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Psystar Wins a Round Against Apple

Posted by CmdrTaco on

Daengbo writes "'A federal judge last week ruled that Psystar Corp. can continue its countersuit against Apple Inc., giving the Mac clone maker a rare win in its seven-month-old battle with Apple. He also hinted that if Psystar proves its allegations, others may then be free to sell computers with Mac OS X already installed.' Apple is currently suing Psystar over its sale of Mac clones."

6 of 660 comments (clear)

  1. Hell yes! by bigstrat2003 · · Score: 5, Insightful

    This is great news for everyone who believes in fair competition in the marketplace. Kudos to that judge, and I hope the countersuit goes well!

    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    1. Re:Hell yes! by pmontra · · Score: 5, Insightful

      Actually I believe that it will damage Apple in the short and mid term. Apple will lose revenues for selling the hardware and the option of raising the price of the OS won't be welcomed by customers. I think that Apple doesn't care to have OSX on 20% of the pcs if that means gaining less money than they do now with a 9-10% share.

      If a market of clones will bring OSX on 80% of pcs then Apple will gain more than now, but that will change what Apple is. Basically they're an hardware company developing software to help selling the hardware, much like HP and Sun. They're very different from software companies like Microsoft which occasionally develop hardware (XBOX, Zune, etc) to sell the software (Windows, which in turn sells Office).

      Anyway, hell yes! As a consumer I'll be happy to see lower priced macs.

    2. Re:Hell yes! by ByOhTek · · Score: 5, Insightful

      The thing is, most Mac users I've seen are rabidly loyal to Apple. I don't think Apple will lose much in the way of hardware sales (and might gain some from the people who won't switch now due to some perceived inconvenience, but will also not switch to a clone due to the potential of an inferior product).

      Which is right? Only time and seeing the alternative will tell.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    3. Re:Hell yes! by Anonymous Coward · · Score: 5, Insightful

      Apple is neither a hardware nor a software company. They are a total solutions company. They focus on providing vertically integrated products that meet the customer's needs from the hardware all the way up to the software. That's why Mac laptops have incredible hardware features like magnetic clasps, incredible software features like appfolders, AND incredible features like instant sleep on close/hibernate on low power that require support from both software and hardware.

  2. It should be legal by mlwmohawk · · Score: 5, Insightful

    When you copyright something and make it available to the public, in exchange for the protection of copyright, you loose some control over your work.

    If I read a newspaper, when I am done, I can pass it to someone else if I wish. That is legal and there's nothing a newspaper can do about it. Even if the newspaper says "non-transferable," they may wish that to be true, but it is not. We have rights and we need to fight back and challenge entities that make claims that are not true.

    The argument that it "belongs to them" doesn't work because they are making it public under copyright law. Copyright law protects their content AND allows fair use of it.

    Software is copyrighted. A license agreement does not limit your rights under "copyright law," it enhances your rights beyond copyright law. Software vendors will argue otherwise, but more and more court cases are upholding copyright over EULAs.

    If I purchase software, the ISV can not control what I do with it. I have a valid right to use the material, obtained legally and under the financial terms agreed upon by the copyright owner. When I am finished with it, I have a court confirmed right of first sale. I'm sure the court will confirm what we all know, that I can do with it as I please. As long as I do not make and distribute copies of it, I'm legit.

    For instance, I can buy a painting from a painter. He may say, "under no circumstances are you to destroy this paining or sell it to anyone else," but once he sells it to me, I can do with it as I please. I can spray paint it, burn it, or sell it.

  3. OSX will enjoy the same success... by ThrowAwaySociety · · Score: 5, Insightful

    That BeOS, OS/2, and NEXTSTEP enjoyed. The fate of technically superior, generically compatible, for-profit alternative operating systems is pretty well established.

    There are three ways to build a successful OS:
    - Legacy monopoly position
    - Free (libre)
    - Make your money on hardware

    Selling a "premium" OS for generic hardware is a surefire path to irrellevance.