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Mac Clone Maker Psystar Files For Bankruptcy

StikyPad was one of several readers letting us know that Psystar has filed for Chapter 11 bankruptcy protection. We've discussed the Mac clone maker's battles with Apple extensively. The company apparently has over $250,000US in debt, and states that it cannot turn a profit in the current economy. "The Chapter 11 filing will temporarily suspend Apple's copyright infringement suit against Psystar, which is currently before the US District Court of Northern California. But once the bankruptcy protection is sorted out, the copyright case will resume." And PC Mag is reporting that, on the other side of the Atlantic, two new clone companies are just getting started. Like PsyStar, FreedomPC and RussianMac promise to deliver PCs with OS X preloaded.

21 of 366 comments (clear)

  1. $250 K ? Must be a typo by mbone · · Score: 4, Insightful

    The company apparently has over $250,000US in debt.

    That must be a typo - could they mean $ 250 million USD ? Most companies would not
    choke on $ 250,000 worth of debt.

    1. Re:$250 K ? Must be a typo by harryandthehenderson · · Score: 5, Insightful

      That must be a typo - could they mean $ 250 million USD ?

      It's not a typo.

      Most companies would not choke on $ 250,000 worth of debt.

      Most large corporations might not choke on that much debt, but they don't constitute most businesses. Considering that Psystar probably has little to no revenue coming in and no real future it's not surprising that they will just cut their losses without taking on more debt.

    2. Re:$250 K ? Must be a typo by nine-times · · Score: 3, Insightful

      Well it depends, doesn't it? Even if they only have $5K in debt, but have practically no income, can't get credit, and have no assets to speak of, then they're bound to go belly-up sooner or later. It's really a question of when the bank turns off the credit, and this credit crunch isn't really over.

    3. Re:$250 K ? Must be a typo by faedle · · Score: 3, Insightful

      From a purely non-techy viewpoint, the arguments are a lot less clear and can be spun a myriad of ways in the SCO v. Linux debacle.

      However, the Apple v. Psystar is much more clear-cut. It also helps that Apple themselves defined much of the legal territory they are going to depend upon down the road when they sued Franklin Computer et. al. back in the Apple ][ clone days.

    4. Re:$250 K ? Must be a typo by alvinrod · · Score: 3, Insightful

      If you're blowing through venture capital (i.e. not your own money.) the entire time, why not take on as many lawsuits as possible and ride the gravy train for as long as you can continue to do so? Hell, give yourself a nice bonus for being so brave as to challenge such a large and established corporation. After all, if you're successful, think of all the money that you'll be able to pull in with your new (and booming) business that can't be touched*.

      I don't know if that's the case, but there are some good examples of where this has happened.

      * Or so they would like to think. 99BottlesOfBeerInMyF presents a reasonable argument as to why they were screwed even if they won.

  2. Why? by Anonymous Coward · · Score: 5, Insightful

    Why would anyone want to run Mac OS on unsupported hardware? It's going to be unstable, missing features, and chances are that getting updates from Apple to install with or without hosing your installation is going to be a bitch.

    If you want OS X that bad why not just buy a Mac?

    1. Re:Why? by Tiger4 · · Score: 4, Insightful

      Depends on how unsupported it is.

      Macs use commercial hardware like everyone else does. They aren't so customized in every detail that they are in all ways incompatible. That was one of the reasons for coming to x86 and the PCI motherboard. Better support options.

      As long as the hardware has been vetted for Mac, it doesn't have come from Mac.

      --
      Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    2. Re:Why? by Sloppy · · Score: 4, Insightful

      Why would anyone want to run Mac OS on unsupported hardware? It's going to be unstable, missing features...

      It never ceases to amaze me that so many people (and so many of them are Apple fans!) think that Mac OS is an unportable piece of shit. It isn't.

      When it comes to device independence, Mac OS (both classic and X) is right up there with Linux and *BSD. Sure, all the device drivers haven't actually been written but it's pretty damn clear that most of Mac OS functionality has been separated from the drivers.

      Back in the 90s I ran Mac OS 7.x as a task on my Amiga, and it wasn't unstable at all. A Mac emulator was pretty much really just a collection of virtual drivers (drivers from MacOS' point of view, and OS calls from AmigaOS's point of view). It not only worked, but it worked well.

      And the existence of modern x86 Hackintoshes shows that Apple didn't somehow get incredibly inept and start hard-coding specific Mac-hardware-du-juor dependence when they made OS X. Just how incompetent do people think Apple's programmers are? Do you think they're going to tell Steve, "no, you can't release any new Mac models, because we didn't make the OS portable enough that we can get it running on your new toy by writing a few drivers"?!

      Give it a rest on the stupid, inane, and naive comments that hardware diversity is somehow related to OSes being flaky or broken. That's not how any of today's OSes work (even That One Exception (you know who) can't legitimately blame their flakiness on hardware diversity).

      If anything, I've found that the more general you make things, the better they tend to work. And that's not some great insight; it's something everyone knows, including Mac OS X's developers.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  3. And now litigation stops w/Apple by goffster · · Score: 5, Insightful

    Until out of chapter 11.

  4. because OSX is good, Apple hardware not so much by acomj · · Score: 3, Insightful

    Basically it boils down to this (As a prepare to build my hackintosh, parts in the mail),

    I can get a great tower computer with lots of expandability for $1100 (Includes the cost of the OS). To get an equally expandable tower from apple (with room for more than 1 hard drive) would cost me $2500. The larger and growing larger hole in the mac lineup is the tower. as an apple investor I find it inexcusable.

    For me its this or a windows box, both have the tools for my photography and programming.

    .

    1. Re:because OSX is good, Apple hardware not so much by profplump · · Score: 5, Insightful

      I can certainly understand that you want an expandable machine, and want to run OS X, and want it to be under $1500 -- those are pretty reasonable desires from a power-user computer owner. But I'm not sure you outrage is justified as an investor -- Apple seems to be doing pretty well selling non-expandable machines in the mid-range, and they have been for years. If Apple was primarily in the market for budget-oriented power-users it would be silly to not offer a cheaper tower, but they're not, and it's probably not a great business strategy for them to try; there's a very real chance it would hurt their sales and confuse their marketing in the other, well-established, successful market segments where the currently operate.

  5. If I owe a bank $250 K, I have a problem . . . by PolygamousRanchKid+ · · Score: 4, Insightful

    . . . if I owe a bank $250 million, the bank has a problem.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  6. Re:Who Bankrolled Psystar? by harryandthehenderson · · Score: 3, Insightful

    It will be interesting to see if the Microsoft, etc. conspiracy rumors around Psystar are validated.

    Why would Microsoft be funding Psystar? How would weakening the effectiveness of software EULAs help Microsoft?

  7. Re:Now,now, nothing to see here move along. by fuzzyfuzzyfungus · · Score: 4, Insightful

    I dunno. The "Apple suing them in the face" problem was a pretty serious one, and is probably what did them in in the end; but their business model is by no means a certain failure.

    PC assembly is a fairly low margin business; but there are plenty of companies, large and small, that make a living at it. Psystar had the advantage of massive word-of-mouth and R&D done for them by the hackintosh enthusiasts. Were it not for the legal trouble, I would assume that (barring specific incompetence) they could have carried on for a fair while.

  8. Mod Parent Interesting by mpapet · · Score: 4, Insightful

    This is a point worth considering. A similarly important point, where is the money coming from for the non-U.S.clones?

    The most simple explanation is $250,000 in debt happens very quickly once the lawyers bills start hitting the books

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  9. Re:Now,now, nothing to see here move along. by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    I dunno. The "Apple suing them in the face" problem was a pretty serious one, and is probably what did them in in the end; but their business model is by no means a certain failure.

    I don't understand this opinion. So let's say in the best case, most realistic scenario Pystar and these other companies get the relevant provisions of Apple's OS X licensing declared unenforceable and they are removed from the license. They are now in the business of competing with Apple to sell hardware, while having to buy the OS from Apple. If they become moderately successful, what is there to stop Apple from no longer selling boxed copies of their OS and thus killing them?

    Seriously. Selling boxed copies of OS X is a small part of Apple's business. They could switch to online distribution for upgrades and use DRM to prevent them from installing. End result, Pystar and their ilk die and Apple's customers are inconvenienced with DRM. Gee, thanks guys.

    Or, Apple could go a more drastic route. They could simply ditch selling new versions of OS X and provide them free of charge to all Mac owners. It would barely dent their profits and lower their support and development costs considerably. Or they could take a middle road and sell a yearly service like their ".mac" service and include in that service upgrades to the OS and network services like e-mail, but provide no other upgrade path for individual licensors. Either way Pystar dies and Apple moves on without worrying about being undercut.

    The way I see it, if Pystar and the like succeed, all they do is drive Apple to change policy enough to kill them. Any business model built upon being successful but not too successful lest the company you rely entirely upon kill you, is a doomed business model.

  10. Re:Mac clone companies by Vinegar+Joe · · Score: 3, Insightful

    Mac clone companies will never make it. Macs are over priced, but people pay that premium because they want an Apple product.

    You must have missed the clone companies in the 1990s.......they were eating Apple's lunch.

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  11. Re:Mac clone companies by eltonito · · Score: 4, Insightful

    "Macs are over priced, but people pay that premium because they want an Apple product."

    Your statement seems to contradict itself. If something were overpriced then it would cost more than the market would pay for it, slowly leading to the demise of the manufacturer. But as you note, Apple products seem sell reasonably well, even at a perceived price premium. That would lead me to conclude that, from a market perspective, their products are not truly overpriced.

    If a company offers a product that the market percieves as superior, people will pay more for it. This applies to everything from dairy products to automobiles to consumer electronics. The fact that Apple is able to sell products for a reasonable profit isn't really much of an argument against them or their products.

    Now if you'll excuse me, I'm going to drive my over-priced Honda home and watch my trendy, over-priced and fashionable Sony HDTV. (no, not really)

  12. Re:All fun and games till Apple goes trusted by Chyeld · · Score: 3, Insightful

    Apple has not released OS X for open systems for 1 primary reason: they don;t want to support your junk kit, and they don;t want to get the blame for OS X having stability issues. If manufacturers are allowed to be held to the same wishy washy standards as micsoft, then not only would OS X be seen to be just as unstable, but it would likely be sold on many systems that don't really meet the minimum specs of iLife, and would provide a lack-luster performance.

    Lets do ignore that the last time they allowed clones, they got their lunch eaten.

    I agree, stability would be an excellent reason. But the pure truth of the matter is, even with the change to Intel, Mac's are priced more on brand name than the cost of the parts that go into them.

    Apple can't compete against a company that can produce cheaper products because Apple considers one of it's strengths to be it's "Designer Computer" status.

    Apple will never (in it's current incarnation and under Steve) allow anyone but Apple sell Apple computers. Period. They can talk all they want about how in the future we'll have jetpacks and a "Dell Mac" on every desk. But when it comes down to the brass tacks, it'll never happen and they certainly are not basing their business plans on the idea that it could.

  13. Re:Now,now, nothing to see here move along. by SwabTheDeck · · Score: 4, Insightful

    Psystar had the advantage of massive word-of-mouth and R&D done for them by the hackintosh enthusiasts. Were it not for the legal trouble, I would assume that (barring specific incompetence) they could have carried on for a fair while.

    I agree that they had major name recognition, but that recognition equated to them being labeled "the guys who are pissing off Apple by making clones" and not "the guys who are making awesome, cheap Mac clones that I want to buy". The members of the /. community that enjoy Macs do so because of the technical merits (UNIX underpinnings, efficient GUI, etc. [don't flame me]). The rest of the world likes Macs because they're "cool" and they don't necessarily define that "coolness" explicitly. So, if a /.er wants the technical advantages of having a Mac without the price, they go for a hackintosh. The problem there is that a /.er is probably just going to build that hackintosh him/herself rather than pay Psystar for one. Not only is it cheaper, but you get to learn something in the process. The rest of the world would see a Mac clone and say "that's not a Mac! It's not cool!" and move along.

    When I hear "normal" people complain about Macs, what I hear consistently is "I wish Apple would make a cheaper Mac", not "I wish some other company would step in and compete with Apple to drive down the price." What I'm trying to say is that the market for pre-built hackintoshes is tiny. Of all the people I know, both technical and nontechnical, I can't imagine any of them buying one.

  14. Re:Now,now, nothing to see here move along. by 99BottlesOfBeerInMyF · · Score: 5, Insightful

    Apple would be violating anti-trust laws by not selling their operating system & upgrades separately, period.

    I have two comments here. First, to be violating antitrust laws Apple would have to have a monopoly in one of the relevant markets. I suspect you know very little about antitrust laws, but on the off chance you are not clueless, what market do you think it is that Apple has monopolized? Second, writing the word "period" followed by the punctuation mark "." is redundant. I understand in speaking using this technique but it does not apply in written communication. Please stop it.

    Psystar's case was legally winnable, but they didn't have the backers for winning in court.

    Do you know what Pystar's case was about? Even if it was winnable, my post explains why it doesn't matter.

    It might fair better for European clone makers since anti-trust laws will be enforced more correctly against non-European companies, i.e. Apple.

    The EU antitrust laws are about the same as ours and I still don't see the monopoly you are predicating such action upon. Further, you specify non-European companies as though that makes a difference, which anyone with a clue knows is irrelevant. Please do a little research and see the hundreds of European companies the commission has taken action against before making such slanderously uninformed claims.