Slashdot Mirror
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."
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.
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.
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
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.