commodity hardware from many vendors - definitely gaining ground.

      --
      Who is general failure, and why is he reading my hard drive?
    28. Re:Apple demands? by Anonymous Coward · · Score: 0

      You "and others" are a niche market within a niche market. The fact that the replacement of the nVidia card hasn't affect sales should tell you that much.

    29. Re:Apple demands? by Anonymous Coward · · Score: 1, Insightful

      Yes, I'm sure that Steve Jobs loses sleep every night over the "thousands of [you]" whose sales he's missing, but I imagine the piles of money from the *millions* of Macs they're selling every quarter comforts him somewhat.

      Don't get me wrong, I'd love to see the mythical midrange xMac as much as any other geek, but the reality is that the business case doesn't fit very well into Apple's existing strategies. They are first and foremost a consumer company. And consumer means mass market, not geek-niche that wants to run a moderately priced widely upgradable dual-head machine.

      Apple's has pegged their market very well - they know that laptops are by and large the place to be, and they don't bother with the low end or low margin products at all. That success in market segmentation has shown up in their financial results.

      So as much as you might want a midrange headless desktop and think it makes sense for technical reasons, the business case is harder to make. While there may be strong support for such a machine in the online geek communities, that represents a very small portion of Apple's market overall, especially when you consider that the upgradable nature of the machine in question would keep Apple's margins quite low (if they price it where people expect, nobody will upgrade to the higher margin parts since they can do it themselves, and if they start it at a high price to make up for it, people won't see much difference between that and a low end Mac Pro).

    30. Re:Apple demands? by Swampash · · Score: 2, Funny

      Mac Pro: are you fucking insane? I don't need that much power

      Please hand in your Man Card at the door on the way out.

    31. Re:Apple demands? by Anonymous Coward · · Score: 0

      Yes, I'm certain Apple would be wise to follow your advise to the letter. They're obviously losing money and facing utter doom due to the failings and boneheaded mistakes you're so brilliantly outlined.

      Oh, and just so you know; you accidently substituted, "... thousands of us that demand..." for "... a bunch of us disgruntled Dell users would like..."

    32. Re:Apple demands? by Anonymous Coward · · Score: 0

      I have both a MacBook Pro 15" and an iMac 24" and I don't loathe either one of them.

      The iMac is great because it takes so little space and looks great. The only thing lacking, as you mentioned, is the video, but since I don't play that many 3D games it doesn't make much difference to me.

      For everything else, the memory, hard drive (500GB), processor speed, DVD writer, etc. is exactly what I would put into a "mini tower" if they had one. If I need more HD space I can get an external drive (or even better, Time Capsule).

      There are many, many people who LOVE the all-in-one designs for these reasons. Don't diss them just because they are not right for you.

      I agree though that there is a market for such a headless Mac unit, and I would even consider getting one to replace my iMac if they come out with improved Cinema Displays to go with them. For now though, I am happy.

      And my MacBook Pro is just great for taking on the road for my business trips. Love it. My clients and colleagues that I visit are always shocked that I have a Mac, since we develop and sell Windows-based software. Gotta love VMWare with XP!

    33. Re:Apple demands? by Anonymous Coward · · Score: 0

      Unfortunately the same thousands who make this demand also want this computer to be very customizable and to cost under $500 because that's what Dell is selling.

      Says who? The uniprocessor G4 towers did just fine, and all we ask for is an upgrade path for using two internal hard drives and at least the possibility of upgrading the GPU, even if it has to be one of a few units vetted by Apple themselves.

      I'd pay $1200 tomorrow for such a machine.

    34. Re:Apple demands? by Anonymous Coward · · Score: 0

      Ok, how about the thousands of us who demand a headless, non-pro, non-laptop computer, with actual desktop/decent parts in it?

      Mac mini: piss-poor GPU and low-capacity/slow LAPTOP 2.5" drive in a DESKTOP computer?

      Any computer of that form-factor is going to be using a laptop drive.

      iMac: fuckin' all-in-one computer with stupid glossy screens and low quality LCDs with not even average GPU choices.

      Sounds much like a laptop. People buy such computers because they "just work".

      Mac Pro: are you fucking insane? I don't need that much power (and even the GPU options for that one are ridiculous).

      It's for the real "hard core" that user that has a Mac to make a living (usually creative types working animation and video). They don't need a gamer's idea of a GPU.

      Make the Mac mini taller/bigger, put a 3.5" drive and a half-decent GPU in it (the ability to run Starcraft II and Diablo III at medium settings) and it WILL sell. A lot. You have no fuckin' idea how much people loathe all-in-one computers.

      No the don't. They're buying them like crazy because you just plug it in and don't have to much around with a bunch of cables. You must not know how much people loath cables, or only hang around gamers.

    35. Re:Apple demands? by kklein · · Score: 1

      I finally bit the bullet and bought the cheapest Mac Pro they make (the quad core). It is an awesome machine, but way more than I really needed. On the plus side, however, I won't be replacing it anytime soon. It replaced a perfectly-good, 2-year old AMD-based Windows machine. I just wanted to be on the Mac full-time, after buying a MacBook mostly out of curiosity, expecting to boot it to Windows mostly--and finding that I never needed to, and rather than replace my PC's guts with an Intel option (costing around $1k when all was said and done) to see about going with a Hackintosh (which sounds fun), I decided to just shell out the dough for one I knew would work. I didn't see the point in spending any extra money for a system that would probably work.

      As I was fussing about this very issue (the lack of a "prosumer" product), an animation person online put it to me this way, and I think she's right:

      Apple's longtime and long-term user base has always been graphics pros. If they offered a "prosumer" tower, that would eat significantly into the Mac Pro market. Sales of those high end, monster systems would no longer be profitable, and they may have to be discontinued. This would kill their dominance in the super-high-end graphics workstation market. So they offer a few lower-end workstations based on the same hardware and force the prosumer people to choose: iMac (toy) or Mac Pro (pro). It's not that they don't think they could sell a machine in the middle. It's that they would sell so many of them that they wouldn't be able to make money at the high end anymore.

      I have to say, however, that even though I had to cover my eyes as I clicked "submit" on that order, I have loved this machine. It is pretty quiet (but not as quiet as my old PC--but I'd spent a lot of time and money absolutely silencing it), easy to open/work on, easy to find parts for, and pretty damned easy on the eyes. It does, however, weigh about 4000 pounds, something I'm not looking forward to dealing with when I move back to the US here in a year or so.

      Anyway, the point of the story is that you are far from alone in your desire for a product as you describe. It's just that Apple has some pretty logical reasons to avoid offering it.

      If the market share continues to rise, and it might--I know a lot of people who have gotten off of Windows in the last year, and most went to the Mac--then I would imagine they would feel safe putting something in the middle. Right now, though, it could be disastrous to their lifeblood demographic.

    36. Re:Apple demands? by jmorris42 · · Score: 1

      > ..would indeed sell well - and take most of those sales away
      > from the higher margin Mac Pro.

      Possibly, and that point is important if you work for Apple or own their stock. But for everyone else the takeaway point is that you, an Apple zealot, admit that most most people would be happy with a machine between the mini and pro and those customers either bend over and take it in the pooper because they drank Steve's Kool-Aid and believe they just have to have a Mac even if the only choice is several times as expensive as what they need.... or they become Dell's customer instead.

      --
      Democrat delenda est
    37. Re:Apple demands? by anaesthetica · · Score: 2, Interesting

      Dell and Lenovo make profit from small margins but high volume. Apple does the opposite.

    38. Re:Apple demands? by SoupIsGoodFood_42 · · Score: 1

      I have an iMac. The LCD is not low quality and the GPU is fine unless you want to work with 3D stuff such as games or CAD, etc. As for people hating all-in-one computers, that's a new one to me. Plenty of geeks who design their own systems sure do hate them, but that's generally it.

    39. Re:Apple demands? by UnknowingFool · · Score: 1

      I would suspect that Dell and Lenovo lose money in this market and try to gain it in others. Apple could do that too but that would kinda be a waste of resources.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    40. Re:Apple demands? by Anonymous Coward · · Score: 0

      Geeks may but they are a tiny share of the market. The average user is perfectly happy with an all in one. My favorite machine is an all in one Mac and most of my systems are quad core PCs. I went for prebuilts after I got a Shuttle lemon in a box. I tried sending it back and they promptly returned it and effectively said Bite Me. tech support was unimpressed that it didn't boot up since it ran fine on their testers. After building eight of their systems my reaction was to never buy from them again and to go all top of the line name brand. Other than an XI Computers lemon I've been very happy. My second favorite is an Alienware system. Their tech support is some guy in India that has never seen a computer before but the machine runs like a champ and other than standard XP BS that causes headaches it's a great machine. The Mac is largely problem free.

    41. Re:Apple demands? by CountBrass · · Score: 1

      Hahahaha. First comment that made me laugh out loud today.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    42. Re:Apple demands? by CountBrass · · Score: 1

      You're original comment was that only the unwashed masses bought Apple products. Multiple people have demnstrated how wrong you are but instead of either apologising or quietly slinking away you try to change your argument: it's not the unwashed masses anymore, it's the non-corporates now. And we all know corporations have a history of buying intelligently. "Nobody every got sacked for buying IBM". You're an idiot.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    43. Re:Apple demands? by dwater · · Score: 1

      I don't think he meant 'headless' since that (traditionally) means 'without any GPU'...he really meant 'without a keyboard, video, and mouse (ie KVM)'.

      --
      Max.
    44. Re:Apple demands? by drsmithy · · Score: 1

      But for everyone else the takeaway point is that you, an Apple zealot, [...]

      You seem to have me (very) confused with someone else.

    45. Re:Apple demands? by mdwh2 · · Score: 1

      One of the biggest reasons was Apple's switch to OS-X. Just something to dwell on.

      Indeed, I think that proves that those of us who said Mac OS was awful were right all along, and they've only got somewhere now by switching to a new OS. But they'll never admit it - instead OS X is embraced as the new "Mac OS". Compare with Microsoft, imagine if they had to ditch Windows and switched to a UNIX OS? They'd be a laughing stock, at least here anyway.

    46. Re:Apple demands? by mdwh2 · · Score: 1

      You can buy PCs with a monitor of your choice, and PC sellers offer far greater flexibility than Macs. I'm not saying that matters, but you can't say that Macs have greater flexibility here.

      If you're insisting on OS X, well okay, I insist on a machine running AmigaOS, therefore Amigas are the best. Obviously if you limit yourself to one operating system, your choices are limited.

    47. Re:Apple demands? by mdwh2 · · Score: 1

      My mac mini is great. I took it out of the box, plugged it in, and turned it on. Other than setting up system prefs on the first day, and clicking "Sure, go ahead, run the update", I haven't done _anything_ to it from a maintenance point of view.

      Just how every other computer I've used (Windows included) has worked.

    48. Re:Apple demands? by mdwh2 · · Score: 1

      Mac mini: in use as a dick around media station, sits between my TV and my consoles.

      A laptop would do the same thing, be smaller and more portable.

      iMac: the pc I managed to get my parents on, and aunts, uncles, and assorted friends. Plenty of power for web, e-mail, photo's, and videos. Bonus, no more phone calls for me.

      Why would you get phone calls? When helping my parents get their first computers, I resisted people saying that they should spend several hundred pounds more to run a niche platform because it would somehow mean less phone calls. In over a year on Windows, I haven't had any phone calls from them (and yes, the computer is still running fine). With a Mac, they'd be complaining that they couldn't run the software they wanted to run. There's nothing wrong with a niche platform, I've used and loved them myself, but I wouldn't want to force an ordinary computer user onto them.

      enough power to compile and play WoW at 90 fps at the same time.

      Shocking - running more than one app once. Welcome to the 1980s.

    49. Re:Apple demands? by Anonymous Coward · · Score: 0

      Make the Mac mini taller/bigger, put a 3.5" drive and a half-decent GPU in it (the ability to run Starcraft II and Diablo III at medium settings) and it WILL sell. A lot. You have no fuckin' idea how much people loathe all-in-one computers.

      They already made the Cube.

    50. Re:Apple demands? by ari_j · · Score: 1

      That'd still be headless. Maybe he and you both meant "without integrated video."

    51. Re:Apple demands? by radish · · Score: 1

      I don't really think there's much to be gained in running loss leaders in the PC market. It's not like discount groceries where you're trying to get people into your store and hoping they'll buy more while they're there. I'm sure Dell's margins are razor thin on most low end products, but I'd be surprised if they regularly actually took a loss on a sale - there's just no reason for them to do so.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    52. Re:Apple demands? by dwater · · Score: 1

      No, headless means (to me, at least) no graphics at all - all interaction is done using a terminal connected to the serial port or over the network.

      I think he meant with just no KVM - that's how the mac mini comes after all (I have the original PPC version - it's pretty crap, noticably slower in many ways than my old TiBook, which is slower on paper).

      I guess some people might consider that 'headless' but it's not to me (I've been in the computer graphics world for about 20 years now).

      --
      Max.
    53. Re:Apple demands? by Anonymous Coward · · Score: 0

      How is the GPU tied to a built-in LCD display? Are you just ignorant or simply a complete idiot?

    54. Re:Apple demands? by Yvan256 · · Score: 1

      I don't think it would be a "Mac Pro mini" if you go that route:

      - same built-in GPU as the iMacs (ATI/nVidia). Mac Pro has a slot for the video card.
      - 4GB maximum RAM, the Mac Pro goes up to 32GB.
      - keep the same Core 2 Duo CPU. The Mac Pro has quad-core Xeon(s).
      - one 3.5" hard drive, the Mac Pro can have four.

      Think "iMac specs" without the screen, not "smaller Mac Pro".

    55. Re:Apple demands? by GuyverDH · · Score: 1

      I had a very long argument typed out in response to your personal attack.
      In the end, I decided against posting it.

      Why?

      Because when you argue with a moron, no one wins.

      --
      Who is general failure, and why is he reading my hard drive?
    56. Re:Apple demands? by anup_at_mac · · Score: 0

      Sorry to burst your bubble, but school isn't the real world...

      You forget the fact that these students enter the corporate world in a few years. By "school", I assume you meant university/grad-school.

      I still stand by the statement I made in my earlier comment that switching to an unix-based OS (OS-X) was a game changing event for Apple (even more than their switch to Intel).

    57. Re:Apple demands? by UnknowingFool · · Score: 1

      Probably true that they doesn't lose money all the time. However when they run specials and deals, I can't see how they can make much.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    58. Re:Apple demands? by UnknowingFool · · Score: 1

      Many in the science industry work with Macs. Many in computer security work with Macs. They offer the stability of Unix and a nice GUI. The reason these people buy Macs instead of buying commodity hardware and installing BSD, Solaris, Linux, etc is that they don't want to. These people have the expertise but if they're like me (I've installed Unix, Linux, Windows, systems), they just don't want to deal with more complications than they have to.

      Now, it hasn't made a dent in corporations as much. Pricing and customization are major factors neither of which are Apple's advantages. I would say that Apple right now isn't ready to deal with the complications of corporate support as well. They do have some corporate customers but not many.

      Businessweek however has started to see a rising trend where companies are starting to adopt more Macs at the request of their employees and other factors. MS has really helped Apple with Vista as companies upgrading to Vista might find they need to upgrade hardware as well. With Apple running virtualization software, companies who buy Macs don't have to fully transition to OS X right away.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    59. Re:Apple demands? by Cloud+K · · Score: 1

      Cheapy *and* better specced.

      I don't normally agree with the "fashion over performance at all costs" stereotype, as a Mac owner myself, but Apple really lived up to it with that one. I can't see why anyone would want a Macbook Air, for any reason other than fashion / showing off.

    60. Re:Apple demands? by ari_j · · Score: 1

      That was my point. Why am I, according to an AC below, ignorant or a complete idiot for thinking that it is nonsensical to ask for a headless machine with a better GPU, as the OP did? I don't feel I am. I feel that it's ignorant or completely idiotic to want a headless machine with a good GPU. I was suggesting the lack of integrated video (which I meant to refer to the display but posted in a haze so I apologize to all for the lack of clarity) as the definition the OP was using because I can't think of another way to interpret his use of "headless" that doesn't make him sound like a moron.

    61. Re:Apple demands? by ari_j · · Score: 1

      What purpose does the GPU serve on a headless machine? You shouldn't call people names like that - it makes the other AC's look stupid by association.

    62. Re:Apple demands? by dwater · · Score: 1

      I'm a little confused by what you say.

      I don't see a problem with wanting a computer to be supplied without KVM and yet with good GPU.

      My reason would be that I already have a KVM that suits my needs just fine so I have no need of any KVM that might be supplied with a computer. It's certainly not nonsense.

      "(which I meant to refer to the display but posted in a haze so I apologize to all for the lack of clarity)"

      Hrm...reading this again, I see you mean an integrated monitor, ala Commodore Pet (and iMac/eMac too). That's not what I thought of as 'headless'.

      Anyway....I don't see a problem with wanting an Apple computer with fast GPU but without monitor (integrated or not).

      --
      Max.
    63. Re:Apple demands? by ari_j · · Score: 1

      An integrated monitor is also not what I consider "headless." I consider a machine headless if it is used without a monitor, etc. Therefore, a headless machine's GPU is irrelevant. The OP asked for a headless Mac with a better GPU. That sparked the confusion, which I later attributed to the possibility that he meant "headless" in a way different than I did, that is, he meant it to mean a machine without an integrated monitor.

      I don't know where your confusion is still coming from. I was initially questioning the OP's motives in wanting a headless machine with a better GPU and, later, his definition of what it means for a machine to be headless. And now you seem to think that I have adopted the latter definition of headless, whereas in reality I was simply suggesting the possibility that the OP meant to use the word that way, which I believe is an incorrect use of the term. I also have no problem with wanting a computer to be supplied with a good GPU but without a monitor. However, I would not call that a headless machine.

      Are you clear yet? I really don't know how to say this any more obviously.

    64. Re:Apple demands? by dwater · · Score: 1

      It seems we kind of agree, actually :)

      I guess a lot would become clearer if the OP would actually state what he means by headless. I wonder if he did and I missed it somewhere (it's easy to get lost in the replies, I find).

      "I was initially questioning the OP's motives in wanting a headless machine with a better GPU"

      Right, that is clear. You said it was nonsensical or something, no? The meaning of that almost entirely depends on what you mean by 'headless'.

      "I consider a machine headless if it is used without a monitor, etc."

      Ah, so that's a new definition to me; and using that definition, it would be reasonable to question their desire for a GPU of any kind.

      However, there could still be value in having a GPU even when you don't *ever* attach a monitor to it :

      http://www.sgi.com/products/software/vizserver/

      This product uses the graphics pipe purely to accelerate rendering. It reads the framebuffer back (or uses h/w feedback into a PCI card which is much quicker) into the host and sends it onto client machines elsewhere on the network. It can have many clients.

      Of course, VizServer is/was an IRIX product, so could/should be considered defunct. However, you can see other such uses, or potential for them at least. Niche, for sure, and probably not what the OP was talking about, but perhaps interesting.

      I wonder what the OP did mean....? Will we ever know (or care, particularly) :)

      --
      Max.
    65. Re:Apple demands? by ari_j · · Score: 1

      I think we agreed from the start. And yeah, an SGI machine's GPU is actually a graphics processing unit, not just a chip on a video card, so that's different. Most of this thread has been me trying to guess what the OP meant by "headless" (my conclusion was that he means a machine without a built-in monitor, given the models of Macs that he was discussing) and other people thinking that I was adopting his definition as my own.

      What is your must succinct definition of 'headless', anyhow? Mine is just "a machine that is always or virtually always (allowing for installing an OS from the local console) operated without a keyboard and monitor."

    66. Re:Apple demands? by dwater · · Score: 1

      I don't think sgi machines are that different actually. They might differ in scale depending on the model. In fact, sgi even made a graphics card for PCs. But that's not important.

      To me, 'headless' means 'no graphics card'. Such a machine can only be operated using a serial port or over the network. If it has a graphics card, even if it isn't used, then it has a 'head' ... IMO it's nothing to do with how it's used. However, I consider this to be a finer point.

      --
      Max.
    67. Re:Apple demands? by ari_j · · Score: 1

      I can go along with your definition. I just leave more room for wiggle. But that just means that your definition leaves even less of a reason for the OP to complain that Apple doesn't sell a headless machine with a better GPU, which is where this whole discussion began. :)

    68. Re:Apple demands? by IntergalacticWalrus · · Score: 1

      I don't think so. Keep in mind that Apple's laptops sell way more than their desktops.

      I bet that quite a lot of people buy the MacBook Pro because they want a good desktop Mac, but their only real options are either crap (Mac mini, iMac) or overkill (Mac Pro), so they are forced to look the laptop way instead.

      As it stands right now, the MacBook Pro is the only high-end consumer Mac.

  15. End of a Story by lord_rob+the+only+on · · Score: 3, Insightful

    If Psystar were rich enough, they could win their case against Apple and we could see Mac clones on the market like we saw IBM PC clones in the 80's. But still, what would be the point in having Mac clones ? We'd start to see an OS (Mac OS) that crashes all the time because the hardware is "not supported officially". So we would be forced to install an alternative OS on the machine, like Linux or BSD. Ok it could work great but it works as great on PCs.

    Really I'm not trying to troll/start a flamewar, I'm just wondering.

    1. Re:End of a Story by bigstrat2003 · · Score: 1, Insightful

      And yet, Linux and BSD run great on a wide variety of hardware. If Mac OS couldn't, that just proves either a) they have some talentless hacks for programmers, or b) they're deliberately making it run badly on non-Apple hardware, which they probably couldn't do if they lost this suit.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    2. Re:End of a Story by LMacG · · Score: 1

      There were Mac clones. Then Jobs came back to Apple and killed them off. I don't think they got any significant market share at the time.

      --
      Slightly disreputable, albeit gregarious
    3. Re:End of a Story by Henry+V+.009 · · Score: 1

      I wonder if one of Apple's competitors won't pick up their legal fees.

    4. Re:End of a Story by UnknowingFool · · Score: 1

      Define "great". I would say that Linux and BSD are very stable on a variety of platforms; however, Windows has runs more applications and games. Not well, but it does run them. Also while BSD and Linux, interfaces have improved over the last 10 years, they still have some work left. To me it seems that, OS X is somewhere in between these two. It is more stable than Windows and more user friendly than Linux and BSD.

      OS X is based on Darwin and both only run on Intel and PPC platforms. As for OS X itself, Apple doesn't want the mess that Windows finds itself: Having to support the endless combinations of hardware. While Linux and BSD can run on multiple platforms, it's only as good as the community support. Are they compatible with SomeNewMotherboard that was just released last week? Well, that new motherboard used MegaCorp's Ethernet 3000 chip doesn't have a Linux driver yet. MegaCorp hasn't released specifications of the chip that would allow someone to write one. I guess someone will have to reverse engineer a driver so you'll have to wait 6 months to use it. Oh, but they released a Windows driver. Their Windows driver crashes all the time but there is one. Stuck between a rock and a hard place.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:End of a Story by smclean · · Score: 1

      Without the DMCA, would it be possible to reverse engineer the Apple components of Intel Macs like was done with the proprietary BIOS of the original x86, leading to the first x86 clones? Or does the shrink-wrap licensing on OS X make specific claims that the MS DOS license did not make that would make this impossible?

      --

      "'Yrch!' said Legolas, falling into his own tongue."

    6. Re:End of a Story by Anonymous Coward · · Score: 0

      Don't Mac's use commodity hardware now? Running something like Linux or BSD on a "PC" (such a meaningless term) or a Mac means exactly the same thing.

    7. Re:End of a Story by jimicus · · Score: 1

      And yet, Linux and BSD run great on a wide variety of hardware. If Mac OS couldn't, that just proves either a) they have some talentless hacks for programmers, or b) they're deliberately making it run badly on non-Apple hardware, which they probably couldn't do if they lost this suit.

      Linux and BSD run great on a wide variety of hardware because the people with the power to make it happen want it to. They therefore write and optimise drivers for a wide range of hardware.

      Apple are the only company with the power to make it happen with OSX and they have no desire to. They therefore write and optimise drivers for a much smaller range of hardware.

      No drivers, and I guarantee any OS will run like a dog if it runs at all.

    8. Re:End of a Story by Anonymous Coward · · Score: 0

      or c. Apple wishes to control what hardware their OS is used on in order for things like drivers and updates to simply work on every machine. No fiddling with drivers like on Windows. No building your own apps/drivers from scratch in linux.

    9. Re:End of a Story by Tangent128 · · Score: 1

      Or c) they just don't want to bother making drivers for other vendors' hardware.

    10. Re:End of a Story by bigstrat2003 · · Score: 2, Insightful

      That's why they don't want other people to run OS X (or one of the reasons, anyway). We're talking about if they had to let other people run OS X on non-Apple machines, what the outcome would be.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    11. Re:End of a Story by Tangent128 · · Score: 1

      Even if they had to let people run it on any system they want (which seems fair), I doubt they're required to provide drivers.

      Ruling that the EULA has no weight is not the same as forcing Apple to support a competitor's hardware.

    12. Re:End of a Story by Anonymous Coward · · Score: 0

      You mean like I was forced to install Linux on my macbook pro?

    13. Re:End of a Story by CountBrass · · Score: 1

      No. If Psystar were rich enough they'd just have to hand over even more cash to Apple. As it is they're a couple of chancers, who've lied to their customers about their experience (see their web site) and have tried to make money by breaching Apple's copyright. They're a pair of dishonest shysters selling other people's work and deserve to get the financial hiding they're in for.

      --
      Bad analogies are like waxing a monkey with a rainbow.
  16. Re:Apple particularly doesn't like things like thi by SanityInAnarchy · · Score: 5, Insightful

    Has the price changed that much? Last I looked, Apple was actually competitive (within $100, sometimes cheaper) with commodity hardware. The only difference is, you can't get a Mac without the bells and whistles.

    In other words, you get exactly what you pay for, which includes $1k of hardware you don't actually need.

    --
    Don't thank God, thank a doctor!
  17. Begun it has... by Ngarrang · · Score: 3, Interesting

    ...the clone war.

    What are the odds of people actually returning their much-less-costly Mac clone?

    --
    Bearded Dragon
    1. Re:Begun it has... by Tubal-Cain · · Score: 1

      If I had one, they (apple) would need to compensate me very well for me to give it up.

    2. Re:Begun it has... by Anonymous Coward · · Score: 0

      What are the odds of people actually returning their much-less-costly Mac clone?

      Probably reasonably high once they're sure that they won't get any software updates.

  18. I love my Mac Pro by Anonymous Coward · · Score: 0

    It's so hard, and metal, and full of POWER! It even keeps me warm at night.

    There is something pretty amusing about setting up distributed.net on and ending up in the top 100 participants immediately.

    1. Re:I love my Mac Pro by Anonymous Coward · · Score: 0

      It's pretty much like buying a new sports car and then driving it around town at 35 mph.

      Benchmark-wise the extra power and extra expense is a complete waste for home use. Though it would make a good 3-D rendering workstation. Well, actually the FB-DIMMs are slow for desktop use and designed for servers, which doesn't really fit with it's nice looks.

  19. Re:Apple particularly doesn't like things like thi by f8l_0e · · Score: 5, Informative

    That's not accurate. OSX does not use the TPM chip for hardware authentication. The reason OSX does not run without modification is that it requires EFI firmware instead of BIOS. Pystar uses an open source EFI emulator to boot.

  20. Yup, they're taking the money & running... by BUL2294 · · Score: 4, Insightful

    Looks like I was right in my comments from yesterday--but I never figured they would fall apart so quickly! Build a product that might infringe but would definitely piss someone off, make & deliver a bunch of orders, pay bonuses, declare bankruptcy (how long until Psystar does this???), and disappear... Take the money & run. The funny thing is that if they fulfilled their orders, they might be in the clear from criminal prosecution and their customers are the ones that got exactly what they paid for (sans warranty once they file for bankruptcy)... Excluding the execs, who might be sitting on a beach somewhere, everybody loses--including Apple.

    --
    Windows 3.1x calc: 3.11 - 3.10 = 0.00
    1. Re:Yup, they're taking the money & running... by theblondebrunette · · Score: 0

      Why would Apple loose? If I bought one of these and got shafted, I'd just go and buy an original Apple. Maybe I'd be able to afford less, but I'd still buy an Apple.. Recently, I found a bike on the street with a sign free.. I took it and was thinking to fix it.. It turned out it was going to be too much trouble and expense, so I went and bought a new one from a local bike shop, a relatively inexpensive quality bike, but more expensive than what Walmart sells. The people who bought the psystart are determined to get an Apple machine, so they'll get one.

    2. Re:Yup, they're taking the money & running... by PJ1216 · · Score: 0, Flamebait

      If I bought one of these and Apple caused it to become a huge paperweight, why would I then go buy a computer from them?

    3. Re:Yup, they're taking the money & running... by theblondebrunette · · Score: 0

      I'm no fan of Apple myself, mod me down as much as you like, but there's certainly those people who would go and buy the real stuff once they've tried the imitation.

    4. Re:Yup, they're taking the money & running... by Cormophyte · · Score: 1

      You might not, but you wouldn't have done your homework, and it would be your fault.

      Besides, and this is my own assumption, but I'm thinking that most people who lack the basic legal knowledge to understand that the Psystars weren't exactly on the up-and-up, would probably be heading down to Wal-Mart to pick up a Whatevertheysellatwalmart 3000 Plus and a joystick rather than one of those uppity Macs.

      Anyway, if you have a Psystar the only downside is that you can't get updates. I could take my Mac Pro and never update it and use it just fine for years and years and years. There may be some security patches I might really want somewhere along the line, but people running Mac OS 10.4.0 isn't exactly a honeypot waiting to be hijacked.

    5. Re:Yup, they're taking the money & running... by rizzo320 · · Score: 1

      If I bought one of these and Apple caused it to become a huge paperweight, why would I then go buy a computer from them?

      If you bought one of these, you already didn't buy a computer from them, so what would make Apple think you would want to buy one from them afterwards?

    6. Re:Yup, they're taking the money & running... by CountBrass · · Score: 1

      Yes except that bankruptcy and having a limited company (assuming they've set one up: wouldn't surprise me if they were stupid enough not to) doesn't completely shield the directors from liability.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    7. Re:Yup, they're taking the money & running... by PJ1216 · · Score: 1

      I don't recall saying Apple would think I would want to. I was responding to someone who said that Apple wouldn't lose out because everyone who got shafted would go out and buy one from Apple instead. Thanks for agreeing with me though. I, too, don't know why anyone would think one would buy from Apple after that either.

    8. Re:Yup, they're taking the money & running... by rizzo320 · · Score: 1

      My point was that there is a very good likelihood that if you are buying a Psystar computer, then for whatever reason you've made a choice not to be an Apple customer. Whether it's because you feel they don't make hardware that suits you, you don't like Steve Jobs, you don't like the pricing on Apple products, or for whatever reason, you've made a choice not to be an Apple customer. So at that point, I don't think Apple is worried about making a future sale by taking away your Psystar computer. It's very unlikely they would ever buy a real Apple product if they've decided to buy an unsupported "cloned" version of the original that may or may not work right.

      I think we're agreeing and disagreeing with each other at the same time. If that makes any sense...

  21. into a different game... Re:IBM PC by damn_registrars · · Score: 3, Informative

    If you look around next time your out shopping, you'll see (part of) how IBM is doing so well. They got back into the BM (no, not bowel movement) part of IBM. A very significant portion of all point of sale terminals (amongst other things) are made by IBM. Whether or not Apple could pull the same move is hard to say.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  22. website works just fine .. by Anonymous Coward · · Score: 0

    dont know what this hullaboo is all bout but was able to reach the psystar website just fine ..

  23. There is no TPM. by danaris · · Score: 5, Informative

    Cribbed shamelessly from an Ars Technica discussion on the same issue:

    "TPM DRM" In Mac OS X: A Myth That Won't Die

    Amit Singh

    http://www.osxbook.com/book/bo...chapter7/tpmdrmmyth/

    Beating a Dead Horse

    "In October 2006, I wrote about the TPM and its "use" in Mac OS X. Since Apple provided no software or firmware drivers for the TPM ...

    "Apple's TPM Keys"

    "The media has been discussing "Apple's use of TPM" for a long time now. There have been numerous reports of system attackers bypassing "Apple's TPM protection" and finding "Apple's TPM keys." Nevertheless, it is important to note that Apple does not use the TPM."

    In short, while there was a TPM chip in some of the early shipping Intel systems, there were no drivers for it, and Apple did not use it. Current shipping Macintel systems don't even have the TPM chip, so there's no possible way for them to use one.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
    1. Re:There is no TPM. by danaris · · Score: 1

      ...And now that I've turned my brain on, I realize that I b0rked the link.

      Let's try that again, shall we?

      http://www.osxbook.com/book/bonus/chapter7/tpmdrmmyth/

      Dan Aris

      --
      Fun. Free. Online. RPG. BattleMaster.
    2. Re:There is no TPM. by base3 · · Score: 1

      Good information, thanks--looks like they stayed with encrypted binaries rather than the TPM so they would not be perceived as supporting DRM more than they already do (cough, iTunes, cough). Or maybe they wanted to avoid infringing Lucky Green's patent :).

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  24. Re:Apple particularly doesn't like things like thi by k2enemy · · Score: 1

    because it exposes the fact that today's Mac desktops are just commodity hardware with an extra $1,000 charge for an OS X dongle (TPM).

    Are you sure about that?

  25. Dear President Medvedev by Anonymous Coward · · Score: 0

    Please provide Russian funding and Mig-29 (world's most
    agile plane ) technology for Psystar.

    Patriotically,
    Kilgore Trout

  26. Let's be honest here by Yvan256 · · Score: 3, Insightful

    Who here would expect Nintendo, Sony or Microsoft to NOT do anything if a competitor suddenly started to sell compatible systems or even just emulators for their own systems?

    Remember that Apple sells systems, not computers. This may be an alien concept to kids today, but at the beginning, all companies were selling computer+OS systems and they were all proprietary (Apple II, Mac, Atari ST, Amiga, CoCo2+OS9, C64+GeOS, etc).

    Also, don't be two-faced about this: you don't like it when companies don't follow GPL and other similar licenses, but when it's Apple or Microsoft, why wouldn't they be allowed to do the same?

    I hope there's one good thing to come out of this mess: Apple selling a headless, iMac-specs computer (i.e. ATI/nVidia GPU with a 3.5" desktop hard drive). Heck, why don't they just make a case for the actual iMac motherboard to lower R&D costs?

    1. Re:Let's be honest here by Chyeld · · Score: 1

      Microsoft is speficly disallowed to tie the sale of their OS to any other product, a result from their first anti-trust trial where they were getting in trouble for requiring people buy MS-DOS along with Windows.

      Apple's OS is even based on GPL'ed or BSD'ed code, so the idea that they have a right to disallow me to install it on anything other than their own blessed hardware is especially galling. And thus as an extension, the idea that they can prevent others from selling me hardware with legitimately purchased copies of their OS installed on it, is also galling.

      It'll be interesting to see where the law falls on this one. But as far as I'm concerned, Apple can suck one for this go around.

    2. Re:Let's be honest here by Jah-Wren+Ryel · · Score: 0, Redundant

      Who here would expect Nintendo, Sony or Microsoft to NOT do anything if a competitor suddenly started to sell compatible systems or even just emulators for their own systems?

      This is not a relativistic complaint - sure, they would probably all do it, and they would all be just as wrong deserving of scorn.

      Also, don't be two-faced about this: you don't like it when companies don't follow GPL and other similar licenses, but when it's Apple or Microsoft, why wouldn't they be allowed to do the same?

      You must not be gnu here. GNU and most other free software licenses turn the intent of copyright around - the intent of copyright is to restrict freedoms of the end user. The GPL is hack of copyright to make it do exactly the reverse - increase the freedom of the end user. There is no contradiction between supporting more freedom for the end user and bitching that apple is trying to restrict the freedoms of end users.

      Remember that Apple sells systems, not computers. This may be an alien concept to kids today, but at the beginning, all companies were selling computer+OS systems and they were all proprietary (Apple II, Mac, Atari ST, Amiga, CoCo2+OS9, C64+GeOS, etc).

      Your definition of 'at the beginning' is woefully short-sighted.

      --
      When information is power, privacy is freedom.
    3. Re:Let's be honest here by ratboy666 · · Score: 1

      Please continue the idea

      coco2 + os-9. But... os-9 was available separately, and could be run on any compatible system.

      apple ][. But... the firmware (it had no "OS") was not sold separately. Nothing prevented me from buying the Apple ][, removing the ROMs, and putting them into another system.

      etc. (I am not going to take EACH case apart, just enough for you to get the idea).

      OS X *is* available for purchase as a separate product. The case rests on (1) EULA, and (2) Copyright. EULA is quite weak here. Copyright is stronger (since a copy of the product must be made in order to use it). Sane copyright law mentions this case. From Canadian Copyright Law, which I am more familiar with:

      "
      3. (1) For the purposes of this Act, "copyright", in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right ...
      (h) in the case of a computer program that can be reproduced in the ordinary course of its use, other than by a reproduction during its execution in conjunction with a machine, device or computer, to rent out the computer program,
      "

      which means I cannot rent out the program, or reproduce it, but to copy it into RAM or hard disk for execution is allowed. Of course if you DON'T have such a clause, the simple copying of the program to facilitate its use may need to be authorized by the Copyright holder (Apple).

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    4. Re:Let's be honest here by sesshomaru · · Score: 1
      --
      "MIT betrayed all of its basic principles."
    5. Re:Let's be honest here by jandrese · · Score: 1

      Heck, what if you were in the car business and someone else made a car that could drive on the same roads as yours? (oh no, a car analogy!) Heck, I'm sure every first mover in every industry would just love to sue any upstarts out of business.

      --

      I read the internet for the articles.
    6. Re:Let's be honest here by Anonymous Coward · · Score: 0

      Who here would expect Nintendo, Sony or Microsoft to NOT do anything if a competitor suddenly started to sell compatible systems or even just emulators for their own systems?

      They lose money on every console they sell, I thing they would enjoy selling games without the harware

    7. Re:Let's be honest here by Yvan256 · · Score: 1

      Nintendo doesn't sell their consoles at a loss, they're not idiots.

    8. Re:Let's be honest here by mrsteveman1 · · Score: 1

      Apple is going to argue that the retail copies are upgrades that cannot be used without a full license, which only comes with their hardware.

    9. Re:Let's be honest here by kestasjk · · Score: 0

      Also, don't be two-faced about this: you don't like it when companies don't follow GPL and other similar licenses, but when it's Apple or Microsoft, why wouldn't they be allowed to do the same?

      This reduces consumer choice and competition, GPL does the opposite.

      Perhaps it is selfish/unfair/a double standard, but most of us are consumers and would rather Apple had to compete with Psystar by reducing prices like every other PC manufacturer.

      --
      // MD_Update(&m,buf,j);
    10. Re:Let's be honest here by dotBran · · Score: 1

      Heck, why don't they just make a case for the actual iMac motherboard to lower R&D costs?

      I hope that was sarcasm right there.

    11. Re:Let's be honest here by Cormophyte · · Score: 2, Insightful

      The code that falls under the GPL, Darwin, is available completely free through Apple's website and can be installed on whatever your heart desires. The problem is there's a lot of code in OS X that only ties into the BSD underpinnings which includes, among other things, the entire GUI. The thing that Apple did that you say galls you, making software that can only be run on your hardware, is exactly (really, exactly, I'm not exaggerating) the same as the software that runs the Wii.

      As someone above said, if someone started making boxes that could run Wii software Nintendo would, and should, come after them like the fist of an angry god.

      Also, Apple is not in the same business as Microsoft. They don't have the market control that Microsoft has, nor have they tried to restrict to make a profit at the expense of competition within a related-but-separate field of computer hardware the same way Microsoft did. When it comes to Apple they -are- the hardware, so they get to run their business the way they want.

      So, to sum up, I'm not trying to be a dick, I'm just saying, your GPL objections aren't actually based on the reality of the GPL'd software in use. And whether or not you like the idea, they're selling a full product, software and hardware, in a closed environment just like a console. Of course, if I wasn't a Mac user from way back and a bit of a geek I woudn't know this, so I honestly hope you reconsider your position.

    12. Re:Let's be honest here by Yvan256 · · Score: 1

      Why would it be sarcasm? A lot of people are simply asking for a more powerful Mac mini (better/real GPU, desktop 3.5" hard drive) so it would end up being a headless iMac, why not simply put the actual iMac motherboard in an external case?

      I haven't see recent pictures of the iMac motherboard, but surely it's not the size of the LCD screen.

    13. Re:Let's be honest here by Chyeld · · Score: 0

      Your response to my comment about GPLed and BSDed code shows that you didn't get the point I was making, which is that the spirit of releasing code under the GPL or BSD is to SHARE and encourage others to do so as well. Not, to take the fruits of others, add a bit of your own work, and then horde the whole thing as if you had created the whole set.

      And the comment about the Wii is pointless, given A.) Someone replied to the exact same post you were refering to with the correct answer, which is "And if Nintendo did it, they'd be just as wrong." and B.) While there may be no Wii emulators out there yet, the fact that there are emulators out there for EVERY single other console and handheld Ninitendo has made sorta indicates there will be one for the Wii as soon as someone can make it.

      As far as the point about Apple not being in the same business as Microsoft, and not having the market control Microsoft does. Neither did MS when that first suit came across. That was the point.

      As far as the opinion that Apple 'is' the hardware and so they get to run the show the way they want, appearently they are NOT the hardware, or this wouldn't be happening. Would it? After all, even before Psystar, people knew how and did install OS X on normal everyday Intel PC's, didn't they?

      And even if that weren't the case, the moment they sold the OS independent from the hardware, they rescinded that claim and got into the same business that MS got shot down for. Tying the purchase of one product to that of another. If you prefer to remain ignorant of the numerous cases in the past where someone in the computer industry has tried that and found out the hard way it's not legal, then just research the history of third party auto parts. You might be enlightened.

      Reconsidering my position requires actually being presented information that counters it, so far you haven't done that, but you are welcome to take another shot at it.

    14. Re:Let's be honest here by CountBrass · · Score: 1

      [blockquote][italics]OS X *is* available for purchase as a separate product.[/italics][/blockquote] Hate to burst your bubble but no it isn't. The boxed copies are upgrades to the pre-installed version you got when you bought your Mac.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    15. Re:Let's be honest here by CountBrass · · Score: 1

      OS X *is* available for purchase as a separate product.

      Hate to burst your bubble but no it isn't. The boxed copies are upgrades to the pre-installed version you got when you bought your Mac.

      --
      Bad analogies are like waxing a monkey with a rainbow.
  27. apple will continue to suffer lost sales and profi by Joe+The+Dragon · · Score: 0

    apple will continue to suffer lost sales and profits in till they come out with a real desktop mid-tower and they update the mini it is a joke at the price that it is at right now.

    The mac pro is ok for it's price but the video card in a $2300 needs to be a little better.

    Where is the system that is priced at the $1200 to $2100 power mac g4 and g5 levels?

    Why dose a $1500 laptop come with a 13" screen and intel GMA video?

    Why do you have pay $2000 for a 15" screen and $2800 for a 17" screen?

    The imacs need to have more screen choice with out be forced to pay more for other parts just to get a bigger screen / better screen.

  28. If The Shoe Were on the Other Foot... by Jasonjk74 · · Score: 5, Interesting

    If this were a story about Microsoft trying to stop vendors from building machines that can run their OS, there would be a million typical comments about them being an evil monopoly, etc. Since it's Apple, I'm sure it's somehow ok, in a shiny, trendy, hip way.

    1. Re:If The Shoe Were on the Other Foot... by Samantha+Wright · · Score: 2, Funny

      I'm pretty sure that someone who tried to clone the X-Box 360 would be looked down upon for other reasons, so it balances out.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    2. Re:If The Shoe Were on the Other Foot... by ninjapiratemonkey · · Score: 2, Insightful

      it's not somehow ok in a shiny, trendy, hip way, but it is evil, in a shiny, trendy, hip, way. and it's not really a monopoly anymore for microsoft either.

      --
      01110000 01010111 01101110 00110011 01100100
    3. Re:If The Shoe Were on the Other Foot... by sesshomaru · · Score: 1

      What if they made an Xbox 360 clone that was an elegant hardware design, high quality parts that ran as solid as a rock, ran cooly and quietly and was 100% compatible with Micrsoft Brand Xbox 360s through a total clean room reverse engineering job? Oh, and Microsoft was trying to sue them out of existence.

      --
      "MIT betrayed all of its basic principles."
    4. Re:If The Shoe Were on the Other Foot... by revscat · · Score: 2, Interesting

      Umm, no. Microsoft would have every right to go after vendors who were including unlicensed, modified versions of Windows in their systems. How is this any different?

    5. Re:If The Shoe Were on the Other Foot... by mrsteveman1 · · Score: 1

      OEMs already modify Windows after installation, they put all sorts of crapware on the machine that significantly alters the way it functions.

    6. Re:If The Shoe Were on the Other Foot... by jpmorgan · · Score: 4, Insightful

      Umm, no. Microsoft would have every right to go after vendors who were including unlicensed, modified versions of Windows in their systems. How is this any different?

      Psystar buys a license of OS X for each machine they sell? Apple may claim that the copies aren't licensed since they violate the EULA, but US copyright law doesn't limits copyright holders rights to prevent installation of software. Furthermore, the doctrine of first sale gives Psystar the right to resell OS X.

    7. Re:If The Shoe Were on the Other Foot... by jpmorgan · · Score: 1

      I should say US copyright law LIMITS copyright holder's rights to prevent installation of software.

    8. Re:If The Shoe Were on the Other Foot... by Anonymous Coward · · Score: 0

      Let me guess... you haven't read any of the comments in this story, or in any of the other stories that talk about Apple?

    9. Re:If The Shoe Were on the Other Foot... by noidentity · · Score: 1

      If this were a story about Microsoft trying to stop vendors from building machines that can run their OS, there would be a million typical comments about them being an evil monopoly, etc.

      Are you kidding? We'd be rejoicing! "Go ahead Microsoft, please stop everyone from making machines that run your OS!"

    10. Re:If The Shoe Were on the Other Foot... by kestasjk · · Score: 1

      Don't they pay for OS X? Perhaps they break the end user license by modifying it to run on non-Apply hardware, but does that count as unlicensed?

      --
      // MD_Update(&m,buf,j);
    11. Re:If The Shoe Were on the Other Foot... by brkello · · Score: 1

      Every time I read a comment like yours on Slashdot and it is modded up it renews my faith in this site. Thanks for ignoring your karma and taking a chance by saying something opposed to the typical Slashdot bias.

      --
      Support a great indie game: http://www.abaddon360.com
    12. Re:If The Shoe Were on the Other Foot... by nine-times · · Score: 2, Interesting

      If this were a story about Microsoft trying to stop vendors from building machines that can run their OS, there would be a million typical comments about them being an evil monopoly, etc.

      Well, the story isn't that Apple is preventing someone from building machines that can run their OS. Anyone can build machines capable of running OSX. It's not hard-- Apple is using normal Intel hardware in their computers.

      Instead Apple is suing someone for blatant copyright infringement-- distributing an altered version of their OS without a license to do so. If someone were selling a hacked version of Windows without any special arrangement with MS, I would expect Microsoft to sue.

      But hey, maybe you're right. Maybe people here would complain about "Microsoft the evil monopolist", but they would be doing so unfairly. If I made proprietary changes to the Linux kernel and started distributing an altered binary-only version of Debian without source code, you'd better believe that the people here at Slashdot would be screaming for my head on a platter. Why? Because I had no license to distribute the altered code.

      Hell, when Debian started distributing a patched version of Firefox, Mozilla asked them to stop using the name "Firefox". Apparently the trademark license on the name and icon only allowed for distribution of unaltered code. That's a slightly different issue, but it shows that distribution can be a touchy subject even among open source software developers.

      It doesn't seem to me that slashdotters have a bias in favor of Apple when it comes to this issue. If anything, people here have a tendency to think that OSX should be sold on generic hardware, or even have the source code for Aqua released under a FOSS license. And there are plenty of people who side with you and think that all praise of Apple is due to misleading advertising.

    13. Re:If The Shoe Were on the Other Foot... by Anonymous Coward · · Score: 0

      ... then it would make walking around really clumsy-looking.

    14. Re:If The Shoe Were on the Other Foot... by Anonymous Coward · · Score: 0

      You're so right ... any sensible person can see that it's much worse to stop a company from using your software without an OEM license than it is to force OEMs to pay you a license fee whether your software is installed or not.

      Damn Apple fanbois, no sense of proportion!

    15. Re:If The Shoe Were on the Other Foot... by GWBasic · · Score: 1

      Psystar buys a license of OS X for each machine they sell? Apple may claim that the copies aren't licensed since they violate the EULA, but US copyright law doesn't limits copyright holders rights to prevent installation of software. Furthermore, the doctrine of first sale gives Psystar the right to resell OS X.

      Not quite... Psystar is distributing modified versions of Apple software. This is in violation of copyright law.

  29. Apple is... by Drasil · · Score: 4, Insightful

    I suspect Apple is every bit as evil as Microsoft, just less successful.

    1. Re:Apple is... by faedle · · Score: 4, Insightful

      "Success" can be relative.

      If I was an investor right now, I'd argue AAPL is more successful than MSFT.

      MSFT has a gazillion bucks, but the ROI for their stockholders has suffered recently. Whereas AAPL under Jobs just keeps making stockholders money. Good money. If you bought AAPL and MSFT one year ago, you would have made 24% on AAPL, and lost 10% of MSFT.

    2. Re:Apple is... by Mechafishy · · Score: 1

      and hidden beneath a trendy black turtle neck shirt

      --
      Here to save the Erf!
    3. Re:Apple is... by HannethCom · · Score: 1

      Bill Gates does credit Steve Jobs as teaching him how to do business. Though from what I've read, Jobs is a little more ruthless.

      --
      Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.
    4. Re:Apple is... by Anonymous Coward · · Score: 0

      and less stupid.

      they run *nix after all :p

    5. Re:Apple is... by Mongoose+Disciple · · Score: 3, Insightful

      I notice you didn't attempt to argue with the "evil" part of the GP poster's statement, though. . . :)

    6. Re:Apple is... by Reality+Master+101 · · Score: 5, Insightful

      I suspect Apple is every bit as evil as Microsoft, just less successful.

      Suspect? Imagine a world where Apple won the PC wars rather than Microsoft. Imagine what we'd be paying for computers with only a single supplier.

      Of course, if Apple *had* won, they probably would've been broken up long ago as a monopoly, but it would've set the computer industry back at least a decade.

      Say what you want about Microsoft, but at least they never leveraged their OS dominance by producing a "Microsoft PC" and then "phasing out" all the other hardware manufacturers. If Steve Jobs, through some twist of fate, had been in charge of Microsoft rather than Apple when he returned, that's exactly what would've happened.

      And let's not even get into the fact that Apple competes via lawsuit orders of magnitude more often than Microsoft.

      Apple is *far and away* more evil than Microsoft ever dreamed of being. They're fortunately just not the dominant player.

      [And no, I'm not defending whatever evil Microsoft has done, only that they are not nearly as evil as they could've been.]

      --
      Sometimes it's best to just let stupid people be stupid.
    7. Re:Apple is... by Myopic · · Score: 1, Insightful

      There are actually two differences: Apple is less successful, that's true; but the bigger difference is that Apple makes products that are above the threshold of usability. Some of them are Great, some of them are Good, and some of them are mediocre, but almost all of them are usable. Microsoft, on the other hand, has made maybe a half-dozen usable products in their history: a keyboard or two, a mouse or two, Excel, Explorer 5 Mac Version... uh... I can't think of any others, but there might be a couple more.

    8. Re:Apple is... by Drasil · · Score: 0, Troll

      While I agree with pretty much everything you say I didn't want to offend the notoriously sensitive Apple users here, hence the brevity of my initial post ;)

    9. Re:Apple is... by revscat · · Score: 0, Troll

      Say what you want about Microsoft, but at least they never leveraged their OS dominance by producing a "Microsoft PC" and then "phasing out" all the other hardware manufacturers.

      "Phasing out"? What are you talking about?

      And let's not even get into the fact that Apple competes via lawsuit orders of magnitude more often than Microsoft.

      Bollocks. You're just making shit up because you hate Apple.

    10. Re:Apple is... by darkmeridian · · Score: 1

      It depends on how you measure the value of stock. Apple's stock has risen more as a percentage basis but the basic stats suggest that Microsoft might be the better buy. Microsoft's P/E is about 15 while Apple's P/E is 35.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    11. Re:Apple is... by Reality+Master+101 · · Score: 3, Insightful

      "Phasing out"? What are you talking about?

      Changing the license agreement a la Apple so that Windows would only run on their own hardware they produce.

      Bollocks. You're just making shit up because you hate Apple.

      Are you serious? Apple is notorious for their lawsuits, starting from the infamous "look and feel" many moons ago.

      --
      Sometimes it's best to just let stupid people be stupid.
    12. Re:Apple is... by revscat · · Score: 0, Troll

      Changing the license agreement a la Apple so that Windows would only run on their own hardware they produce.

      What, like 10 years ago? So what? They made a business decision. It's their product. Why shouldn't they?

      Are you serious? Apple is notorious for their lawsuits, starting from the infamous "look and feel" many moons ago.

      Yes, I'm serious. You claim Apple is "orders of magnitude" more litigious than Microsoft. Prove it.

    13. Re:Apple is... by Anonymous Coward · · Score: 0

      So your argument is that Apple is more successful than Microsoft for sufficiently small lengths of history? ;)

      Also - as someone who bought Apple when they dropped, and then again when they dropped some more, and then again when they dropped some more (split-adjusted $7.xx/share), and at two different times only owned Apple shares - I'd like to point out that just as Apple was ridiculously underpriced not too many years ago, they may well be ridiculously overpriced at this point in time. The market is rational only to a point, and much of it is about perception and trends. Apple was once so unloved by investors that they had a $6 billion market cap with $5 billion in cash and no debt - and this was after the iPod had come out and Apple was (still) a solid company. Given that Apple has no dividends, also, it's important to note that any investment on Apple is unrealized barring a sale of part or all of that investment.

    14. Re:Apple is... by X0563511 · · Score: 1

      Sidewinder Precision Pro (classic, game-port)

      The perfect joystick. Gone forever. <runs off to cry in the corner>

      Offtopic: why is it that almost all joysticks are shit now?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    15. Re:Apple is... by Mongoose+Disciple · · Score: 1

      Apple makes products that are above the threshold of usability.

      While I think there's some degree of science to usability, to some degree, I think this is also a matter of opinion. All things Apple feel like left-handed scissors to me -- usable, but often awkward and always counterintuitive. (I'm not left handed.)

      Clearly, lots of people have a better time with it than I do.

    16. Re:Apple is... by dotBran · · Score: 1

      I think Apple would still be a good company if they had a monopoly. Although prices would rise and innovation would lower, overall change would be no greater than 15%. If Apple took too much advantage of a monopoly like Microsoft is doing with Office 2007, people would altogether abandon computers. After all, there would still be phones to go to if you don't like the iPhone in the future (Hint: Android).

    17. Re:Apple is... by xtracto · · Score: 0, Troll

      I think Apple would still be a good company if they had a monopoly.

      You say that as if Apple had been a good company at any time.

      Apple has always be a closed pro bully-lawsuit corporation. Just look at their sue happy history.

      Oh, and not only sue happy, but actively trying to remove internet comments from people that do not agree with their views or criticize them.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    18. Re:Apple is... by nsayer · · Score: 1, Insightful

      Imagine a world where Apple won the PC wars rather than Microsoft.

      It would almost surely be a better place than what we have now, that's for sure.

      I mean, if nothing else, everyone working at Norton and Symantec would have to go get real jobs instead.

    19. Re:Apple is... by prockcore · · Score: 1

      Apple is less successful, that's true; but the bigger difference is that Apple makes products that are above the threshold of usability.

      Obviously you haven't been following the MobileMe debacle. "unusable", "disaster", and "horrible" are terms being thrown around.

    20. Re:Apple is... by Anonymous Coward · · Score: 0

      Apple routinely innovates and leads the way -- when it has been headed by Steven Jobs. Sadly, shortly after developing and releasing the original Macintosh (with the help of an incredible team), a CEO from Pepsi-co came in and had Apple throw Jobs out. Jobs did
      not work at Apple computers from roughly 1985/86 to 1997/98.

      Microsoft is a despicable evil. Look at what they have done to ISO. Look at how fucking much they charge to get a semi-decent version of their OS (retail price of Vista Ultimate). Look how they gouge and double-dip by having separate 32- and 64-bit versions. Look at them killing Windows XP just so they can re-sell you a new, but worse version of their OS -- fully taking advantage of you via their market monopoly power.

      The harm Microsoft's presence in the computer market has done in the past 10 years is immeasurable. I am sick of subsidizing them. And I am sick of fools defending them.

    21. Re:Apple is... by Anonymous Coward · · Score: 0

      A better example is if you put $50K in AAPL 5 years ago it'd be worth something crazy like $1M+ (don't forget to calculate stock split). The same period for MSFT it'd be worth something like $55K+ (including dividends).

    22. Re:Apple is... by Anonymous Coward · · Score: 0

      yes and if you had purchased both you'd have earned 14% AND you wouldn't be tracking things quarter to quarter

    23. Re:Apple is... by Anonymous Coward · · Score: 0

      It depends on how you measure the value of stock. Apple's stock has risen more as a percentage basis but the basic stats suggest that Microsoft might be the better buy. Microsoft's P/E is about 15 while Apple's P/E is 35.

      How much money did you lose investing in sub-prime mortgage lenders?

    24. Re:Apple is... by Anonymous Coward · · Score: 0

      Suspect? Imagine a world where Apple won the PC wars rather than Microsoft. Imagine what we'd be paying for computers with only a single supplier.

      Let's imagine. In the beginning there was only the Mac-PC. Then began to appear the Mac-PC clones made by US companies, later followed by Japan, Europe, and finally Taiwan clones. Then Apple turned it's bussiness focus to selling laptops and big iron, almost abandoning the desktop market. Finally they gave up on the laptops too.

      Sounds familiar to you?

    25. Re:Apple is... by Anonymous Coward · · Score: 0

      That's not really a fair comparison, because you can't compare the two.

      Apple flourished in the years of the Proprietary Computer, where each computer produced by each company was incompatible with each other. Apple are still a hardware company, and the OS is the fringe benefit of buying Apple hardware. It's a business model that has worked for Apple so far, but a business model that is very unlikely to garner a monopoly. Do we see a monopoly of Ford cars? Or LG Televisions? No, because it's very hard to secure a monopoly selling any type of hardware (unless a. you serve a niche or b. the government granted it to you).

      Meanwhile, Microsoft flourished in the age of commodity hardware. Microsoft could never produce a "Microsoft PC" and take over, because they developed all their code on an open platform with commodity parts. This open platform, x86 has become several orders of magnitude more successful than the Mac, and now, ironically, Macs are x86-based.

      You may think I'm rambling, so I present to you the "TL;DR" version:

      Comparing Apple to Microsoft is like comparing apples to oranges (har har).

    26. Re:Apple is... by Quazion · · Score: 1

      The only thing MS did was take us back to the stone age. Atari,Amiga and Apple where much futher ahead then MS and IBM where at the time. The hardware was much better and the software was all gui oriÃntated.

      MS took most of us back to DOS/Win3.11 and later to the piece of crap called Windows 95. Personaly i think if MS never was created we would be around 10-15 years ahead from where we are now. While the 486 was just new, the other computer manufactors where allready doing real GUI multitasking even on multiple CPU's like Motarola and DSP chips. For example we were playing music on one CPU and rendering Mandelbrots on the DSP chip.

      The main problem with the other computer company's at the time was marketing most of them where crap at it, hence how MS got it monopoly with its cheap crap software.

      But i agree all commercial company's are evil even Apple! :)

    27. Re:Apple is... by Anonymous Coward · · Score: 0

      Say what you want about Microsoft, but at least they never leveraged their OS dominance by producing a "Microsoft PC"

      You mean like the Xbox?

      and then "phasing out" all the other hardware manufacturers.

      Well, they haven't done this part. Yet.

    28. Re:Apple is... by T.E.D. · · Score: 1

      Suspect? Imagine a world where Apple won the PC wars rather than Microsoft. Imagine what we'd be paying for computers with only a single supplier.

      That's pure sillyness. The open (hardware) platform is why the PC platform won in the first place. A world where Apple won would have to be a world where the Apple platform was more open than the PC platform.

      Apple is just being Apple here. This entire article amounts to nothing more than a horde of frogs complaining about being stung by scorpions which they put on their own backs.

    29. Re:Apple is... by snl2587 · · Score: 1

      Whereas AAPL under Jobs just keeps making stockholders money.

      Yeah, if you short the stock. At least in recent weeks.

  30. So we all donate our PCs to Tipper's Pigopolists by Anonymous Coward · · Score: 0

    And how is apple gonna get all those buyers to give up da goods? And how about the cash buyers who never 'registered'. How about foreign buyers who tell Apple to go screw, and add that the police in those countries will cut off the arms of any agents of apple who dare show up in their countries? And how many American soldiers will have to get injured or worse militarily intervening in, say, China to get at those 'errant machines'?

  31. Re:Apple particularly doesn't like things like thi by geekmux · · Score: 2, Insightful

    because it exposes the fact that today's Mac desktops are just commodity hardware with an extra $1,000 charge for an OS X dongle (TPM).

    Let's not get out of hand here. $1000 premium is a bit of a stretch when you compare pure hardware specs between vendors. Maybe a couple hundred, but certainly not $1000. Besides, I'll gladly pay a small premium for stability.

    If you really want to bitch about premiums, then let's stop bullshitting here and talk about Vista MSRP. Those prices make OSX look like a bargain.

  32. Good luck by Anonymous Coward · · Score: 0

    You can't force Pystar customers to recall their machines after the point of purchase. You can fine the hell out of them if they refuse, but nothing stops them from just taking the fine.

  33. Re:Apple particularly doesn't like things like thi by moosesocks · · Score: 1

    Again, no no no no. That's simply not true.

    Apple Hardware is typically comparable to hardware from other vendors at the same price point. There sure as heck isn't a $1,000 markup.

    Whether or not it's necessary for Apple to use Xeon processors and server-grade components in the Mac Pro is an entirely different debate. However, you're paying for more than just OS X.

    In my own unqualified and unscientific opinion, I've found Apple hardware (back in the PPC days) to generally outlive its PC counterparts by a good margin. It's anecdotal evidence, sure, but I think that most other users claims back me up. I have a 450 Mhz G4 tower that's still running nearly unmodified, and still generally useful, nearly 10 years after its original purchase.

    --
    -- If you try to fail and succeed, which have you done? - Uli's moose
  34. Re:Is today Gay Pride day or something? by Anonymous Coward · · Score: 0

    You dream of getting your colon irrigated by Steve Ballmer instead, do you? Come out of the closet already.

  35. Its amazing.... by mlwmohawk · · Score: 1

    I think we need to change the expression "Power corrupts, absolute power corrupts absolutely" to "Success corrupts, real success creates real evil."

    Jobs is just as evil as Bill Gates ever was, Bill just had the advantage of wealth.

    1. Re:Its amazing.... by Yvan256 · · Score: 2, Funny

      How about "PowerPC corrupts, x86 corrupts absolutely"?

    2. Re:Its amazing.... by NulDevice · · Score: 1

      Just the other day I saw Steve Jobs kicking a puppy while sacrificing a baby to Moloch. And I hear that everyone at Microsoft drinks the blood of virgins.

      "Evil?" Hyperbole, anyone?

      --

      ----
      "I used to listen to Null Device before they sold out."

    3. Re:Its amazing.... by X0563511 · · Score: 1

      Garbage in, slightly-more garbage out.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    4. Re:Its amazing.... by dotBran · · Score: 1

      How about "PowerPC corrupts, x86 corrupts absolutely"?

      I suppose Apple would then move their gaze to AMD.

  36. How is that going to work? by caseih · · Score: 5, Insightful

    If I bought something, it's now mine (the hardware anyway). I doubt Pystar can actually repossess any of the boxes. The entire demand by Apple is pretty silly. Apple's copyright claims can't possibly cover the possession of physical hardware. Very bizarre. I think Apple only has a claim against Psystar itself over copyright infringement (the distribution of hacked Apple patches). Personal use of OS X in breach of Apple's license would have to be an issue that Apple would have to deal with on a per user basis, which I doubt they are willing to do.

    1. Re:How is that going to work? by spoot · · Score: 1

      come on, lets be realistic. anyone who bought one of these is kinda crazy. If you have some technical knowledge, info on the the nets to install osx on a 'generic' box is free and available. You think business were gonna buy these? High end graphic, video or audio apple users? Nope. Everyone knew apple was gonna come down hard on pystar. the only real question was, why hadn't they done it already. Now you've got a 'collector's item.' And if you think that's true, I've got a couple of motorola 'starmax' systems I'd like you to bid on. Better off investing in vintage guitars. at least the 'programing' language stays the same, that is, unless you re-tune it.

    2. Re:How is that going to work? by caseih · · Score: 1

      Uh, no. I have no collector's item. If I really had a Psystar machine, then I really just end up with an overpriced intel box. That's not the point either. The point is, asking Psystar to recall it's PCs is pretty silly since Psystar doesn't own them anymore.

    3. Re:How is that going to work? by Anonymous Coward · · Score: 0

      I think they will try to stop Pystar from issuing modified updates of Apple software, that is probably the most they can do. Oh, and they will try to stop them from pre-installing OS X too (though the end user could certainly opt to do it themselves).

      Personally, I think it is fine for an end user to install OS X on a non-Apple computer if they want to and are comfortable breaking the EULA - that is why OSx86 is so cool. To build a business around breaking Apple's EULA for customers is asking for trouble! It will be cool to see if this turns into something world-changing or just another small company shut down because they lack legal basis for their 'unique' business model.

    4. Re:How is that going to work? by Anonymous Coward · · Score: 0

      Try when Pystar loses and they will on Copyright claims. Then Apple will most likely get its demand of recall of all systems running their illegally sold software. And yes the courts will order Pystar to recall the units and hardware. In fact Apple may end up being able to collect them from each buyer. Again if goods are aquired by illegal means...even if you paid for them you do not own them.

      Sorta like buying a stolen radio...when the cops find out you have you even if you paid the guy for it....if its stolen you still lose it. your recourse will be to take the guy who sold it to you to court. Good luck getting anything outta Pystar after Apple gets done killin them,

  37. Re:apple will continue to suffer lost sales and pr by faedle · · Score: 2, Insightful

    Funny. This would almost make it seem like Apple is a very profitable company, who's investors seem quite pleased at the ROI they get from owning stock.

    In fact, in almost every category that would define investor confidence AAPL outperforms MSFT, and leaves DELL and HPQ in the dust.

    I fail to see any lost sales and profits in this equation. If I was a shareholder in AAPL, I'd be happy as punch right now.

  38. Re:Regardless of the legalities by Yvan256 · · Score: 2, Funny

    Cool, it's gonna fit right in with my Panaphonic plasma TV and Somy PS3!

  39. Re:Regardless of the legalities by BalmyBrute · · Score: 1

    Its the same as buying a Dell, except Microsoft doesn't complain when you use the product you bought in the way that you want.

  40. Re:apple will continue to suffer lost sales and pr by geekmux · · Score: 2, Insightful

    apple will continue to suffer lost sales and profits in till they come out with a real desktop mid-tower and they update the mini it is a joke at the price that it is at right now.

    Er, have you stepped foot inside an Apple store lately? It's rather busy, which is a LOT more than I can say for 95% of the other stores in the area in this morbid economy. I don't exactly see their stock price slipping either. In fact, it's one of the few that have rebounded rather nicely so far this year.

    All that being said, it's simple why you don't see more hardware options. Their hardware serves the same purpose as their software. Simplicity. It's a niche market, one they are marketing fairly well.

  41. Quick question... by Anonymous Coward · · Score: 0

    What do you guys suppose the outcome would be had OSX not come pre-installed? Perhaps Psystar decided to sell blank boxes that just so happen to run a copy of OSX that they also just so happen to sell along with the box.

  42. Re:Apple particularly doesn't like things like thi by electrosoccertux · · Score: 1

    No way. Apple will charge you $1k for their lowest end laptop with 1GB of RAM and perhaps 160GB HDD space. You can get that from Dell/HP for $700, except the Dell/HP one you buy that you see in your local newspaper ads for Office Max will have 3GB of RAM and a 250GB harddrive, and will still have a dual core processor.

  43. Restraint of Trade.... by postbigbang · · Score: 0, Flamebait

    The emasculated, non-functional FTC should jump in the middle of this and do a slapdown on Apple. What's wrong with the fundamental morality in the computer biz? Has it just evaporated? Apple has no injury here, just a monopoly.

    Oh, right.....

    --
    ---- Teach Peace. It's Cheaper Than War.
  44. What would be the point? by argent · · Score: 2, Insightful

    But still, what would be the point in having Mac clones ?

    Well, let's see... people looking for something that Apple doesn't currently produce could get a computer with OS X on it that fit those requirements.

    Like... a conventional desktop with expansion slots.

    Like... a laptop with a two-button trackpad and a decent keyboard.

    Like... a laptop with a swappable drive bay. Or multiple hard drives.

    Like... a compact Mac with a high performance hard drive and a real GPU.

    Or, Apple could just quit being so damn insistent on making everything subservient to "style", and cut the market out from under the would-be clone makers by adding a couple of products to their product line... a "Mac mini Pro" for the desktop (it could even be cubical!) and a Thinkpad-equivalent laptop.

    1. Re:What would be the point? by dotBran · · Score: 1

      A conventional desktop with expansion slots.
      All Macs are expandable, although some require a bit of work.

      A laptop with a two-button trackpad and a decent keyboard.
      All MacBook models have two-button trackpads, despite the deceiving button cover (sarcasm).

      A laptop with a swappable drive bay. Or multiple hard drives.
      MacBook Pros will likely have a swappable HD bay, and if you mod your MacBook with some SSDs you'll be able to fit in a few.

      A compact Mac with a high performance hard drive and a real GPU.
      iMac + Radeon HD 2600 PRO = 1337. OpenGL can do a lot more than DirectX, wit a lot less.

      Or, Apple could just quit being so damn insistent on making everything subservient to "style", and cut the market out from under the would-be clone makers by adding a couple of products to their product line... a "Mac mini Pro" for the desktop (it could even be cubical!) and a ThinkPad-equivalent laptop.
      By Mac mini Pro, you're pretty much imagining a Cube; The G4 Cube was introduced in 2004 and flopped. Also, the MacBook Air will probably take advantage of Atom and up it's specs to better compete with the ThinkPad, even though it's been Apple's best-selling product since it launched, up until July 11th at about 8AM.

      As a side note, I found something in your argument rather contradictory of itself. You ask for a conventional, average-specced desktop, then you ask for, essentially, a tiny Mac Pro. Does that make any sense?

    2. Re:What would be the point? by neildiamond · · Score: 1

      THANK YOU! If I had mod points, you'd have them all!

    3. Re:What would be the point? by argent · · Score: 4, Informative

      All Macs are expandable, although some require a bit of work.

      The Mac mini and Macbook have crippled GPUs, these can not be replaced or upgraded. The Macbook Pro does not have any user accessible internal expansion other than the memory (no, it does not have a swappable hard drive, let alone a swappable optical drive bay).

      iMac + Radeon HD 2600 PRO = 1337.

      iMac is not a compact Mac, nor a conventional desktop. The only conventional desktop Apple has is the Mac mini, and it's crippled.

      By Mac mini Pro, you're pretty much imagining a Cube

      Except without being more than twice as expensive as a comparable wintel box. The cube was drastically overpriced, costing more than a G4 tower, and apparently was supposed to succeed purely on its looks because it was far less computer than the G4.

      Also, the MacBook Air will probably take advantage of Atom and up it's specs to better compete with the ThinkPad

      The kind of Thinkpad I'm talking about costs less than the Macbook (non pro, non air), but has a real GPU, a better keyboard than any Apple laptop, two (actual, usable) buttons on the trackpad, a trackpoint mouse, an optical ultrabay (so you can swap out the optical drive, or replace it with a hard drive caddy or an extra battery), a docking port[1], and a physically more rigid case. Oh, and it doesn't have that stupid 'magsafe' connector that keeps pulling out of my Macbook Pro when I'm using it as an actual laptop.

      You ask for a conventional, average-specced desktop, then you ask for, essentially, a tiny Mac Pro.

      Um, that would be "no, that's not what I'm asking for". A Mac Pro is an 8 core ultra-high-end workstation. I'm talking about a 2 core desktop, comparable to the kind of box you can get (except for Mac OS X, of course) for $300-$400 from anyone but Apple[2]. I'm not sure where you get 'a tiny Mac pro' from that.

      [1] Of course a docking station is not available for any Mac laptop, and no the "bookendz" monstrosity doesn't count.
      [2] With Apple's 40% markup that would still be cheaper than the Mac mini.

    4. Re:What would be the point? by drsmithy · · Score: 1

      Amongst the standard Apple fanboi drivel, these two deserve special attention.

      By Mac mini Pro, you're pretty much imagining a Cube; The G4 Cube was introduced in 2004 and flopped.

      No, he's not. The Cube was an overpriced fashion toy, not a good computer. If Apple were to release an equivalent to the Cube today, it would be a Mac Mini with a discreet graphics card and a quad-core CPU, but cost as much as a Mac Pro.

      The Cube failed because all but the craziest Apple cultists shunned it as the awesomely bad deal it was.

      As a side note, I found something in your argument rather contradictory of itself. You ask for a conventional, average-specced desktop, then you ask for, essentially, a tiny Mac Pro. Does that make any sense?

      It makes perfect sense. Half a Mac Pro *is* an "average-specced desktop" (nearly by definition).

    5. Re:What would be the point? by SoupIsGoodFood_42 · · Score: 1

      The iMac is a conventional desktop as far as Apple is concerned. They just have different ideas about what should be conventional. Unless you think the status quo should always be the defining guide? We'd never get much progress that way.

    6. Re:What would be the point? by argent · · Score: 2, Insightful

      The iMac is a conventional desktop as far as Apple is concerned.

      I understand that. The point of this discussion though has nothing to do with whether Apple is "right" or "wrong", or what should be conventional, I am simply answering the OP's question: "where is the demand for things like the Psystar box coming from?". And one of the sources is the disconnect between what Apple supplies and what the market demands. There really is a huge demand for what actually is conventional (as opposed to what Apple believes should be conventional), and Apple isn't filling it. If Apple doesn't want to fight this battle over and over again, then they can only win by surrendering.

    7. Re:What would be the point? by reiisi · · Score: 1

      Conventional desktop with expansion slots

      ?

      Conventional desktops don't need expansion slots. In the current market, you are not a user of conventional desktops.

      Everything your asking for is currently niche market. I'm not saying that's the way it should be. I'm not saying I don't wish Apple would through the niche markets a few bones.

      Get the machine you want and load Fedora.

      If you must have Apple's software, it's time to realize that, to a large extent, you're buying Steve's vision of a stylistic reduction of the human interface and the work environment. That requirements of such a reduction is by definition at direct odds with your desire to build a custom reduction that suits your own tastes. It's logically impossible to have both at once without having two computers.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    8. Re:What would be the point? by argent · · Score: 1

      Conventional desktops don't need expansion slots.

      Yeh, I know the Apple fan "conventional wisdom"... but desktops without expansion slots don't sell, all-in-one desktops don't sell, and I've had people knock back my suggestion that they buy a Mac because Apple doesn't make what they want. Even knowing the problems they have with Windows, and even though they openly envy what I get from my Mac, it's not compelling enough for them to buy hardware that is that radically different from what they already have. If you look at the PC market as a whole, all-in-one boxes and minimalist PCs are a fringe market, and the conventional desktop with expansion slots is mainstream.

      I don't think it matters *why* no other company but Apple seems to have maintained a line similar to the iMac or Mac mini for more than a couple of product cycles. I can talk about slots being insurance, about the fact that they already have a decent monitor, or because they don't want to risk losing their computer just because the monitor has failed, and I've been given all of these arguments, but they oooh and aaah over my Mac then go down to Best Buy and pick up a mini-tower.

      It's not software any more. They're not risking being locked out of their Windows applications. It's simply that they see the whole Mac hardware line as being "not for them".

      In the current market, the people who are willing to make do with what Apple is selling are the fringe.

      And that's not even starting on the fact that even with boot camp a gamer isn't going to buy a computer that they can't upgrade the video in. And if you tell me that the driving force behind the personal computer market for the past 30 years is "fringe" I'm going to have to laugh at you. Really. It's in the unwritten Slashdot rules.

  45. Re:Regardless of the legalities by MetaPhyzx · · Score: 1

    But MS still gets a chunk of change whether you buy it with Windows or not installed. Or is that Dell?

    --
    Blacker than my baby girl's stare. Black like the veil that the muslimina wear. Black like the planet that they fear...
  46. No they don't by Wooky_linuxer · · Score: 2, Insightful

    If they sell it as a boxed software package. Ok, I am not in the US, but here (Brazil) it is actually illegal to bind the sale of the OS to a particular hardware (or any two dissimilar things, in fact). It is in fact called a "bound sale". I guess you americans have something similar (can someone say for sure?) Not so sure about the copyright infringment part of the suit, but I guess that would be covered by the compatibility exception under the DMCA. Anyways, is Psystar american? If not then the whole talk about that (absurd) WOW ruling is moot.

    --
    Where is that guy who'd die defending what I had to say when I need him?
    1. Re:No they don't by just_forget_it · · Score: 1

      "I guess you americans have something similar (can someone say for sure?)"

      It's definitely not illegal to bind the sale of an OS to hardware, but Microsoft did get in trouble for bundling Internet Explorer with Windows. Although, every other OS does the same thing. Most Linux distributions come with Firefox, and OS X comes with Safari.

      Forcing consumers to buy additional things with an item that is typically sold by itself I think is illegal as well. A store can't sell a printer and force the customer to buy a USB cable, for instance. Nor can they force you to buy a Monitor or Printer with a new computer. IANAL and could be wrong, though.

    2. Re:No they don't by AeroIllini · · Score: 1

      In the US we have a concept called bundling where two products are sold together; it could be as simple as bundling a product and its warrantee (which is considered a separate product). Bundling is not illegal unless it's used in a monopolistic and anti-competitive manner, and in that case it's called tying.

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    3. Re:No they don't by PunkOfLinux · · Score: 1

      The difference between firefox and IE is that microsoft has integrated IE so tightly into the system that you almost have NO choice but to use it in some capacity. On linux, you have a choice for your system file browser, on windows, until you hunt down a new one and tweak your system hardcore-style, you have no choice.

    4. Re:No they don't by Wooky_linuxer · · Score: 1

      Yes, perhaps tying is a better translation (and I just noticed I wrote "bound" when it should have been "binded"... oh well), but it is a different legal concept. It is not quite the same ball as MS bundling IE with Windows; it would be the same thing, say, if MS forbid Office of running under Wine, or made so that you had to buy a copy of Windows to run Office. I am pretty sure this kind of EULA provision wouldn't be legal here, illegal monopolies notwithstanding, asked some friend of mine who are lawyers, one is even a law professor and they confirmed it. Anyways, I just looked it up and Psystar is indeed based in the US - Florida, to be exact.

      --
      Where is that guy who'd die defending what I had to say when I need him?
  47. Straightforward copyright infringement by GauteL · · Score: 2, Interesting

    No, this is not just about the EULA.

    If you look up Psystar and the open computer, you'll find that they also modify and redistribute Apple security updates.

    They can't rely on software updates directly from Apple always working on the computers, so they distribute updates themselves.

    Since they are very, very unlikely to have permission for this, it is a straightforward case of copyright infringement.

    Also, what do you expect? You all know that Apple does not allow "clone makers", so when one happens, do you just accept them to leave them alone, because they are "small time"?

    Wouldn't you then be even more outraged if they waited until Psystar was big before they sued?

    Psystar must have known this would happen, and I suspect they just used the OS X machines as publicity for their other machines.

  48. Any legal precedent? by Cutie+Pi · · Score: 1

    This is a weird case because to my knowledge the hardware itself is not illegal. Installing MacOS X on it is because that is a violation of Apple's EULA.

    I see this case as similar to the black market cable and satellite box sellers... While owning the boxes may not be illegal in and of itself, using the box to steal cable is. And many times when these companies get busted, prosecutors go after the purchasers, using the info from the sales receipts.

    I don't know if that analogy makes sense in this case, but let's say Apple wins and Pystar is forced to do a recall. Will Apple prosecute Pystar's customers if they don't return the boxes? The EULA violation problem goes away if they wipe MacOS X from the hard drive and install Ubuntu or Windows.

    1. Re:Any legal precedent? by huckamania · · Score: 1

      If I were Psystar or one of their customers, I would ask for a jury trial. Juries love it when big mega corporations take on the little guy.

    2. Re:Any legal precedent? by Anonymous Coward · · Score: 0

      If I worked at pystar, I'd make sure that who bought what was not available anymore to prevent that from happening.

  49. Fr1st S4L3! by Crispy+Critters · · Score: 0
    "First sale doctrine...allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained."

    From guess where.

    IOW, what in the world are you talking about?

    1. Re:Fr1st S4L3! by PunkOfLinux · · Score: 1

      Yes, that applies to resale; that has nothing to do with the part of the EULA about apple branded hardware. nothing.

  50. LOL! by bledri · · Score: 2, Insightful

    If you go by "sales record" then Apple has less than 8% marketshare anyway, which means that pratically nobody wants a Mac to begin with.

    I wish I could mod this funny. Even when Apple is making money hand over fist in the middle of a freakin' recession, arm-chair CEO's are trying to save poor stupid Apple. LOL

    I wish Mac's were cheaper too, but they aren't. I also wish strippers were free... (as in "beer" - and disease for that matter).

    --
    Some privacy policy Slashdot.
  51. Re:Apple particularly doesn't like things like thi by yomegaman · · Score: 2, Informative

    It's true that you can get laptops for under $1k, but it's quite a bit harder to find a 13.3" one like the MacBook for much less. I've seen the Toshiba Satellite for about $750 at Best Buy when it's on sale for $150 off list, but that's about it. Dells and Sonys are both >$1k, and HP and Gateway don't even offer that form factor. I bought a 13.3" myself recently since for me it's about the right spot between portability and usefulness, and in that niche the MacBook is not too badly priced (but I still didn't buy one). The MacBook Pro, on the other hand, seems way overpriced to me for what you get.

    --
    ...wearing a skin-tight topless leather jumpsuit, with cutaway buttocks and transparent crotch panel.
  52. Re:Apple particularly doesn't like things like thi by Anonymous Coward · · Score: 0

    Last I looked, Apple was actually competitive

    Except for when they charge you an extra $100 to make your macbook out of black plastic instead of white plastic, yes, their hardware is not that much more expensive than other vendors hardware with comparable features.

  53. From my cold dead fingers, Steve! by elrous0 · · Score: 1

    If Jobs sends his cult members after me to get mine back, I'll just distract them by walking past a coffee house with an open mike poetry night.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  54. Re:Apple particularly doesn't like things like thi by Myopic · · Score: 1

    A MacBook starts at $1100.

    Please point me to the $100 commodity laptop which does all the things a MacBook does (except for OS X), because I think that would be a great deal, and would buy one.

    (Furthermore, $1000 for the prerogative of using Mac OS instead of Windows seems about fair. I probably wouldn't pay much more than $2000. But, if it were actually that expensive for Mac OS, I'd probably use Linux. Anything but Windows!)

  55. Smaller == more expensive by danaris · · Score: 1

    The Mac mini is more expensive than Dell and other generic low-end systems because it's the size of a large hardcover book.

    Sure, if all you care about is the specs, that makes it overpriced. But if you actually like having a machine with a small footprint that is quiet and low-power-consumption, the Mac mini might actually be worth it...even before you take into account the fact that you're getting the ability to run OS X. Which, for some people, is pretty obviously a serious plus.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
    1. Re:Smaller == more expensive by Al+Dimond · · Score: 1

      You know what some people care about? I'm going to go all Ballmer here: Laptop hard drive, laptop hard drive, laptop hard drive! I just flat don't trust a laptop hard drive for primary storage on a computer that's going to get heavy use.

      I could get cheap, slow, low-power components and put them in a big ugly case for less money because they're not miniaturized. Or I could have some other OEM perform the service for me. The case sits under my desk where nobody sees it and it doesn't get in the way. Miniaturization offers me no value, since portability is mostly useless without built-in IO devices; the loss in reliability (it's commonly accepted that laptop components are less reliable than their full-sized equivalents; if this is no longer true I'd be interested to know) and inability to make small upgrades and repairs myself are big issues for someone that expects a long life out of his computer. The ability to throw in a cheap or reclaimed PCI card is useful for someone like me that can't necessarily predict future computer uses (I currently have three cards in there I didn't have when I built the computer 6 years ago).

      I'm sure there are some people in the Mac Mini market. It doesn't, however, offer some things that I value. Lots of people 'round these parts would like to run OS X but have the same concerns that I do. I think this truly constitutes a hole in Apple's line-up. I'd consider an Apple for my next computer (the ability to run OS X legally and without hassle gives their machines an automatic advantage, in fact) if they addressed it.

    2. Re:Smaller == more expensive by prockcore · · Score: 1

      The Mac mini is more expensive than Dell and other generic low-end systems because it's the size of a large hardcover book.

      The mini has an awkward form factor. It doesn't sit well on its side.

      On a desk, the mini takes up 42.25 square inches (6.5x6.5). The HP Slimline desktop takes up 35.7 square inches(4.2x8.5).

      Plus the slimlines have the 11-in-1 card readers that no mac has.

  56. Re:apple will continue to suffer lost sales and pr by UnknowingFool · · Score: 2, Insightful

    I think the main reason they don't have a mid-tower is for profitability reasons. Apple could build one without a doubt but where would it be in the market? If you look at Apple's desktops, they operate in very niche markets. Apple offers a high end workstation in the Mac Pro. It offers a small footprint desktop in the Mac Mini. They have an all-in-one with the iMac. In the mid-tower, the product would not be unique enough to differentiate itself from Dell and the like. It really could not sell very well and wouldn't be profitable. Also, bear in mind that Apple has 1/4 the number of employees as Dell or MS. Expending resources to design a product line that they don't foresee as being profitable wouldn't make sense.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  57. Re:apple will continue to suffer lost sales and pr by internetcommie · · Score: 1

    This may come as a surprise to you, but Apple isn't required to be everything to everybody. They aren't even required to produce the computer that you want.

    And like others point out, their stock is doing quite well at the moment. I ought to know, I'm making good money off it!

  58. Re:apple will continue to suffer lost sales and pr by Anonymous Coward · · Score: 0

    You see this argument a lot, but it's really quite ridiculous on a couple of fronts: 1) Apple's sales and profits are amazing, while competitors' sales are stunted. 2) Apple has amazing sales because they are different from their competitors.

    So how does introducing a product that is like something their competitors would release going to distinguish Apple and keep profits up?

    Apple is in the business of selling tightly integrated systems that (to borrow the cliche) "just work," in order to keep their support costs down and customer satisfaction up. If that's not what you're looking for, then you're not in their target market. That's not a bad thing; it's just how it is.

  59. Re:Apple particularly doesn't like things like thi by Sandbags · · Score: 2, Insightful

    It's not even that bad. Compare the iMac to the Dell One, a very similar system, and the dell, missing some of those bells, whistles, and a lot of quality software, costs MORE. The Mac Pro 17" machines are VERY competitive (within $300 +/- of other name brand systems, depending on how much attention you pay to package details, battery life, and weight concerns).

    If you want to overstate, fine, but keep in mind, subtract the $1000 in "unneeded parts" and the iMac is a $200 machine... NOT!

    --
    There is no contest in life for which the unprepared have the advantage.
  60. Re:Apple particularly doesn't like things like thi by Sandbags · · Score: 1

    I will concede, you can get a 15" performance PC for a good bit less than Apple's 15" pro. The 17", not so much a difference. The iMac and Power Mac are cheaper than the competition. Nobody really competes with the mini in terms of performance in that form factor. The classic macbooks are very competitive for the features and performance they include, and ALL of them can run Windows through bootcamp or parallells (or both).

    --
    There is no contest in life for which the unprepared have the advantage.
  61. Re:Regardless of the legalities by Tubal-Cain · · Score: 1

    Try using it on a machine with more than 2 cores or try to make more than 10 simultaneous connections to it.

  62. Re:Apple particularly doesn't like things like thi by Vancorps · · Score: 1

    My anecdotal evidence has shown the G3s and G4s to be useless today. We don't even bother booting them up anymore. We finally even got rid of the dual G5 machine as it was having all kinds of hardware problems.

    I've had similar hardware failure rates with Apple as I have with any other manufacturer but it's just my experience. The atrociousness that is Apple support would seem to indicate that the hardware is reliable otherwise they would have attempted to streamline their support practices by now.

    The prices not marked up that high anymore on the low end laptops. The high-end gear is definitely marked up big time. For what you get from Apple for 10k you can do a lot better from another manufacturer. That's probably where a lot of the confusion comes from. Everyone does it though, the high end gear always has a larger profit margin to make up for the lack margin on the low-end gear.

  63. Beige Box Macs by cybereal · · Score: 1

    Beige box Macintosh computers are what nearly killed Apple in the 90's. Why would you expect anything less than nuking from orbit from Jobs on this matter?

    Afterall, it's the only way to be sure.

    --
    I read the script, and I think it would help my character's motivation if he was on fire. -Bender
  64. Monopoly..... by IHC+Navistar · · Score: 1

    Clearly, Apple has grown quite comfortable with their monopoly of the "Home Unix" -market. (I'm totally in the dark when it comes to programming, and I remember someone telling me Macs were "Unix-based", rather than PCs which are "DOS-based"). I can see where it is illegal to install Apple OS on a clone and then sell it, but there is nothing illegal about selling the computer sans installed OS and then letting the customer install it, post-sale. What Apple is doing is the same this as if Microsoft were to try to make illegal the installation of a Microsoft OS on any non-Microsoft manufactured or non-Microsoft licensed PC. In regards to the Macintosh computer and OS market, Apple *clearly* has a monopoly. PsyStar, noticing that consumers have no other alternative to Mac-format PCs is creating an alternative to Apple. Not only does Apple have a monopoly in this market, the lawsuit could very easily constitute an illegal anti-competitive action in addition to already having and illegal monopoly. Remembering the EU Antitrust circus of a few years ago, Apple could face the same thing, only the monopoly would far more obvious. Kinda reminds me of the breakup of the California energy giants and the telephone giants back in the day.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
    1. Re:Monopoly..... by Slashcrap · · Score: 1

      I'm totally in the dark when it comes to programming, and I remember someone telling me Macs were "Unix-based", rather than PCs which are "DOS-based

      Fascinating. If you don't mind me asking, what exactly was it that drew you towards Slashdot? I assume it was because you feel at home here amongst your fellow computer nerds, yes?

  65. Psystar can win this if they have enough money by Animats · · Score: 3, Interesting

    Psystar could probably win this on antitrust grounds. Apple's EULA is probably an "illegal tying arrangement" and unenforceable. But Psystar may not be able to afford the litigation. Historically, IBM lost on this antitrust issue in the 1970s, which is why there were and are IBM mainframe clones and, indeed, IBM PC clones. In fact, IBM was forced to sell their mainframe OS and applications to users with mainframe clones from Amdahl and NCR.

    The difference between this era of Mac clones and the last one was that the earlier generations (pre x86) of Apple machines had parts of the OS in ROM, which gave Apple more legal leverage. The current Apple machines are essentially Intel-based PC clones, with little or no essential Apple intellectual property inside.

    Psystar does not seem to be redistributing Apple updates. They distribute an installer which, on the client machine, downloads an update from Apple and patches it.

    Also, Psystar's web site is not down. It's just slow.

    1. Re:Psystar can win this if they have enough money by Microlith · · Score: 1

      Illegal tying is microsoft forcing their OEM licensors to include IE to the exclusion of Netscape as a monopoly.

      Basically, tying the inclusion of their browser to their OS (and its dominant position in the marketplace.)

      I'd like to see how any rational argument could be made that Apple is a monopoly in anything other than maybe MP3 players (and even there, they aren't a de-facto and abusive monopoly.)

    2. Re:Psystar can win this if they have enough money by kazdoran · · Score: 0

      Also, Psystar's web site is not down. It's just slow.

      Great job posting the link on /. once again though. Real nice.

    3. Re:Psystar can win this if they have enough money by vux984 · · Score: 1

      I'd like to see how any rational argument could be made that Apple is a monopoly in anything other than maybe MP3 players (and even there, they aren't a de-facto and abusive monopoly.)

      Its trivial to demonstrate that apple has a monopoly on OSX and OSX computers.
      Its much harder to establish that this monopoly is illegal. Indeed, its probably not an illegal monopoly.

      That said, tying doesn't require there be an illegal monopoly. It is illegal for a bank to tie your getting a mortgage to you having their credit card for example; clearly 'monopoly' isn't the issue there, as there are lots of credit cards and mortgage lenders out there. Yet it is still illegal to tie the two together.

      I'd like to see how any rational argument could be made that Apple is a monopoly in anything other than maybe MP3 players (and even there, they aren't a de-facto and abusive monopoly.)

      The argument is unessary. It can be illegal tying even without an illegal monopoly.

    4. Re:Psystar can win this if they have enough money by sessamoid · · Score: 0, Troll

      Its trivial to demonstrate that apple has a monopoly on OSX and OSX computers.

      This is a stupid argument, and I suspect you knew it. "OSX computers" is not a separate market, as practically anything that can be done with "OSX computers" can also be done with "Windows computers" or "Linux computers". If there's an interchangeable replacement, it's not a separate market.

      --
      "No, no, no. Don't tug on that. You never know what it might be attached to."
    5. Re:Psystar can win this if they have enough money by vux984 · · Score: 1

      This is a stupid argument, and I suspect you knew it. "OSX computers" is not a separate market, as practically anything that can be done with "OSX computers" can also be done with "Windows computers" or "Linux computers". If there's an interchangeable replacement, it's not a separate market.

      So what you would suggest would be the non-Apple 'interchangeable replacement' to run iLife 08 on? If there isn't one, does that, by your own argument, mean that its a separate market?

      I do get what you are saying, and agree to a point. But from a not unreasonable point of view Apple has a monopoly. Its an 'illegal monopoly', but its still a monopoly.

      Its no different than replacement parts for a car. You often have multiple manufacturers who will make a given replacement part... whether you need a timing belt or a tire or an air filter... but a lot of parts... like if you need a replacement fuel tank, your probably looking at exactly ONE vender option.

      Its not 'illegal', but -is- a monopoly on that part.

    6. Re:Psystar can win this if they have enough money by CountBrass · · Score: 1

      Yes yes and BMW have a monopoly on BMW cars and Mercedes have a monopoly on Mercedes cars and it would appear you have a monopoly on stupidity: please stop abusing it and stop posting.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    7. Re:Psystar can win this if they have enough money by vux984 · · Score: 1

      Yes yes and BMW have a monopoly on BMW cars and Mercedes have a monopoly on Mercedes cars and

      That's true but my point wasn't nearly that simplistic. Its not that Apple has a 'monopoly' on 'OSX'; every manufacturer of any even slightly differentiated product has a 'monopoly' on that self-same product.

      However, in this case Apple -also- has a 'monopoly' on computers that work with 'OSX', and is actively protecting that monopoly.

      That would be like BMW dictating that you can't install Dunlop tires on your car. Or Mercedes dictating what brand of soap you use to wash your Benz.

      it would appear you have a monopoly on stupidity: please stop abusing it and stop posting.

      Things aren't as they appear to you. Maybe if you pulled your head out of your ass you'd be able to see better.

    8. Re:Psystar can win this if they have enough money by aristotle-dude · · Score: 1
      This is not an illegal typing arrangement because it only involves one party which build the software and hardware. Take consoles for instance. Nobody in their right mind expects an Xbox 360 game to run on a PS3 or visa versa.

      Also, Apple does not have a monopoly or anything close to it.

      INAL but obviously neither are you so why don't we leave the law to the experts.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    9. Re:Psystar can win this if they have enough money by Budenny · · Score: 1

      No, its not an illegal tying arrangement. It is an illegal post sales restriction on use, and that is different. Basic point is still valid, whichever, the clause is not going to be enforceable in court. Not in the US or EC.

  66. Soooo... by ssintercept · · Score: 1

    is some hipster dufus gonna come kick my door in if i dont want to return my psystar clone? or should i start flushing it now?

    --
    "You can kill the revolutionary, but you can't kill the revolution."-- Fred Hampton
  67. Recall? by SecurityGuy · · Score: 1

    IANAL, so I hope someone with a credible opinion knows the answer to this.

    Is there a legal doctrine under which a vendor can compel the customer to return something that's already bought and paid for? Psystar says gimme, customer says no, is the game not over?

    ObWhyImAskingALegalQuestionOnSlashdot:

    Because the answer isn't important enough to pay for, I ask only out of curiosity, and won't be relying on it for anything.

    1. Re:Recall? by CountBrass · · Score: 1

      I'm not sure if or how it applies to Psystar but if you buy stolen goods then they are not yours and you have to return them to their owner. Keeping them is a criminal offence (posessing stolen goods). So yes you could be forced to hand back goods you've bought.

      --
      Bad analogies are like waxing a monkey with a rainbow.
  68. Re:apple will continue to suffer lost sales and pr by mrsteveman1 · · Score: 1

    I like how you assume Apple is losing massive sales, because clearly the entire market thinks like you do and has refused to buy a mac because of the things you stated.

  69. Not so much these days by Toby_Tyke · · Score: 4, Interesting

    It's true that you can get laptops for under $1k, but it's quite a bit harder to find a 13.3" one like the MacBook for much less

    Funny you should mention that. I've been saying for a while that when my current laptop finally dies, I plan to get a Macbook. Not for the looks, the spec or the OS, but simply because I wanted a 13.3 inch form factor. I carry my laptop around a lot, so a 17'' monster is out of the question, but I also use it as my primary machine, so an ultra portable is no use either. 13.3'' is, for me, the sweet spot between portability and usability. But no one seemed to make them except apple, so it looked like the macbook was the best option.

    Lately though, I've noticed more and more 13.3'' laptops showing up in stores. A quick search on dabs turns up these results. As you can see, they have twelve 13.3'' laptops that are cheaper than a macbook. The Toshiba U400 for example, compares very favourably with the cheapest macbook in terms of specs. The macbook had a faster processor, but the toshiba has a DVD writer and is lighter, so it's pretty much a toss up. On price though, the Toshiba trounces the apple. £498 against £699. A £200 pound difference. Looks like I won't be buying a mac after all.

    I won't get into the the relative merits and value of vista compared to OSX. I'd be formatting it and installing Linux anyway.

    --
    "I realise this is not a very popular opinion but it's the truth, and there for needs to be said" -Bill Hicks
    1. Re:Not so much these days by ProfessionalCookie · · Score: 1

      You might hit up some forums about toshiba battery life. Unless you just wanna stay plugged in (as many do), then you should be fine.

    2. Re:Not so much these days by Toby_Tyke · · Score: 1

      Actually, I'm typing this on a (very old) Toshiba, and yes, I do normally just stay plugged in. In my experience with laptops, they all have shitty battery life after the first eighteen months, so I don't normally pay much attention to it.

      --
      "I realise this is not a very popular opinion but it's the truth, and there for needs to be said" -Bill Hicks
    3. Re:Not so much these days by stiller · · Score: 1

      Sorry, I just have to ask this: Why are you formatting and installing OSX? Professionally, I'm a hardcore linux user, but I really can't see the merits of using linux as a desktop OS over OSX. Is it the principle or actual usability issues? I'm not trying to attack you here, I'm genuinely curious.

    4. Re:Not so much these days by Toby_Tyke · · Score: 1

      Well, three reasons actually:

      I just don't like OSX. I admit my experience using it amounts to a few hours in total, but I just don't get on with the GUI. And before anybody flames me, I'm NOT saying it's a bad GUI, just that I don't like it.

      Secondly, yes the principle. I'm not an RMS style zealot, and I have no problem using closed source proprietary software, but I develop OSS in my spare time, and I prefer to use it wherever possible.

      Thirdly, every other PC in the house, five in total, runs Linux. I use the same desktop config on all of them, I'm comfortable with it, and don't want to have to switch between two different GUIs.

      --
      "I realise this is not a very popular opinion but it's the truth, and there for needs to be said" -Bill Hicks
    5. Re:Not so much these days by ProfessionalCookie · · Score: 1

      My MacBook is around 18 months and I can still squeeze 4 solid hours out at high brightness with WiFi and web browsing. That's pretty much the only reason I keep it around ;)

    6. Re:Not so much these days by stiller · · Score: 1

      Those are some pretty valid reasons, if you ask me. I would just suggest to give it another go, if you decide on the macbook. It won me over in about a week. On the other hand, if you're that comfortable with your existing desktop setup, it probably won't make a difference.

  70. I guess I had better buy a mac clone by harshmanrob · · Score: 0

    If I buy a mac clone, am I fighting against the machine Jobs claims to be fighting against?

  71. Re:into a different game... Re:IBM PC by just_forget_it · · Score: 1

    I don't think Apple could whether a storm like this like IBM could. Keep in mind that IBM is an extremely diversified company. They existed before the personal computer. Their core business is and always was machines for the enterprise market, not PCs. When the clones outshined the real thing, IBM had many other markets to fall back on.

    Apple on the other hand was built on solely the personal computer market. That's where their foundation is. Though the iPod and iPhone are popular, there is no way Apple could survive on those products alone. Mac is their core business. If they lose their supremacy to cloners, they're sunk.

  72. Hate to step on anyone's misinformed toes but, by Tibor+the+Hun · · Score: 0, Troll

    One thing to remember is that Apple sells and supports a whole experience.
    That includes stuff like easy setup of an audio/video chat client.
    How do you plan to do video chats with your buddies on an all-in-one machine from psystar?

    Well, if you can't, then you're not getting the Apple experience, and I don't blame Apple for protecting their business model.

    On the more important side, I do hope to see a rulling on shrink-wrapped licenses. But whether it will get to that or not is beyond my law knowledge.

    --
    If you don't know what AltaVista is (was), get off my lawn.
  73. Going AC to avoid the Troll by Anonymous Coward · · Score: 0, Insightful

    Guys why does it drive you so nuts that Apple won't do what you tell them to? It's called a free market and it's their business. Don't like their conditions? Then don't buy one of their computers. If you want an OS structured the way you want then why don't you get together with a bunch or your friends and build one.....Oh wait, already done, it's called LINUX! Just because Steve Jobs doesn't want to release a standalone OS doesn't make him the antichrist. It's only computer geeks that think that way. The average person barely notices. My business partner was in an Apple store a week before the new iPhone came out and he was stunned because it was packed on a week day. People were buying everything from iPods to high end desktops. His business model is working and Microsoft's growth is flat and they are loosing ground to Mac because it appeals to the average user. Chill out, crank up your Linux system you hand built and be happy.

  74. shouldn't be too hard... by TheAngryIntern · · Score: 1

    they'll have to recall, what, all 5 that they sold?

  75. no Apple... by Anonymous Coward · · Score: 1, Interesting

    This "lock-down" mentality of Apple is my main reason for never owning any of their equipment. One manufacturer, one source, one single point of failure. So no Apple][, no Lisa, no Mac of any generation, no iMac, iPod, iPhone or i-anything. Ever. Period.

    1. Re:no Apple... by base3 · · Score: 1

      The Apple ][ wasn't very locked down--there were 3rd party operating systems, peripherals, and an open bus that AFAIK Apple didn't sue anyone who made expansion peripherals for. Their "walled garden" started with the Mac.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:no Apple... by SoupIsGoodFood_42 · · Score: 1

      Really? To some of us, that's the appeal, because it seems to be a good business model when it comes to making a reliable computer system. My data isn't locked down, and that's all that matters to me. When I had a PC, I was locked into whatever bus, CPU, or RAM systems I had at the time. And more importantly, some of my data was locked down (luckily, not too well).

  76. psystar website up again by saveonweb · · Score: 1

    It seems they are back in business. Also, they claim that the Leopard OSX in not modified. And the price for the open computer with pre-installed mac seems to have gone up to $554 from $399.

  77. Re:Apple particularly doesn't like things like thi by Anonymous Coward · · Score: 0

    Keep in mind the dell system still has more ports and expansion slots allowing you to upgrade. The ability to expand is a feature that the iMac lacks to a serious degree. So, the dell system still has more value added to the equation. Beyond that, who buys pre-built systems these days anyway? If Apple allowed people to custom build their own machines, I wouldn't mind them charging a markup, however, they don't give us that option (well, legally), so I have a problem with it.

  78. Re:Apple particularly doesn't like things like thi by just_forget_it · · Score: 1

    Typically with Apple the more high-end you go, the more competitive the price is. Expensive computers can have a more comfortable margin built into them. That's why the Mac Pro and Macbook Pro are so competitively-priced, but in the Mac Mini realm you can get way more power for the same price.

  79. Software vs. Hardware by deanston · · Score: 1

    Hardware that you purchase and possess outright, you can do what you want with it. Proprietary software is the Intellectual Property of the IP owner. You are unfortunately only licensed to use it according to the EULA you must agree to BEFORE you use. If you do not agree, you do not get to use it. Think of it as a lease or a rental. Copyright protection exists so someone cannot take your creation and dictate to you how you should offer it as a product or make money on it without giving you a cut. This has larger ramification than just for Apple. Who should get to decide how you should sell your software, application, music, and writing? To twist this around, if you can argue a proprietary use term is unreasonable, what is stopping MSFT from copying everything from Linux and then close it by arguing the GPL terms are unreasonable? To protect Copyleft, unfortunately you must also protect Copyright. It's one thing to let authorized resellers also retail your product. Long time Apple fans know you can go online to a retailer like MacConnection, and get a Mac for a lot cheaper, without Psystar messing with the legality. If Psystar was installing AIX/HP-UX/SolarisSPARC on hardware it assembled without the explicit permission from IBM/HP/Sun and not sharing any profit with them, would anybody think Psystar's action should be permissible? (The sarcasm here, of course, is Why would you want AIX/HP-UX/Solaris on consumer boxes?)

    1. Re:Software vs. Hardware by ssintercept · · Score: 1

      i really dont get it. i print out EULA's and keep 'em by the toilet to wipe my ass with. Seriously, if i buy a product (whatever it may be)- it is mine. to do with as i please (forgoing piracy et al). wonderbread doesnt tell me what kind of toaster i have to use to toast their bread. if you dont like how i (the end user) am going to use your product- dont sell it to me. i am not leasing or renting anything from apple or microsoft no matter what they want you to believe. i am not condoning or advocating psystar's actions- i am venting about the whole EULA bullshit. WOW! glad i got that off my chest. when i am done with my macbook is lil stevie gonna come and get it and give me my deposit back? (its a rental according to the EULA). or is ballmer gonna kick my door in cause i installed vista on the dell and i only rented the XP install disc according to his amyl nitrite addled ass? what pimple faced geek at best buy is gonna ask me if i agree to the EULA before i plunk down my money? NONE! not a fucking one. SO print out them EULAs and wipe my big fat hairy ass! Have a nice day.

      --
      "You can kill the revolutionary, but you can't kill the revolution."-- Fred Hampton
    2. Re:Software vs. Hardware by bnenning · · Score: 1

      You are unfortunately only licensed to use it according to the EULA you must agree to BEFORE you use.

      You don't need permission from the copyright holder to run software that you've purchased, any more than you need permission from the copyright holder to read a book that you've bought. (At least, that's what common sense would suggest. Sadly as the recent Blizzard case showed we have technologically illiterate judges).

      Think of it as a lease or a rental.

      Why? I walked into a store and paid for a product. There was no contact between the copyright holder and me. That's a sale.

      Who should get to decide how you should sell your software, application, music, and writing?

      Me. But after I sell a copy, I don't get to dictate how it's used. Copyright law prohibits the buyer from copying and redistributing it, but that's the exception and not the rule.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    3. Re:Software vs. Hardware by deanston · · Score: 1

      I agree with some of what you guys are basically saying, if only software was easily comparable to a printed book or a pressed vinyl. Sure you do not need permission from copyright owner to use a product, but the product manufacturer protects its interest by having you agree to the EULA. Legalese is legalese. Once you clicked on Accept you are bound by it in spirit, whether the seller enforces it or not. There are software+data systems that restrict the number of concurrent users by its license term. Sure you can violate it if you want to, but your company is liable under the law (not illegal copying and distribution, 1 copy running on server, but more concurrent connection than EULA allows). Obviously we wouldn't be discussing this if Apple products suck, and to reach the success it has today (still 10% desktop minority), all without 3rd party licensees help, Apple has always defined the whole product as the combination of both hardware and software, and developed them together. Is there something wrong with that? Commoditize OS X will not upset MSFT's PC monopoly. All it will do is create more Vista end user experiences. Today we think of OS as completely separate from hardware, but what if Apple says enough and make it the only way to get OS X is buying it pre-bundled on a Mac hardware? And the only way to get updates is through some proof you already own a Mac? Do people want to see Apple lower the price on hardware but raise the price on the OS DVD sales? I get that the rising popularity of OS X is good for overall PC consumers, but what is wrong with a company saying that we rather you not buy OS X if you don't get a Mac? Is that so crazy? Psystar is not a victim, isn't really helping Apple customers, and isn't contributing to the development of OS X by ripping Apple off.

  80. Re:into a different game... Re:IBM PC by Darkk · · Score: 0

    Yeah, I can see it now... Apple coming out with iPOS.

  81. Psystar is up by coyote4til7 · · Score: 1

    Psystar's website is up and has been on and off this whole time. It looks like they're getting so much traffic in bursts, their server can't handle all the requests.

    --

    the clock on the wall says 4 til 7
  82. Re:into a different game... Re:IBM PC by mixmatch · · Score: 4, Informative

    Though the iPod and iPhone are popular, there is no way Apple could survive on those products alone. Mac is their core business. If they lose their supremacy to cloners, they're sunk.

    On what do you base this assumption? This article is old, but it shows an opposing point of view:

    Leading the charge for Apple was its line of iPods, with the company shipping 21 million of the market-leading devices during the quarter, a 50% jump from a year ago. Sales of the device accounted for $3.43 billion of the company's revenue, or nearly half the total.

    Apple's total number of iPod sales now stands at about 90 million units since the device first went on sale in October 2001.

    "After five years, the iPod is still going strong," said Shaw Wu, an analyst with American Technology Research. "It's still a very popular product." Wu holds a buy rating on Apple's stock. The results show that demand for Apple's products remains strong despite stepped-up competition from rivals such as Microsoft Corp. (MSFT: Microsoft Corporation News, chart, profile, more Last: 27.26+1.10+4.20% 4:12pm 07/16/2008 Delayed quote data Add to portfolio Analyst Create alert Insider Discuss Financials Sponsored by: MSFT 27.26, +1.10, +4.2%) , which is pushing hard to boost its share of the digital entertainment market with a new handheld media player and other consumer products.

    "The iPod sales were shocking," said Gene Munster, of Piper Jaffray. "And the earnings power of this company is reaching record levels."

    Macintosh computer sales also surged, rising 40% to $2.4 billion, while Mac shipments rose 28% to 1.61 million units, more than double the growth of the overall PC market. The Mac results were a slightly below many analysts forecasts, as several had expected Apple to sell between 1.75 million and 1.8 million Macs during the quarter.

    However, Munster, of Piper Jaffray, said the holiday-quarter Mac sales needed to be taken into context, and were actually solid because they remained almost in line with Apple's September quarter results, which is when Apple sees strong back-to-school PC sales.

    "People give iPods for Christmas, not computers," Munster said.

  83. Cowardly Apple by Nom+du+Keyboard · · Score: 1

    Once again Apple shows that they can't really compete in a free market, and only survive through lock-ins. And that Steve Jobs is greedy for every single penny he can get.

    As a result, continue to expect to pay the highest prices for what has become commodity PC hardware.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  84. Hello; you don't need a Psystar by mmxsaro · · Score: 1

    This is still illegal according to the EULA in OSX, but...

    1) Purchase a copy of Mac OSX. While this won't help the legality issues, it'll certainly put you in the grey zone. Or just visit your friendly torrent tracker. Look for "kalyway". Cough.
    2) Visit OSX86 Project and take a look at the many installation guides available. Make sure your hardware is supported (it probably is) and that all the kexts (Kernel Extensions) are readily available for you to install.
    3) Install Leopard.
    4) ???
    5) Enjoy a BSD-based OS with a pretty GUI.

  85. Re:apple will continue to suffer lost sales and pr by onecheapgeek · · Score: 1

    Design a product? Are you serious?

    I have an idea. Let's take the generic motherboards they use in, say, any of their machines, and put them in a little bit different case. Let's slap a Core2 Duo in it and a couple gigs of ram. Add a nice 250 or 300 GB hard drive and a real video card.

    Sell it for $800 or so.

    I'd buy that. I won't even think about buying a Mac as things stand now.

  86. Re:into a different game... Re:IBM PC by Anonymous Coward · · Score: 0

    Yeah, I can see it now... Apple coming out with iPOS.

    IPieceOfShit?

  87. Cheaper?...Uhm..No. by UnkyHerb · · Score: 1

    By "Commodity hardware", I'm guessing you mean, PC hardware? I don't know where or when you checked, but no, they are not even somewhat close. PC hardware is MILES cheaper.

    Also, "you can't get a Mac without the bells and whistles." If you mean't hardware bells and whistles, then I don't think that statement is true. Have you looked at the peripheral components (everything besides CPU), of the apple laptops and computers? SMALL hard drives, low ram, crappy video cards, etc. Go on apple.com and newegg.com and do a comparison, you pay at least 2x as much for apple hardware, if not much more.

    --
    Your Momma's so fat she makes emacs look like nano!
    1. Re:Cheaper?...Uhm..No. by SanityInAnarchy · · Score: 1

      No, by "bells and whistles" I specifically mean features like the magnetic power cable, a modem (who needs a modem now anyway?), bluetooth, firewire, DVI (or minidvi) output, a webcam...

      Eventually, it starts to add up.

      --
      Don't thank God, thank a doctor!
  88. Re:Apple particularly doesn't like things like thi by base3 · · Score: 1

    Please point me to the $100 commodity laptop which does all the things a MacBook does (except for OS X), because I think that would be a great deal, and would buy one.

    Please read the word "desktop" in my post. The laptops are boutique-priced too, but not by $1,000 like the desktops.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  89. Re:Apple particularly doesn't like things like thi by nsayer · · Score: 1

    Keep in mind the dell system still has more ports and expansion slots allowing you to upgrade.

    Yes, those parallel and serial ports on the back and the FDD connectors on the motherboard really do make all the difference.

  90. Re:Apple particularly doesn't like things like thi by xtracto · · Score: 1

    Lol... modded -1 Revenge of the Apple zealots

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  91. Re:Why, by ssintercept · · Score: 1

    i should have RTFA then. i wouldnt have worked myself into such a tizzy then. whoops nevermind.

    --
    "You can kill the revolutionary, but you can't kill the revolution."-- Fred Hampton
  92. Re:into a different game... Re:IBM PC by HardCase · · Score: 0, Offtopic

    I don't think Apple could whether a storm...

    "Weather". I know, I could of left it alone, but I'm sure that its bothering alot of people.

  93. mmm not reading much these days I see. by Anonymous Coward · · Score: 0
    I'd support your +5 insightful, but it's patently obvious that you haven't read this or any other article surrounding this complaint.

    This is not a complaint which is leaning on the EULA's legality - it will be leaning on case and trademark law.

    You see it turns out that modifying software then reselling it as the bona fide real thing isn't such a great idea in the world of intellectual property and trademark law. Now add a week of sales using the "mac" trademark and you've got yourself plenty of reasons for why apple will have enough legal clout to ask for a recall to be granted.

  94. Re:into a different game... Re:IBM PC by rad_chad · · Score: 5, Funny

    I don't think Apple could whether a storm...

    "Weather". I know, I could of left it alone, but I'm sure that its bothering alot of people.

    I know, I could "have" left it alone, but I'm sure that "it's" bothering "a lot" of people. You should have left it alone.

  95. Re:Apple particularly doesn't like things like thi by drsmithy · · Score: 1

    I have a 450 Mhz G4 tower that's still running nearly unmodified, and still generally useful, nearly 10 years after its original purchase.

    A similarly aged PC is just as useful (probably more so, because it will be faster not only by virtue of raw hardware specifications, but also by running a less resource-intensive, yet still quite capable, OS).

    Whether or not people choose to continue using such old hardware is a completely separate issue. It's easy to see why they wouldn't bother, though, when a _laptop_ nearly an order of magnitude faster only costs around US$700 today.

  96. Re:Apple particularly doesn't like things like thi by drsmithy · · Score: 1

    If you really want to bitch about premiums, then let's stop bullshitting here and talk about Vista MSRP. Those prices make OSX look like a bargain.

    Except that's a completely invalid and stupid comparison.

  97. Re:Apple particularly doesn't like things like thi by DrgnDancer · · Score: 1

    I just did an Apples for Apples (ha) buy of an Apple Mac Pro and a Dell Workstation. There is premium, but it's not all that bad. We're building test boxes for high end graphics design and programming to see which will perform better. Spec follow:

    2 Quad core 3Ghz CPUs (The Macs have Xeons, but the Dells don't. This is one the few real differences. It explains part of the price difference)
    16 GB RAM
    Nvidia Quadro 5500
    Hardware RAID with 3 300GB SAS drives.

    There is approximately $1000 difference in the price. Probably $5-700 of that is the two Xeon CPUs vs non. So there's a $3-500 premium on a roughly 10K box. Not nothing, for sure, but not horrible. Having said that, I'd likely have chosen smaller drives had Apple offered them, and clearly don't think I really need Xeon CPUs. At least part of Apple's "Premium" is in refusing to let you get less than the highest end hardware in many cases.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  98. Your License Please by not_hylas(+) · · Score: 0, Troll

    Offense:

    Psystar = Stolen Identity
    Power Computing = Speeding

    Your License Please - Power Computing:

    http://www.streamstudio.com/images/pcc_6lg.jpg

    Low End Mac:

    http://lowendmac.com/orchard/07/0220.html

    Quit yer bitchin': Used Macs

    http://www.macofalltrades.com/

    --
    ~hylas
  99. Re:Apple particularly doesn't like things like thi by MojoStan · · Score: 1

    It's true that you can get laptops for under $1k, but it's quite a bit harder to find a 13.3" one like the MacBook for much less.

    Dells and Sonys are both >$1k

    Yes, the other brands have seemed to be reserving this "newish" form factor (compared to 12.1", 14.1", and 15.4") for their mid-to-high end notebooks. For a while, Apple seemed to be the only brand that offered this size for their low-end notebook (but not for their high-end until the MacBook Air). For example that $1000+ 13.3" Dell is the XPS series, which has some features and options that many 13.3" seekers don't want.

    BTW, Dell does now offer a low-end 13.3" notebook: the Dell Vostro 1310. Starts at $750 (Conroe-based Celeron, Vista Home Basic, 1GB RAM, Combo Drive) with many optional upgrades. When shopping for Dell notebooks, don't forget their "business" sites.

    --
    TO START
    PRESS ANY KEY

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

  100. Reacall...no thanks! by motang · · Score: 2, Interesting

    They can recall all they want I don't think the ones who bought the machine are obligate to return the unit. Correct me if I am wrong, but once a consumer buys a product it is theirs and the maker of that product doesn't really have any authority as to say what the consumer wants can and cannot do with it, not even ask them to return it (if it's not a safety issue) as the consumer paid for the product. At least that is the way I see it.

    1. Re:Reacall...no thanks! by gnasher719 · · Score: 1

      They can recall all they want I don't think the ones who bought the machine are obligate to return the unit. Correct me if I am wrong, but once a consumer buys a product it is theirs and the maker of that product doesn't really have any authority as to say what the consumer wants can and cannot do with it, not even ask them to return it (if it's not a safety issue) as the consumer paid for the product. At least that is the way I see it.

      Let's say I sell a package consisting of a DVD player and ten DVDs. Unfortunately, the DVDs are all pirated. You buy a package. Then the copyright holders find out, sue me, and get a complete list of my customers. Do you think you have the right to keep the illegal copies?

  101. Re:Apple particularly doesn't like things like thi by moosesocks · · Score: 1

    Not to turn this into a flamewar, but the G4s of that vintage Benchmarked significantly faster than their Pentium counterparts at the same clockspeed, and could address up to 2GB of RAM, which was a ridiculous amount in 1999.

    I still use it because it's perfectly adequate for what I need it for. Although Apple succumbed to a great deal of bloat in 10.5, OS X runs remarkably well on older hardware.

    I'm running 10.3 on that machine, because there's not much I do on it that would benefit from a new version (and mainly because I'm too lazy to upgrade).

    Unlike Windows, and like Linux an OS X installation doesn't get "stale" after a while, and continues to run perfectly adequately. Although I don't use the machine to encode video, it's perfectly capable for day-to-day tasks.

    In fact, I had a big video editing project a year or two back that required the use of several machines at once. Remarkably, Final Cut Pro has absurdly modest system requirements. Although encoding and rendering complex effects was predictably slow as a dog, the main interface remained as fast, snappy, and useful as it was on the top-of-the-line G5s I was using.

    If you're not doing super-CPU-intensive tasks, old macs tend to do reasonably well.

    Failing all that, they make fantastic Linux boxes if you can live without Flash. Add UbuntuPPC and XFce, and you've got yourself an even faster, and still quite capable machine.

    A surprising number of "Classic" Macs are still out there and still being used, although even I consider that a bit extreme.

    --
    -- If you try to fail and succeed, which have you done? - Uli's moose
  102. Polish can be innovative by Foerstner · · Score: 1

    Innovation is 90% efficiency solar panels or 100 MPG cars .
    No, that's not innovation, that's implementation. Being able to say, "Mine goes to 11!" is a nice feat, but it's nothing new.

    On the other hand, taking an existing, underutilized or unattractive technology out of the lab (say, microprocessor-based computers...or Unix...or multi-touch interfaces) and turning it into something simple that Joe Schmoe can take look at and say, "Hey, I could use that!" is innovation. It's not the same degree of innovation as the conception of the first microprocessor, or Unix, or multitouch interface, but finding the first practical function for a geeky technology is far beyond what most engineers or product designers do.

    --
    The US free market: two halves of a government-granted duopoly are free to set the market price.
  103. Woah there.... by Anonymous Coward · · Score: 0

    ... You're getting ahead of the story. That's episode 4. This is episode 2: Attack on the Clones.

  104. Re:into a different game... Re:IBM PC by Anonymous Coward · · Score: 0

    If anything deserved a "whoosh", this would be it.

  105. Re:Apple particularly doesn't like things like thi by drsmithy · · Score: 1

    Not to turn this into a flamewar, but the G4s of that vintage Benchmarked significantly faster than their Pentium counterparts at the same clockspeed, and could address up to 2GB of RAM, which was a ridiculous amount in 1999.

    Ah, but in 1999, PCs were also available in significantly higher clockspeeds (up to 800Mhz, from memory) and dual-processor configurations. A mere 6-12 months later and you're looking at 1Ghz+ boxes (I still have a dual ~900Mhz machine dating from 2000 - with a new (and dirt cheap) video card, it even ran Vista usably and with full functionality).

    I still use it because it's perfectly adequate for what I need it for. Although Apple succumbed to a great deal of bloat in 10.5, OS X runs remarkably well on older hardware.

    OS X runs like a dog on anything less than a G5, IMHO (and even my mum's iMac G5 stutters more than I like). That's the latest and greatest OS X, as well. Back before 10.4 it was *much* worse.

    If you're not doing super-CPU-intensive tasks, old macs tend to do reasonably well.

    So do old PCs (better, if anything, for reasons stated previously).

    A surprising number of "Classic" Macs are still out there and still being used, although even I consider that a bit extreme.

    I know, I own a few myself. That does not change my point that from an objective perspective a PC ages just as well as - if not better than - a Mac. Historically, Windows is kinder to older hardware than OS X has been (even Vista).

  106. Re:into a different game... Re:IBM PC by anexkahn · · Score: 1

    so, I guess Apple would get back into the fruity party of their business?

    --
    Curious about Storage and Virtualization? Check out
  107. Vote with your dollars. by suck_burners_rice · · Score: 2, Interesting

    I don't think anyone with a /. UID thought that this Mac clone company would last very long. I'm surprised they lasted as long as they did. Think this is unfair? Hey, Mac OS X is Apple's product; it's a great piece of software despite its shortcomings; and, yes, to run it, you need a Mac, made by Apple. They do this to guarantee that it runs the way they tested it in the lab. On other hardware, OS X might rock equally well or it might be the suxx0rz, Apple has no way to know or to control that outcome, so they prevent it from running that way. You can take it or use the alternative, which is a computer made by anyone of your choice, running your choice of Linux, the *BSDs, Windows 2000, XP, Vista, or Server 2008 modified to function as a workstation per the instructions given in another /. story earlier today. Vote with your dollars!

    --
    McCain/Palin '08. Now THAT's hope and change!
  108. the axi$ of evil by prennix · · Score: 1

    does this mean Apple is as evil as M$?

  109. Re:Regardless of the legalities by iminplaya · · Score: 1

    It was pretty clear from the start that the machine is substandard. Looks like a few mods got burned and are taking it out on me. I would like to run OS X on a Dell with 64GB of RAM though. That would mean something. But it would be "against god's will" or some such garbage.

    --
    What?
  110. Apple, Microsoft, just don't get it by nexttech · · Score: 1

    There is a whole new breed of computer users. These are the ones who have realized that you don't need to spend alot to use the internet. These are the consumers that have purchased the gPC, the Asus laptops and the Psystar computers. The only mistake Psystar made was in offering the Apple OS to users. These make a great platform for linux. All I see coming from Microsoft and Apple is more eye candy not better products

    Apple does not want lower class computer users

  111. Doctrine of First Sale by celtic_hackr · · Score: 1

    There was a recent case that upheld the doctrine of first sale.

    If :
    1) there is a way to get the Leopard OSX OS without hardware, and
    2) Psystar bought valid licenses (as opposed to installing the same one over and over), and
    3) Psystar isn't the End User,

    then I see no wiggle room for Apple - and they lose.

    While I appreciate Apple's concern for maintaining a certain quality level, they lost that opprotunity some time ago by being such frigging jerks about letting others build MAC clones (you know like a franchise operation or something).

    I hope Psystar, is on the up and up with what they did and they mash Apple up.

    1. Re:Doctrine of First Sale by rizzo320 · · Score: 1

      The software that's on the computer is not a valid license. When you buy from Psystar, you are buying a PC with OS X installed, along with a sealed copy of Leopard. How can your "valid" licensed version be on the computer if you received a sealed box?

      There's plenty of wiggle room here. Apple didn't wait several months just because they're slow. Get ready for Psystar to get skull-f@#$ed.

    2. Re:Doctrine of First Sale by MBGMorden · · Score: 1

      You don't have to open a pack of software to render the license valid. You merely have to possess it. For most business IT departments for example, they'll buy tons of licenses (usually not even individually wrapped - 1 piece of paper can license hundreds of copies) of software and then do all their installs off of a single piece of media. As long as a copy, shrinkwrapper or not, is provided, then it's a valid license.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    3. Re:Doctrine of First Sale by rizzo320 · · Score: 1

      You don't have to open a pack of software to render the license valid. You merely have to possess it. For most business IT departments for example, they'll buy tons of licenses (usually not even individually wrapped - 1 piece of paper can license hundreds of copies) of software and then do all their installs off of a single piece of media. As long as a copy, shrinkwrapper or not, is provided, then it's a valid license.

      Yes, but that's because the license they buy allows them to do so, and install from one media source. That's part of the arrangement between the software company and the end user when the license is purchased. Where is the arrangement that Apple has with Psystar when they purchased the software that allows them to do this?

      By this reasoning, your recognizing that the stipulations that are attached to software licenses and EULA's are valid. That's why the IT department will buy a site license for software- because the license allows them to do what they need without modifying the software. If your IT department decided to buy 50 individual copies of software, then crack it so they only had to use one serial number, then distribute it to computers, then provide the user with a box (with a different serial number), then the department would still be subject to civil action by the software company. You did not use the software in the manner that the license was agreed upon.

      Psystar is taking a retail boxed copy of Mac OS X, modifying it, and then installing it on computers they sell. Several portions of the operating systems have been modified in a way that violates Apple's software license. Then Psystar gives you a boxed copy and says "hey this covers the license". However, the license doesn't cover the changes that have already been made to the computer. You do hold a valid license, but not for the software you are using. You basically now possess two copies of Mac OS X- one distributed and modified without permission (and invalid), and one legal version, not currently in use.

      A way out of all of these licenses and EULA's is that you have the right to a refund if you don't agree to them. Apple should offer to take the retail boxed portion of the purchase and offer a return/refund for the copy of Mac OS X they own. These folks never agreed to the license, and I feel have the right to get a refund from Apple. Psystar should still be shut down through civil action.

  112. Re:into a different game... Re:IBM PC by Anonymous Coward · · Score: 0

    they are also huge in the video game market

  113. Re:apple will continue to suffer lost sales and pr by jmorris42 · · Score: 1

    > If you look at Apple's desktops, they operate in very niche markets.

    Of course one reason they only operate in nice markets is because they only make products to fit odd market niches. If they sold a mainstream machine they just might find a mainstream audience for it. It's possible ya know.

    Seriously. If Apple sold a mainstream desktop and sold it at close to a mainstream price (say $200 over a Dell/HP/etc) they just might up their market share a few points. Of course they have no intention of doint it so the question is purely academic.

    They seem determined to stay in single digits in the total installed base count. I'm guessing they fear losing Microsoft Office if they ever break an unwritten deal they made iwth the devil. Or perhaps they fear losing the Apple Faithful if they ever 'sold out' and courted the great unwashed, i.e the Faithful wouldn't be special anymore and would find some other obscure fetish item to worship.

    --
    Democrat delenda est
  114. This isn't an issue of freedom, man. by kklein · · Score: 1

    PsyStar is not in trouble for making OSX-compatible PCs. They are not in trouble for selling Leopard. They are in trouble for the following:

    • Using a software hack to install OSX on non-Apple hardware, and then selling said hardware, in gross violation of the license.
    • Downloading Apple software updates and cracking them for re-distribution, in gross violation of copyright law
    • Being brazen and unapologetic morons in the face of one of the most litigious companies on Earth and being smug about it

    This isn't about whether you're allowed to buy a copy of Leopard and install it on your Hackintosh. Apple doesn't care about the x86 project. It generates interest in the platform and hurts no one and costs nothing because they don't have to support it and the onus of making anything work lies solely with the hobbyists doing it for the fun and coolness of it.

    This is about whether another company can make unlicensed Mac clones and sell them and support them in violation of all sorts of laws and licenses. It's not about out-selling them. It's about violating their licenses and copyrights with no benefit to them at all.

    Apple can charge very little for its OS, because it knows it's making money on the hardware it's going to be installed on. This is a good deal for everyone. Apple hardware isn't much more than other OEM builders for what you get (and that's just on specs--that doesn't include the best-designed OEM case I've ever seen on my Mac Pro or the remarkable attention to detail I've found in every nook and cranny of that thing), and then your OS costs a third of what a copy of Vista does, and doesn't do a bunch of bullshit to make sure you're not a filthy pirate (even though I own two licenses of XP, I install cracked corporate versions because they don't whine at me all the time and make me call MS when I upgrade hardware). It's a whole package that provides value to the customer and keeps money coming into the company. It's just plain old economics.

    I am planning on making my next Mac a Hackintosh. That looks fun and interesting and cool, from a hobbyist standpoint. But I also hope Apple succeeds in suing PsyStar into the stone age. People like that are going to make it necessary for OSX to incorporate bullshit hardware authentication schemes like Windows, which is going to kill off the Hackintosh community entirely. Apple doesn't want to piss off the geeks (like me) who are really starting to get into OSX. PsyStar having its ass handed to them is good for everyone.

    1. Re:This isn't an issue of freedom, man. by Budenny · · Score: 1

      What the Psystar site says is that the updates are downloaded from Apple. By the user. Using a scripted installer supplied by Psystar. Its not at all clear that there is anything unlawful in that. Its probably not even against the license terms. Does it say anyplace in the license that when updating your system, and downloading the updates from Apple, you are forbidden to make use of any third party scripts? If it did, do you really think this would be enforceable? Its not the same thing, but consider the case of slipstreaming updates into your XP installation disk. Is that unlawful? There are real similarities. This is a lot more complicated than you may think.

    2. Re:This isn't an issue of freedom, man. by kklein · · Score: 1

      You raise a very good point. Obviously, MS includes the code to do slipstreaming (and thank the gods for that) and Apple does not, but it is a fair point, to be sure.

      Still I think it's going to come down to the fact that they are are a company deliberately circumventing software restrictions on what can be installed on what, and doing it for a profit. This could be a DMCA issue (ugh... Am I actually arguing FOR a DMCA case? What's wrong with me?).

      I don't have any doubt that Apple will win this handily, and I think it's actually better for everyone if they do. But if PsyStar can raise an interesting enough case to get something down in black and white about the enforceability of EULAs, that would be a good thing, too.

      It's an interesting case, but I also don't think it has that much to do with freedom (man). Apple doesn't care if you hack their software to work on unsupported hardware; they just don't want you making a buck doing it.

      ...I hope.

    3. Re:This isn't an issue of freedom, man. by Budenny · · Score: 1

      Yes, it is true that they are deliberately circumventing software restrictions on what can be installed on what. And also that they are doing it for profit. But I doubt there's anything unlawful about that. When you try to restrain what people install your software on (or pay others to install on), you are trying to tell them what to do with your software after you have sold them a copy.

      The argument will then be made, its not a sale but a license. I don't think this will hold up. You go into a store, and you buy two CDs. One has a copy of Idomeneo on it, the other a copy of OSX. Both are boxed. Both, your financial obligations to store and manufacturer are at an end the moment payment is taken. This is a sale.

      This is why it is a freedom issue. It concerns your freedom to use your purchased goods as you please. After the sale, the vendor has nothing to say about it. I'd go further. Apple has no more right to tell you what you may or may not install your copy on, than anyone else has. Like, MS has just as much right to tell you what to do with it (ie none) as Apple.

      If the EULA clause forbidding incorrect uses were to be upheld, then we would see all kinds of clauses about use proliferate. We would, for instance, see conditions of sale which prohibited the use of DIY tools in way of trade. It may seem absurd, but it would be the same principle. MS could lawfully prohibit the use of Wine to run Office. You could undertake, whenever you bought a car, by condition of sale, to only use genuine GM parts for the rest of that car's life.

      I agree with you, that Apple likely does not care about hackers but about companies. However in law, is there really a difference? I do it, I pay someone to do it, what's the difference, if the prohibition is not valid in the first place. There is nothing to stop anyone buying retail copies of anything else and then selling them. Well, there is one exception in some states: liquor. But it is made an exception and its a condition of a liquor license which is ongoing, and there are public policy reasons for it. Generally there is nothing to stop me buying goods at retail, packaging them with other goods, and then selling the ensemble, perhaps including some service.

      I can, for example, buy a copy of Windows at retail, and then sell it with a computer. MS offers OEM discounts, but there is nothing legal to stop me doing the first, if I could find customers.

      So where we will end up on this, if Apple wins this one, is that someone will just start shipping machines preloaded not with OSX, but with a preinstalled boot script which will boot the machine up and then use an off the shelf copy of OSX. This is something that will be quick, easy and cheap, and it will be sold with the slogan 'Ready for you to install your copy of Mac OSX'. Maybe you'll then be given a link to Amazon to buy OSX. Or maybe they will pass the order on for you if you check a box.

      If people really want your OS, but they really do not want to buy your hardware with it, and if the process of installing your OS on different hardware is more or less automatable, and if you sell your OS at retail without your hardware, you have, long term, a broken business model. It is not going to be enforceable. The best you can do is adapt and make it as least damaging to your reputation as possible. Turning yourself into the RIAA is not going to either stop it or help your reputation and image. Just about the only thing to do is go with it.

      The thing that Apple has to fear more than anything else is that this suit ends up firmly establishing it in the public's mind as controlling, authoritarian, tied up in knots with DRM and so on. Once the image has gone, its dead.

    4. Re:This isn't an issue of freedom, man. by kklein · · Score: 1

      Nice post.

      I suspect PsyStar would have been fine if they had sold "OSX-ready" PCs that you could install Leopard on, as you suggested. That's not what they did. They sold unlicensed clones.

      As for Apple being dead if it lost its image... That's just the normal Slashdot line that basically indicates that the Slashdot demographic is nothing like most of the world. People may walk into the store for the image, but they buy and continue to buy because they are solid products that work really, really well. I don't feel cool when I use my Mac. I feel productive. I feel like, "hey, this thing hasn't been rebooted in months and still works right," and "hey, this thing doesn't bother me with any obtrusive messages telling me this and that" and "hey, this thing ships with software accessories that I actually use, because they do something for real." I think most people 'round here anyway don't have any illusions about Apple's benevolence. They are ruthless. But they also make a great product. MS is ruthless, and then somehow manages to make crap.

      Bah, this isn't going anywhere. I understand your points, but I think a common-sense reading of this situation can only come down on Apple's side. This company was making unlicensed clones by circumventing code. It's illegal.

      I just hope you're wrong about the rest. ;-)

  115. Re:I am keeping mine! Ha, ha, HA! by lancejjj · · Score: 1

    I am keeping mine! Ha, ha, HA! Take that Stevie!

    Whoa, you actually BOUGHT one of these? You do know that it is just cheap generic hardware with a specially modified, over-priced copy of OS X, right?

  116. Re:Apple particularly doesn't like things like thi by Anonymous Coward · · Score: 0

    If you really want to bitch about premiums, then let's stop bullshitting here and talk about Vista MSRP. Those prices make OSX look like a bargain.

    Except that's a completely invalid and stupid comparison.

    Really? I don't exactly see Apple forcing differentiation of features by way of OS versions as deep as a 7-layer salad?

    Besides, if you really want to analyze pricing this deep, then back off the macro lens and take a look at supply and demand. The price? Simple. Because they can.

  117. Re:Apple particularly doesn't like things like thi by GaryPatterson · · Score: 1

    because it exposes the fact that today's Mac desktops are just commodity hardware with an extra $1,000 charge for an OS X dongle (TPM).

    No, you're quite wrong about TPM. You may want to read up on it:
    http://www.osxbook.com/book/bonus/chapter10/tpm/

    The executive summary (which I hope it's okay to quote here, but as a sample it indicates that the longer text is worth reading) notes:

    • Regardless of what the media has been harping on for a long time, and regardless of what system attackers have been saying about the "evil TPM protection" Apple uses, Apple is doing no TPM-related evil thing. In fact, Apple is doing no TPM-related cryptographic thing at all in Mac OS X. Yes, I know, there has been much talk of "TPM keys" and such, but there are no TPM keys that Apple is hiding somewhere.
    • More specifically, Apple simply does not use the TPM hardware. In Apple computer models that do contain a TPM, the hardware is available for use by the machine's owner. Of course, to use it you need a device driver, which Apple indeed doesn't provide.
    • I am releasing an open source TPM driver for Mac OS X, along with Mac OS X versions of popular open source trusted computing software from the Linux world. No reverse engineering was required to write this driver.
    • The driver and the software stack together make (a form of) trusted computing possible on Mac OS X, assuming you have a machine with a TPM. This page shows you how to "take ownership" of the TPM and begin using it.
    • For crying out loud, Intel's Trusted Execution Technology (a.k.a. LaGrande) does not mean you start putting TPMs "inside the CPU". Apple isn't shipping CPUs with "built-in TPMs."

    I hope that helps kill some incorrect information out there in the wild. My understanding is that it's been a few years since we saw a TPM in any Mac, but I may be wrong about that.

  118. Re:Apple particularly doesn't like things like thi by Anonymous Coward · · Score: 0

    It's almost like Dell went out of their way to create a pricy, niche machine just to give the Mac trolls something to post about. Try comparing the iMac to the more popular generic PC towers next time.

  119. EXACTLY EXACTLY EXACTLY by Anonymous Coward · · Score: 0

    Ideas are a dime a dozen, from kids to adults, everyone has them.

    So what if OpenMoko were 'discussing' multitouch? I was discussing how I was going to build a robot when I was 8 years old. Did it happen? no.

    What Apple did was take an innovative idea nad TURN IT INTO A PRODUCT that works and that a sizeable number of people like. Turning an idea into a product, or at least into something, is what separates doers from dreamers. Sure, you need both, but without the product, the tech is just some random abstract thing. Without the tech, the product isn't as good. The point is, IT TAKES BOTH THINGS TOGETHER to work and they're both equally as important.

    Sure, the idea that using more than one finger on a touch device probably isn't new. So why hasn't a GOOD windows mobile device, or a good mobile phone, come out with it previously?

    I find people arguing that Apple's tech in this case isn't innovative and complaining that people were *talking* about it before, is like that person that keeps saying "I had the maddest idea for a game!!" and never doing anything to make it a reality. Or bitches when the game comes out "I had that idea ages ago!". Boo hoo.

  120. Apple's entire legal argument hinges... by Anonymous Coward · · Score: 0

    Since Apple's entire legal argument hinges on the fact that their EULA states that OSX can only be installed on Apple-branded hardware, it will be interesting to see if the courts uphold such restrictions in EULA's, or the existence of EULA's at all. Psystar makes an interesting argument that Honda can't make you sign a EULA telling you that you can only drive on Honda-approved roads, so why should Apple be able to control what systems OSX is installed on? Is there any precedent here? Has the legality of EULA's ever been put to the test in court?

    Of course, your argument leaves out two points.
    A: Psystar is NOT the End User, thus violating that license
    B: Psystar is declaring itself as an OEM, but does not have an OEM license with Apple to resell their product.

    Beyond this, Psystar is repeatedly and intentionally breaking copyright law by modifying OS X to run on their hardware.

    That's three strikes right there, and that's only the tip of what Apple is charging them with.

  121. In particular, shrinkwrap licenses that purport... by Anonymous Coward · · Score: 0

    In particular, shrinkwrap licenses that purport to limit fair use are not a slam dunk. The first amendment is the fount of fair use (Sony v. Betamax) and thus of constitutional dimension. While the first amendment is only binding on government actors, the court itself is a government actor, adn therefore by enforcing a fair-use limiting contract (the EULA) the court is essential depriving fair use 1st amendment rights. That's the argument at least. I think its' the right one. We wouldn't want the court to eforce contracts to permit slavery (13th amendment), and I think limiting free speech is particularly dicey. But hey, it happens ALL THE TIME with contracts (nondisclosure for example.) I just don't think it's right for the courts to enforce it.

    The biggest problem here for Apple is monopoly issues and tying, which I see Psystar counsel has wisely raised. (You can be a monopoly of a more restricted relevant market than just OSs in general..)

    Just my opinion, as a non-lawyer.

    In this particular case, however, Psystar clearly violates "Fair Use" as well by intentionally and repeatedly copying, modifying and reselling the OS. This is a blatant case of copyright violation first as well as violations of the EULA. Psystar is NOT the End User and thus violates the EULA right there, discounting anything else they may do.

  122. commodity hardware with an extra... by Anonymous Coward · · Score: 0

    because it exposes the fact that today's Mac desktops are just commodity hardware with an extra $1,000 charge for an OS X dongle (TPM).

    And here you are just plain wrong. Period.

    You can not buy any name-brand computer with all the same specifications and capabilities (and I mean all of them, not just the basics) for less than its Apple equivalent; or if less, then by a very small margin. This includes the software that comes with the computer.
    Granted, you can build one for less, but not buy one from a major manufacturer.

    People constantly try to disprove this statement but in every case they fall short of matching the Apple in some manner; usually by leaving out several capabilities that are standard equipment in the Apple.

    1. Re:commodity hardware with an extra... by base3 · · Score: 1

      "Same specifications and capabilities" include force-bundled products that most people don't have a use for, have a high margin, and are used by apologists like you to justify the fact that Apple products are boutique-priced.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  123. Re:into a different game... Re:IBM PC by HardCase · · Score: 0, Flamebait

    ----------- My comment
    Big empty space
    ----------- Your head

  124. If Psystar were rich enough, by Anonymous Coward · · Score: 0

    If Psystar were rich enough, they could win their case against Apple and we could see Mac clones on the market like we saw IBM PC clones in the 80's. But still, what would be the point in having Mac clones ? We'd start to see an OS (Mac OS) that crashes all the time because the hardware is "not supported officially". So we would be forced to install an alternative OS on the machine, like Linux or BSD. Ok it could work great but it works as great on PCs.

    Really I'm not trying to troll/start a flamewar, I'm just wondering.

    Actually, they stand no chance even if they WERE rich. But that's beside the point for the moment.

    First off, there's a complete difference between Apple today and IBM back in the middle 80's; it's called Microsoft. When IBM built their first PC, they wanted an operating system to use on it, and rather than pushing their own, they licensed Dos from Bill Gates. Their mistake was that they did not negotiate an Exclusive license, so Microsoft was free to sell Dos to anyone who could build to it; thus creating the whole IBM Clone/Compatible war. This also meant that so many companies started building to Dos, and later Windows, that they eventually drove IBM right out of the desktop/laptop business; they simply could not compete any more despite the quality they put into their hardware.

    Apple, on the other hand, owns their OS and will do what is necessary to protect its copyrights as well as its hardware sales. The early 90's proved that permitting clones did not improve OS sales, but rather killed hardware sales. The same would happen today despite Apple now having a larger (albeit still small) market share. But by Psystar trying to pass itself off as a clone manufacturer, the only thing they could do is hurt Apple's name and reputation by delivering a severely inferior product.

    Since Psystar has clearly and repeatedly violated copyright law, Apple has no choice but to go forward with this lawsuit. And I highly doubt that they will settle out of court because any payment to Psystar (such as to buy them out) would only encourage other criminals to take advantage of the precedent.

  125. Re:apple will continue to suffer lost sales and pr by UnknowingFool · · Score: 1

    If you look at Apple's products they have a higher average margin than Dell or HP. They sell much lower volumes than Dell or HP so they have to achieve higher profit. $200 over a Dell or HP would mean that they may break even if that much on a desktop.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  126. Anti-trust by Anonymous Coward · · Score: 0

    Keep this up Apple and await your anti-trust suit.

  127. Re:apple will continue to suffer lost sales and pr by UnknowingFool · · Score: 1

    I think engineering and design is a lot more complicated than you make it to be. First of all they don't have a motherboard that is suitable. Their laptop motherboards are specialized. Their Mac Pro motherboard is specialized. Their Mac Mini motherboard is specialized. Well why can't they use the the Mac Mini or laptop motherboards? They're all in one boards. Anyone wanting a mid tower wants to buy their video card and maybe even sound card. What about the Mac Pro. Too expensive. It was made for workstation computing and all the components are made for higher performance and costs more. So they will have to design a new motherboard.

    Then there's all the other considerations. What RAM should they use? The fastest ones? No too expensive. The cheapest ones? That might hurt reliability. Middle of the road? That's fine but the memory should be flexible enough to accommodate a wide range of memory. Same with hard drives. Congratulations, Apple has spent several months to design a computer that for all purposes is no different than any other that a consumer can get somewhere else. What's the pricing? Well it has to be competitive yet be profitable. Let's see Dell is offering their computer for $500. Linspire $200. To recoup R&D, it's gotta sell for $700-$1000. This is why Apple hasn't made this computer.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  128. Would section 117 of the Copyright Act apply here? by Anonymous Coward · · Score: 0
    Would section 117 of the Copyright Act protect Psystar's actions here? It protects adaptation to new hardware, and copies made for maintenance. Reading them together, one might conclude that Psystar's installation and updates fall under sections (a) and (c):

    (a) Making of Additional Copy or Adaptation by Owner of Copy.-- Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or . . .

    (c) Machine Maintenance or Repair.-- Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if-- (1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and (2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.

    Disclaimer: I'm not saying they do or don't. I am not a lawyer.

  129. You know.. by 56ksucks · · Score: 1

    .. for some reason this makes me want one more.

    --

    ---- "Excuse me. Where's the children's gun section?"

  130. Re:Apple particularly doesn't like things like thi by Free+the+Cowards · · Score: 1

    Beyond that, who buys pre-built systems these days anyway?

    About 271 million people in 2007. Seriously, if you think that most people build their own systems, you need to get out more.

    --
    If you mod me Overrated, you are admitting that you have no penis.
  131. Re:into a different game... Re:IBM PC by stevelup · · Score: 2, Funny

    Shouldn't that be

    ----------- Your head
    Big empty space
    ----------- My comment

    ?

  132. THE REAL ISSUE IS NOT PSYTAR by linhares · · Score: 1
    The REAL issue is: how is Apple going to handle osX86?

    if they suit, they will only face a HUGE backlash from the "_anonymous_" developers. It will motivate the hackers even more. And, as things are changing rapidly in that space soon, very soon, any laptop will be able to run osX86 OOTB.

    My guess? Snow leopard will become draconian, rather like vista, and it will phone home and make sure that there's a proprietary chip running some code all the way in there. This could explain why Apple bought a chipmaker. If they design a custom chip that gets called loads of times by loads of apps--something rather easy to do by redirecting some cocoa calls there--, then it becomes almost impossible to hack it, because making chips involve companies, not "anonymous" hackers.

    Does this make any sense?

    1. Re:THE REAL ISSUE IS NOT PSYTAR by CountBrass · · Score: 1

      What you're saying is we should burn Psystar for potentially forcing Apple to include draconian copy protection methods (activation etc)? I agree.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    2. Re:THE REAL ISSUE IS NOT PSYTAR by Anonymous Coward · · Score: 0

      so did you also support "burning" DVDJon for potentially forcing the MPAA member studios to include draconian copy protection methods?

      Its parallel reasoning and if you don't like the answer it gets you in the second case you are probably engaging in ex-post-facto rationalization and should be more honest with yourself as to the real reason you support "burning" Psystar.

  133. It's not about the EULA dumb arse. by CountBrass · · Score: 1

    I think a point you are all missing is that you cannot buy a separate copy of OSX to install on a fresh machine. Apple ships OSX with a machine. Apple sells *upgrades* to OSX in a separate box. That makes any comment about the EULA irrelevant: copyright law applies and neither Psystar, nor anyone else, has a license to install OSX on a fresh box. It's exactly the same law that allows the GPL and Open licenses to work.

    --
    Bad analogies are like waxing a monkey with a rainbow.
    1. Re:It's not about the EULA dumb arse. by Mr2001 · · Score: 1

      I think a point you are all missing is that you cannot buy a separate copy of OSX to install on a fresh machine. Apple ships OSX with a machine. Apple sells *upgrades* to OSX in a separate box.

      Does the upgrade include all the files necessary to install the OS? Then it's all you need.

      That makes any comment about the EULA irrelevant: copyright law applies and neither Psystar, nor anyone else, has a license to install OSX on a fresh box.

      Under 17 USC 117, you don't need a license to copy software that you already own if the copying is an essential step in running it, so that would seem to cover installing an OS.

      It's exactly the same law that allows the GPL and Open licenses to work.

      Not really. Those licenses work by offering you a right you don't already have (distributing copies to other people, with or without modifications) in exchange for accepting their terms.

      --
      Visual IRC: Fast. Powerful. Free.
  134. Re:into a different game... Re:IBM PC by Anonymous Coward · · Score: 0

    Yeah, I can see it now... Apple coming out with iPOS.

    IPieceOfShit?

    I'm confused, haven't they already come out with that?

  135. Wrong analogy by pandrijeczko · · Score: 1
    Cupertino Goliath

    When I see more than one person in every million using an Apple Mac, then maybe I'll start thinking of Apple as a "goliath"...

    --
    Gentoo Linux - another day, another USE flag.
  136. Rant... by rizzo320 · · Score: 2, Insightful

    Alright. Label me a troll. A fan-boy. A zealot. I don't care.

    Why can't a company create a product for the market they want? What gives us the right to buy a product that clearly states what it's for, then, get upset about when it doesn't work the way that we want it? Why do we feel that we have the right to create a market for a product that the creator didn't intend to?

    Seriously.

    Apple created Mac OS X. They specifically state that it's for Apple computers. They aren't hiding it from you. They made the decision to make this software for their hardware only. What's wrong with that? Why can't a company limit it's own market?

    I don't want to hear this "Apple is monopoly" bullshit. They aren't a monopoly, they are a brand. Ford has a "monopoly" on Ford cars that run Ford engines and Ford computers and Ford seatbelts. Sony has a "monopoly" on the Sony operating system that's runs on the Sony Playstation. The operating system is an Apple product for Apple hardware. They just happen to also sell it in a box. Just because its in a box, on a shelf, and you can buy it, doesn't give you the right to decide that you can change what its for. No one is forcing consumers to buy Apple computers. There are other competitors in the market. Nope, no monopoly here.

    It's just so aggravating to read the posts. Fuck Psystar. They deliberately tried to tired to sell a product created and sold by another company in a way they didn't want it to be done. Why shouldn't they go down?

    Really. Someone explain it to me? Why is Psystar entitled to do this? Why are we entitled to install Mac OS X on hardware Apple tells us not to?

    Anyone?

    Is it anything more than people who just want to get their way. Why doesn't Apple make a headless Mac for me? Why can't I run Mac OS X on my Dell? Why why why... I want I want I want... wahhhh...

    It's like reading a collective bunch of three year olds. Apple doesn't want to sell you their product, for whatever reason they see fit. Shut up and deal with it. It's not an issue of EULA's and copyright and DRM. It's the fact that people are just pissed of they can't get their way. It's why this country is going to shit... people going out of their way- way beyond the realms of common sense and moderation- to obtain their way. Your sense of entitlement sickens me. The fact that Apple is successful without you getting what you want pisses you off even more.

    Honestly, you can replace Apple with any other company. It doesn't matter.

    Operating systems exist out there that are licensed that you can do whatever you want with them. Go try one out. If you don't like it, learn to code so you can make it something you like.

    And yes, I have more custom built Linux systems in my home and in my place of employment than I do Mac or Windows systems. So don't give me a lecture about free software or the GPL.

    I feel better now. End of rant.

    1. Re:Rant... by Budenny · · Score: 1
      You've got the problem exactly the wrong way round. No-one is making any demands on Apple. It is not that the product does not work the way people want. On the contrary, it does work just fine, and they do not want Apple to do anything. No-one is asking Apple to do anything but what they are doing now, at least in the way of developing and producing software and systems.

      What they want is for Apple to stop trying to tell people what to do with their products once they have bought them. Yes, people want to get their way on this. But the reason is that its a fundamental point of principle. You get to the heart of this in a couple of your points.

      In one you say "They deliberately tried to sell a product created and sold by another company in a way they didn't want it to be done". Yes, that is what they did. This is something they have a perfect right to do, just as you have the right to buy Jeyes fluid in the UK, which is meant to be used as a cleaning agent, and use it as a garden treatment agent against mould and some insects. They cannot stop you doing this if you feel like it. You compare it to Ford, and you also say "Just because its in a box, on a shelf, and you can buy it, doesn't give you the right to decide that you can change what its for".

      Well it does because that is what the law says you have a right to do. Its exactly the opposite direction from the way you're looking at it. It is not that Apple has a perfect right to tell you how to use its products, and if you do not like it, don't buy them. The real situation is that once you have bought an Apple product, Apple has no right to tell you how to use it, and if Apple doesn't like it, it should stop selling the products

      Now, take the case of Ford. Ford does not have the right to forbid you to use one of its cars in way of trade. Nor does it have the right to make you agree to only use Genuine Ford Parts in it. There is a very important public policy reason why you cannot control the use people make of your products after you've sold them. It is because it permits anti competitive tactics, like, tied sales of parts. Like, an artificially priced 'professional' product. Like, linked sales (which are also forbidden in most jurisdictions).

      It is exactly the same problem that MS has. It has a clause in the Office license that this can only be run on Windows. It has never to my knowledge been tested. But if it were, if you were accused of running your retail copy of Office on Wine for Mac or Linux, I do not believe it would hold up. You have bought the copy at retail, and you can run it on whatever you want, as long as you respect copyright.

      This is also not about Eulas. This is about the ability of a company to, as a condition of sale, oblige customers to enter into an agreement which is contrary to the law of the land. That is, if the agreement is valid, it will allow them to impose restrictions which consumer protection and competition law says cannot be imposed.

      There is no difference between Apple telling you what system you may install your purchased copy of OSX on, and Apple telling you what you may use your computer for. There is no difference between these restrictions, and MS trying to tie Windows to some particular hardware manufacturers. There is no difference between these restrictions, and a company wrapping its consumer drill in a shrink wrapped pack which, when you open it, you discover prevents you from using it on any other property than one you own or rent. This you see is the consumer, not the trade, version. That is why the trade version costs more. They're the same drill. Its just that the license is different.

      Psystar may have done other things wrong. But on this one, they are exactly in the right. They have bought, as agents of their customers, retail software packs which they have then installed for them in ways that the original manufacturer positively did not want. They had every right to do this. Just as you have a right to use any sort of aftermarket parts you want in your Ford. Ford will not like it either.

      But they have had to get used to it.

    2. Re:Rant... by rizzo320 · · Score: 1

      What they want is for Apple to stop trying to tell people what to do with their products once they have bought them.

      The problem is that you are not receiving an Apple product. As much as I disagree with it, I have no issue with someone buying Mac OS X for themselves, going to OSX86.org, and building a hackintosh on their own. The problem I have is that Psystar is not selling you Mac OS X on the computer you are buying from them. Then they give you a copy of the Retail disk as well, and then try and say it's legal. What's on the computer doesn't match what's on the disk. You can't re-install it from the retail disk, and they don't provide a "driver" or restore disk (like other OEM's do). The modified version of Mac OS X on the Psystar computer is not really Mac OS X. I consider that fraud.

      ...and if Apple doesn't like it, it should stop selling the products

      I agree. I think they should stop selling the retail versions of Mac OS X. That resolves a good part of the situation instantly. If they stop selling retail disks, and they don't sell OEM disks at all, then it becomes much harder to use many of the excuses people are coming up with on why Psystar is right. Too bad Psystar is going to ruin it for everyone else who wants to run Mac OS X on Apple hardware.

      Yes, Apple makes money off their sales of Mac OS X. However, I think at the same time, its a service they provide to Mac owners that allow them to upgrade to the latest operating system for a fee. It's too bad others seem to think they can take advantage of this, and create their own market from this service.

  137. the end user by tatermonkey · · Score: 1

    So there is a recall on the machines.......what if the end user (owner of a Psystar) says no and doesnt want to give it back?

  138. Re:Apple particularly doesn't like things like thi by pkphilip · · Score: 1

    Apple is $100 off commodity hardware and sometimes cheaper? May I introduce you to the latest Toshiba Qosmio laptop which is listed on the Slashdot page today as being the first laptop to use cell processors:

    http://www.hothardware.com/News/Toshiba_Launches_First_Cell_CPUbased_Laptop/

    The price? $1549.99 for this:

            * Windows Vista Home Premium (SP1, 64-bit)
            * Windows Vista Home Premium (SP1, 32-bit)
            * Tohiba Quad Core HD Processor
            * Intel Core 2 Duo Processor P7350 (2 GHz)
            * NVIDIA® GeForce 9600M GT
            * 4GB PC2-6400 DDR2 800MHz SDRAM
            * 500GB: Two 250GB 5400rpm hard drives
            * DVD-SuperMulti (+/-R double layer) with Labelflash drive
            * Atheros Wireless LAN (802.11b/g/n)
            * Bluetooth V2.1 + EDR
            * 18.4" Screen

    Compare that against any Apple laptop and see if the Apple laptops have anything of the same specs and then compare the pricing on Apple.

    Also, Toshiba makes good laptops and Qosmio is top of the range. This ain't some no name player and this ain't any commodity hardware.

    Apple's success is not tech or the quality of its products, it is a success built up on branding and marketing.

  139. Re:Apple particularly doesn't like things like thi by Anonymous Coward · · Score: 0

    Because they can.
    How does this not apply to the Vista pricing scheme, fucknut?

  140. loathing and expanding by reiisi · · Score: 1

    Okay, so you loathe the Mac Mini.

    I loathe it too, but primarily because Jobs "switched" without ever putting an MPC8641D in any model. (I'm not a fan of iNTEL, you see.)

    As someone noted, the Mac mini sells pretty well. And they don't have a disproportionately large representation in the used hardware department.

    So, your tastes are different from other people's tastes. No big deal.

    However, if you look around the web, you can find people who tell how they do, in fact, expand the Mac Mini. Some people simply hang firewire drives on it. Yeah, yeah, 400MHz or something, but it's fast enough for most people who buy them.

    Some people take the motherboard and electronics out of that little, stylized lunchbox, and install them in an ordinary whitebox case+PS. (I don't remember reading what such people do with the Mini's PS.)

    You can expand the thing. You can even earn geek points doing so, although it's a bit harder than with x86 stuff.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  141. I find the iMac screen to be quite decent. by TLZ9 · · Score: 1

    I do photography for hobby, I am also a graphic design apprentice and I often try to teach myself while at home. I've seen iMac(the white one) at pro-photographer, and I a design-company I visisted a short time(for learning) I saw that they used current generation 24" iMac. And they're quite caught up in details, correct colors and so forth. My own 20" iMac does not widest view angle (have to look pretty much straight at it to get 100% correct colors), but it's still better than 95% of computers I see around. The 24" iMac seem to be much better here. The glossy screen is only a problem if you have strong/sharp lightsource. It's quite detailed, esp. in darker tones(compared to other screens.) Not as good as say... NEC MultiSync LCD2470WNX, but still quite good. The Mac Mini does indeed suck, it haven't been updated since 2006.

  142. Website isn't down... by EmagGeek · · Score: 1

    It was probably just slashdotted at the time, or maybe down just for maintenance...

  143. but, but, but, ... by reiisi · · Score: 1

    They want to fight this battle.

    Over and over and over and over and ...

    It's a rather profitable battle to fight. Well, pwhateverstar is not so much so, but all the techs like yourself who think 10,000 computers is a large number of computers to sell are a prime source of ideas, and the war of words you (we?) engage in is a big part of where Steve gets his clues about which directions to head next.

    I'm not sure Apple really wants to win this one easily.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:but, but, but, ... by argent · · Score: 1

      It's a rather profitable battle to fight.

      I'm not talking about the battle Apple's fighting with competitors like Dell or HP.

      I'm not talking about the battle Apple's fighting with Psystar.

      I'm talking about the battle Apple's fighting with their own customers and potential customers.

      And that one's never profitable. The only way to advance is to swallow your words (Jobs: no ugly monitors on nice Macs) and meet your customers needs (Jobs: BYODKM). The Mac mini was a strategic retreat that is clearly a victory in retrospect, but events have shown that they haven't gone nearly far enough.

  144. Competitive betwenn +/- 300??? by jotaeleemeese · · Score: 1

    That says it all really....

    --
    IANAL but write like a drunk one.
  145. Re:Apple particularly doesn't like things like thi by base3 · · Score: 1

    That's good information, thanks. I still believe that Trusted Computing has more evil uses than good, and that it should be resisted vehemently. Unfortunately, TPMs have been snuck in to most modern PCs and it's only a matter of time before they're used to enforce a DRM dystopia. I expect they'll be a nice market for "pre-ban" PCs in a few years.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  146. Here's why not... by argent · · Score: 1

    Why can't a company create a product for the market they want?

    They can. But if there's unmet demand (for example, for a conventional desktop Mac) people will meet it.

    I have more custom built Linux systems in my home and in my place of employment than I do Mac or Windows systems.

    And I'm one of the original 386BSD patchkit developers, and was a FreeBSD committer for many years, and I'm working on Linux-based software in my day job, so I've learned how to code and I can make the OS something I like... but I still want a conventional desktop Mac. Apple hasn't made one of those since around 1997, and I stretched my "beige G4" out as long as I could before finally settling for a Mac mini.

    Look... people don't buy computers to run operating systems, they buy them to run applications, and I'm no exception, and no matter what I do to FreeBSD or Linux it's not going to get Windows developers to write their applications for UNIX. I've fought that battle one way or another since I was doing code monkey scripting for 4BSD at Berkeley, and contributing ports of UNIX libraries to Dr Dobbs Journal, and moderating Usenet sources groups... and after almost 30 years even hardcore open source guys can figure that one out.

    I'm not going to go out and make a Hackintosh or buy a computer from a company like Psystar, but I understand why people do, and until Apple figures it out it's going to keep on happening.

  147. Re:into a different game... Re:IBM PC by HardCase · · Score: 1

    Shouldn't that be

    ----------- Your head
    Big empty space
    ----------- My comment

    ?

    No.

  148. Re:into a different game... Re:IBM PC by stevelup · · Score: 1

    So your reply to the parent went *under* his head?

    I've not heard that expression before 'I was being so funny that you didn't notice.... Woosh, It went right under your head.'

  149. Re:Apple particularly doesn't like things like thi by DrOct · · Score: 1

    Some of your points are fair, (aftermarket video cards are a problem for Macs, though there are a few out there you can put in on your own and have them be compatible) but you can certainly put more than just a hard drive into a MacPro. You can put any number of PCI cards in there, though these days I'm not really clear what you would need to put in there that isn't likely already built in, but I guess if you wanted to put in a fiberchannel card, or extra firewire ports or something you could do that. I can't speak to the situation with failed drives in MacPro's, but that sounds a little odd. Older Mac towers certainly don't work that way. You also don't have to pay Apple for RAM upgrades, you can (and I have) do it yourself on any model of Mac, without voiding any warranties or anything like that. Yes Apple charges you out the ass for RAM upgrades, but you don't have to pay them for it, you can do it yourself. All computer makers charge too much for RAM, Apple is no different (though they might charge slightly more than some other companies), but just like with Dell or Gateway or whatever, you don't have to pay them for it if you don't want to.

  150. Re:Apple particularly doesn't like things like thi by DrOct · · Score: 1

    Exactly! I have an 8 year old 400mhz G4 that is still up and running (one of the firewire ports doesn't work, but that's the only real hardware problem it has) as we speak. It was my primary computer until I finally upgraded to an iMac G5 about 2 years ago. I recently put Yellow Dog Linux on it, as I'm taking some *nix classes and wanted a box at home to do projects on and such. Still runs great!

  151. Honest Question by DrOct · · Score: 1

    Have the system requirements for Starcraft II/Diablo III been released?

  152. Fort engine in other cars by krischik · · Score: 1

    You have given the reason yourself: You can buy a Fort and rip out engine and put it into an VW. (Ok, most countries will require some form road safety test after such a change - but that is a different matter).

    And actually for a short while in the '70 in Germany it was "en vouge" to put an Porsche 911 engine into a beagle. Nothing I would do but some people like that kind of stuff.

    Martin

    1. Re:Fort engine in other cars by rizzo320 · · Score: 1

      You have given the reason yourself: You can buy a Fort and rip out engine and put it into an VW.

      You misread my statement. I was using it as an argument to the fact that Apple has a monopoly on "Mac OS X" computers. Ford also has a monopoly on Ford engines. I have no issue with someone ruining a VW by putting a Ford engine in it and there is no law preventing you from doing that.

  153. I find this rather amusing by kcredden · · Score: 1

    Apple demands a recall? Do they honestly think that people will ship back a heavy computer, with all their stuff on it back to the company for nothing? Is Apple THAT arrogent, and stupid? I didn't buy one, mainly because I knew this had to be a joke, but honestly. Does anyone see anyone sending their system back just because Apple demainds it? Maybe 1 or 2 people? Please... If I did, I'd tell Apple to give me a NEW Apple machine, with an exact or superior configuration first. - Kc

    --
    -- Kevin C. Redden kcredden@ gmail 392992 .com (take out the 392992 for e-mailing me. Spam control)
  154. Re:into a different game... Re:IBM PC by HardCase · · Score: 1

    I can't believe that I'm replying to this. Here's a lesson in two dimensional spatial relationships.

    Your picture:

    ----------- Your head
    Big empty space
    ----------- My comment

    Where is "Your head"? It is above the big empty space. Where is "My comment"? Below the big empty space.

    Now let's look at my picture.

    ----------- My comment
    Big empty space
    ----------- Your head

    Where is "My comment"? Over the big empty space. Where is "Your head"? Under the big empty space. The implication? My comment went right over your head.

    So your reply to the parent went *under* his head?

    I've not heard that expression before 'I was being so funny that you didn't notice.... Woosh, It went right under your head.'

    You are suggesting that my comment went right under his head. That concludes today's lesson.

  155. Re:Apple particularly doesn't like things like thi by drsmithy · · Score: 1

    2 Quad core 3Ghz CPUs (The Macs have Xeons, but the Dells don't. This is one the few real differences. It explains part of the price difference)

    The Dells have Xeons. Only Xeons do multiple CPUs.

    A great deal of your "premium" will come from Apple's crazy RAM prices.

  156. Aladdin on Atari ST by krischik · · Score: 1

    No I did not miss any point - I just did not comment on it - basically because I agree with you - monopoly isn't the issue here.

    The question is: Can Apple ban anybody from installing MacOS on any other computer. Note that this is a long going problem. Long, long ago I used an product called Aladdin on my Atari ST. Basically you could run MacOS - version 5 I think - on an Atari ST.

    Apple did not like it but there was not much they could do as long as the Aladdin user had a set of original MacOS ROMs.

    That's long ago and this year I finally bought myself a "real" Mac.

    Martin

  157. Re:Apple particularly doesn't like things like thi by SanityInAnarchy · · Score: 1

    Also, Toshiba makes good laptops

    You had me until here, then I couldn't stop laughing.

    You see, I have a Toshiba laptop. Hardware specs are nice, and it is a beast, but it has a rather long list of things that are wrong with it -- not least of which is the complete lack of XP drivers.

    Apple's success is not tech or the quality of its products, it is a success built up on branding and marketing.

    You're thinking of MySpace.

    I'll grant that Apple has always relied heavily on branding and marketing, but they have the tech and the execution to follow through.

    --
    Don't thank God, thank a doctor!
  158. Re:Apple particularly doesn't like things like thi by SanityInAnarchy · · Score: 1

    While I'm at it, I noticed you didn't list the dimensions... I've seen a Qosimo laptop, though not this generation. The one I saw was huge. Not a laptop so much as a slightly more portable desktop.

    This is part of what I meant by "execution"... I had a Powerbook. The weight and the form factor was such that I could comfortably carry it around, to and from work. The curved corners helped it slide into and out of my bag, without catching.

    It's that kind of subtle attention to detail that makes Apple more than just a brand and a marketing team. ...And, in the places they don't care about, it's that lack of attention (at all!) that makes OS X such a pain, if you start doing things they didn't expect. I found some bugs in their keyboard mapping that, to my knowledge, are still not fixed. (I don't use OS X anymore, so I don't know...)

    --
    Don't thank God, thank a doctor!
  159. Re:Apple particularly doesn't like things like thi by DrgnDancer · · Score: 1

    Well, something is different about the CPUs, Dell have an option for a different 3.0 ghz CPU that was about $200 more per processor. I went with the cheaper one, but from what I can tell the Pro used the more expensive one.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  160. Re:Apple particularly doesn't like things like thi by drsmithy · · Score: 1

    Well, something is different about the CPUs, Dell have an option for a different 3.0 ghz CPU that was about $200 more per processor. I went with the cheaper one, but from what I can tell the Pro used the more expensive one.

    Given Apple's slow hardware cycle, Dell probably have a newer, slightly different Xeon model (different clock speed, L2 cache, power usage, etc). Since, on their servers at least, the newer Xeons are cheaper than the older ones, that would explain your price discrepancy.

  161. Re:Apple particularly doesn't like things like thi by petermgreen · · Score: 1

    What is missing from apples lineup is an ordinary desktop machine. Apples desktop lineup consists of a SFF machine, an all-in-one and a high end workstation.

    So if you want certain features (expansion slots, support for multiple monitors all of your choice, support for more than two monitors, support for more than one internal hard drive etc) that are either standard issue or low cost options on normal desktop PCs your only choices are the very expensive mac pro or the insanely expensive xserve.

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  162. Re:Apple particularly doesn't like things like thi by petermgreen · · Score: 1

    Afaict with every big manufacturer the build to order options are a rip-off. Often it is cheaper to replace a part than to take the build to order options.

    Of course there is no reason you can't buy a mac pro in near minimum configuration (you would proabblly want to get both CPU sockets filled to make sure you got the coolers for both) and max it out using parts obtained elsewhere (just be carefull to buy ram with mac pro sized heatsinks!)

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  163. Lost in the lineup: eSATA port by Kyusaku+Natsume · · Score: 1

    I think that the only missing option in Apple's offers is a eSATA port. Time Machine, iMovie and iPhoto use a lot of disk space. Most people's need of upgrade comes from the lack of internal disk space/internal HDD bays. This could be easily fixed with an eSATA port. Even the Mac Mini would be greatly enhanced with this.

    --
    Mexico: 100% conservative's America now!
  164. Apple's market share is increasing. by reiisi · · Score: 1

    It did not increase when Apple was making clones.

    I hate to tell you this, but your friends are not the middle of the bell curve.

    Truth be told, your friends' friends, that think they depend on your friends for computer help, are the middle of the bell curve. They are precisely the ones Jobs is holding out for. A bit at a time, the see the hassles your friends put themselves through for exactly what it is, and recognizing that they don't need it.

    And your friends are eventually going to come to their senses and either offload the technical periphernalia they don't need, or come to their senses and run Linux.

    I myself want Apple to sell niche boxes, PPC powered NAS+ boxes, ARM powered ultra-portables in the eeepc class, dedicated word processors (laptop with built-in printer) for the Japanese market, router boxes you can load your own OS on, ...

    But that's not the way Jobs sees things, apparently.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.