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Mac OS X 10.6.2 Will Block Atom Processors

Archeopteryx writes "According to Wired's 'Gadget Lab' blog, Snow Leopard's next update, OS X 10.6.2, will block the Atom processor and will disable many 'Hackintosh' netbooks. It is indeed true that OS X will run just fine on some netbooks if you install the right drivers and ktexts, but Apple's EULA has always specified that the license was applicable only to Apple hardware. There have always been processor types specified in OS X and that have to be worked around now for those who want to use an Atom or similar non-Apple-adopted processor, so this is likely no more than a hiccup on the road for the OSX86 crowd. But, it raises the question: is it time for Apple to sell a license for non-Apple hardware — priced accordingly of course — for those people who want OS X on platform types Apple has not yet adopted, like the netbook? The only reason OS X is not on my Eee is that I want to comply with the licensing terms. I could just pay for a license to use it."

1,012 comments

  1. Who wants to update?? by Renraku · · Score: 1, Insightful

    This right after the 'people who don't update because we've been known to harass and accuse them via patches have more malware' article. It's like Microsoft and Apple are trying to compete and see who can belittle and harass their customers the most.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Who wants to update?? by sbeckstead · · Score: 5, Insightful

      It would seem that this does not actually inconvenience their customers at all right?

    2. Re:Who wants to update?? by Anonymous Coward · · Score: 1, Informative

      It's like Microsoft and Apple are trying to compete and see who can belittle and harass their customers the most.

      Customers? We're talking about people who aren't buying macs. Try to keep up, will you?

    3. Re:Who wants to update?? by bsDaemon · · Score: 2, Interesting

      Microsoft's customers are OEMs and retailers, not us. We're consumers. Apple is more of a self-contained ecosystem, having their own stores and selling their entire vertically integrated product stack directly to end users. In Microsoft's case, their actions make slightly more sense, however most Apple customers seem more than willing to just bend over and take it with regards to some of the b.s. that the company seems to want to perpetrate.

      Now, I must admit that I'm pretty jealous over the fact that OS X is the only Unix I can think of that can run Photoshop natively alongside the likes of Matlab and everything else I can get on a BSD or GNU platform, and their hardware does have the shiny factor, but quite frankly, I can't really see the value added in running OS X on my EeePC and so really have no willingness to jump through the hoops to try and get it running, with out without the added steps to try and prevent me from doing so. It just doesn't really seem worth it to me.

    4. Re:Who wants to update?? by Renraku · · Score: 3, Insightful

      Depends on what you call a customer. They have NO RIGHT to tell me what I can or can't install their OS on. They try to with EULAs, but it wouldn't hold up in court if they tried to sue over it. As long as someone is paying Apple for the OS, then they're a customer.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    5. Re:Who wants to update?? by uncanny · · Score: 5, Insightful

      they make the program, they may not be able to "tell" you what not to do with it, but they can make their program however they want to. and if they dont want it to run on a certain system, guess what, you cant TELL them not to do that. however not giving them your business, or whine, is about all you can do.

    6. Re:Who wants to update?? by ColdWetDog · · Score: 2, Funny

      And we're also talking about a single blogger being repeated ad-bloggium. Nothing like creating a windstorm in a vacuum.

      --
      Faster! Faster! Faster would be better!
    7. Re:Who wants to update?? by TubeSteak · · Score: 2, Insightful

      They have NO RIGHT to tell me what I can or can't install their OS on. They try to with EULAs, but it wouldn't hold up in court if they tried to sue over it.

      Licensing terms that won't hold up in court if Apple sues you
      also won't hold up in court if you sue Apple for declatory relief.

      So either no one has thought of this before (highly unlikely)
      or nobody is confidant enough to file the lawsuit (more likely).

      --
      [Fuck Beta]
      o0t!
    8. Re:Who wants to update?? by pseudonomous · · Score: 1

      If you buy a copy of OS X from Apple, you are an Apple customer, even if you don't have a mac. If you pirate a copy of Windows, then even though you are a Windows user, you aren't a Microsoft customer. (unless you also buy other stuff from them)

    9. Re:Who wants to update?? by Anonymous Coward · · Score: 0, Flamebait

      You didn't pay for it. You paid for an upgrade of OSX... for the copy that came with the Mac you never bought. You stole it.

    10. Re:Who wants to update?? by Ethanol-fueled · · Score: 1

      They have NO RIGHT to tell me what I can or can't install their OS on.

      Yes, you go ahead and install OSX on your Game Boy. Don't let them boss you around, you go-girl.

    11. Re:Who wants to update?? by RyuuzakiTetsuya · · Score: 0, Troll

      Just as well, as long as you accept the fact that you have no say as to what goes into their system updates.

      What obligation are they to you to support your processor?

      Jeez, you sound like of those PPC freaks.

      --
      Non impediti ratione cogitationus.
    12. Re:Who wants to update?? by GF678 · · Score: 2, Insightful

      They have NO RIGHT to tell me what I can or can't install their OS on.

      Morally, they don't.

      Legally, they DO (and has been proven in court).

      Break the agreement at your peril.

    13. Re:Who wants to update?? by onefriedrice · · Score: 2, Informative

      If you buy a copy of OS X from Apple, you are an Apple customer, even if you don't have a mac. If you pirate a copy of Windows, then even though you are a Windows user, you aren't a Microsoft customer. (unless you also buy other stuff from them)

      If you buy a copy of OS X and install it on non-Apple hardware, you are a customer who has broken his license agreement. Remember software is licensed, not outright purchased, and you have no legal standing at all outside of the terms of the license.

      Whether or not that makes Apple the bad guy is up for pointless debate, which I'm sure we'll get a lot of.

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    14. Re:Who wants to update?? by Renraku · · Score: 1

      You're right. If I used it, I would have no say as to what went into their updates. Would you 'update' your car's tires to support fewer makes/models of tire?

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    15. Re:Who wants to update?? by jawtheshark · · Score: 3, Informative

      You can buy an OS X license retail... you know... Never did... Won't do... Not a Mac user, nor a Hackintosh user. I'm fine with Debian, thank you very much.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    16. Re:Who wants to update?? by MBCook · · Score: 1, Offtopic

      Why shouldn't I be able to specify what happens with the software I write? Why shouldn't I be able to specify "you must run this on my hardware" as a condition of sale?

      You have no right to ignore my rights as the software creator. You were free to not buy my software.

      Really. I'd like to see a good reason. All I've ever seen is "I bought it, I can do what I want". Basically "I want". That always ignores the other half, Apple's rights. Why shouldn't Apple have the ability to specify conditions of sale. You're free to accept or decline, it's a contract. Apple isn't a monopoly on the computer market, it's perfectly possible to use a computer without having to buy any Apple hardware/software.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    17. Re:Who wants to update?? by mini+me · · Score: 2, Funny

      Apple does not sell OS X without accompanying hardware. You can grab an OS X upgrade disc for a nominal fee, but it is just that, an upgrade version.

      If you want Apple to play fair, you must also play far. "Full version" copies of OS X start at around $599. Not a bad price when you think about it. It is only a couple of hundred dollars more than Windows 7 Ultimate (Full version) and it comes with a free Mac Mini!

    18. Re:Who wants to update?? by BitZtream · · Score: 0, Flamebait

      They most certainly DO have the right. You have no right to tell them what they can and can't do with their own stuff.

      You have the right to NOT BUY IT. They have the right to refuse you service. You can't legally buy OS X for something other than a Mac. It doesn't have to get to the EULA, its clearly stated on the outside of the box. It doesn't matter how ignorant you are. They don't even do the typical thing which is to put an EULA in the software that you can't read until you've opened the box and started the install process.

      You don't get to tell them how to sell their product. They don't get to force you to buy it. You don't like their terms, tough shit. Stop your whining and pony up for a Mac or shut the fuck up. Run something you agree with.

      Someone buying a copy of OS X for their PC is not an Apple customer as far as Apple is concerned, just like if you go to the grocery store and buy a gallon of milk, and steal a loaf of bread, they still have their rights. Buying one thing doesn't let you steal something else, regardless of what you think in your twisted little mind.

      hey try to with EULAs, but it wouldn't hold up in court if they tried to sue over it.

      Really? Then why is there a court case involving that very thing? Software licenses DO hold up on court, GPL has proven that. Get over it.

      If Apples' license isn't valid, neither is GPL, and I can take any GPL app and distribute binaries with proprietary code without any source.

      You don't get to pick and choose when copyright is valid. Its either valid for everyone or it isn't. You don't get special rules.

      Don't like Apple, DON'T USE THEIR SOFTWARE. Its that freaking simple. People like you are so freaking disconnected from logic and reality its not funny. Stop whining like a little bitch and face reality, if you want them to share with you, you have to respect their rules. Running OS X is not a right.

      Don't like it? Change the law, until then, shut the fuck up, we're tired of the broken record.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    19. Re:Who wants to update?? by madsenj37 · · Score: 4, Informative

      Licensing aside, they never supported the Atom. As far as I know, they never planned or pledged to support it. Although you may be a customer, you were not an intended one if you installed OS X on an Atom. Apple does not sell anything with an Atom.

      --
      Choosing the lesser of two evils is a choice for evil.
    20. Re:Who wants to update?? by Anonymous Coward · · Score: 1, Interesting

      please link me to the court judment upholding the EULA please

    21. Re:Who wants to update?? by Just+Some+Guy · · Score: 5, Insightful

      You didn't pay for it. You paid for an upgrade of OSX... for the copy that came with the Mac you never bought. You stole it.

      You're a damn liar. I'm holding the Leopard box that I walked into an Apple Store and paid full retail price for. Looking at the label, it says "MAC OS X V10.5 RETAIL". The DVD inside says "Mac OS X Leopard Install DVD". WTF part of that sounds like "upgrade" to you?

      --
      Dewey, what part of this looks like authorities should be involved?
    22. Re:Who wants to update?? by dissy · · Score: 1

      They have NO RIGHT to tell me what I can or can't install their OS on. They try to with EULAs, but it wouldn't hold up in court if they tried to sue over it.

      Exactly.

      Just like the authors of GPL software have NO RIGHT to tell me I am not allowed to distributed modified binaries with out source code!

      Oh wait...

    23. Re:Who wants to update?? by commodore64_love · · Score: 1

      You can't. That would be illegal under the Moss-Magnuson Act.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    24. Re:Who wants to update?? by solevita · · Score: 1

      They have NO RIGHT to tell me what I can or can't install their OS on.

      I'm not an Apple user / customer, and can't see myself becoming one anytime soon, maybe that's why I fail to see why you're getting so excited by this? If you don't like what Apple do, don't but their products or use their OS; plenty of other people do like what the company does and pay for the experience. There's no need to stop using your indoor voice in what should be a fairly straight forward decision making process.

    25. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      my ex girlfriend worked for apple and told me that an agreement with microsoft was in effect to keep the mac os off the "buy a disk install on your hardware" circuit since microsoft knows os would be adopted in droves.

    26. Re:Who wants to update?? by Anonymous Coward · · Score: 1, Interesting
      Not supporting is one thing. Intentionally disabling is another.

      Jeez, you sound like of those PPC freaks.

      Yes! God damn those PPC freaks for hoping their computer would be supported with software for more than 3 years!

    27. Re:Who wants to update?? by Capt_Morgan · · Score: 0, Insightful

      It's a contract of adhesion.... do you have the right to tell me what size monitor I can use with your software? How about what days of the week I can use it? Get over yourself

      --
      It takes a big man to cry, but it takes a bigger man to laugh at that man.
    28. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Another fucking half wit Mc fanboy eh?

      Even before I started reading the comments, I knew
      the rabid fanboys would be out in force.

      "People like you are so freaking disconnected from logic and reality its not funny."

      From a bloody Mac user thats pretty funny, you must be thinking of yourself subconciously.

      Good job they have round corners!

      Grow up and buy a decent computer.

    29. Re:Who wants to update?? by rinoid · · Score: 1

      No! Read the story. This is a developer seed. Maybe something borked things so badly they yanked it out of this seed. Call me when it's a shipping product and this same story is true.

    30. Re:Who wants to update?? by cob666 · · Score: 1

      If Apple was to license their software to run on non Apple sanctioned hardware then they (Apple) would be in a similar position that Microsoft finds itself in quite frequently. A large percentage of perceived problems people have with Windows can be attributed to poorly written device drivers and cheap / faulty hardware.

      --
      Do what thou wilt shall be the whole of the Law - Aleister Crowley
    31. Re:Who wants to update?? by maugle · · Score: 1

      Just wait, soon every purchase of Windows 7 will come with a free slap in the face from a Microsoft rep.

    32. Re:Who wants to update?? by mrsteveman1 · · Score: 4, Informative

      The GPL is a distribution license, not a EULA, and explicitly states that it places NO restrictions on the end user, and that acceptance of the license is not required, at all, to use the software.

    33. Re:Who wants to update?? by Colonel+Korn · · Score: 1

      my ex girlfriend worked for apple and told me that an agreement with microsoft was in effect to keep the mac os off the "buy a disk install on your hardware" circuit since microsoft knows os would be adopted in droves.

      The number of people who buy and install an OS, even a completely legitimate one, is pathetically small compared to the number who receive their OS with their hardware.

      --
      "I zero-index my hamsters" - Willtor (147206)
    34. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 5, Interesting

      Why can't I tell people they can't sell my book when they're done with it? Why can't I tell people where they can read my book? Why can't I forbid libraries from buying my books?

      Why shouldn't I be able to restrict what you do with my book after you bought it? What about my rights? You don't have to buy my book. You're free to accept or decline, it's a contract. I don't have a monopoly on books.

      Please tell me why the First Sale doctrine should apply to books but not to computer software.

      --

      -- Don't Tase me, bro!

    35. Re:Who wants to update?? by rootofevil · · Score: 0, Troll
      --
      turn up the jukebox and tell me a lie
    36. Re:Who wants to update?? by h4rr4r · · Score: 1

      GPL is a copyright license, Apple is using a EULA.

      You do not need to agree to the GPL to use the software product. You are only held to the GPL if you want to distribute said software.

      No one is talking about distributing OSX here, only using a copy they bought on non-blessed hardware.

    37. Re:Who wants to update?? by Anonymous Coward · · Score: 1

      Because I bought it. Just like Fender cant stop me from smashing my Stratocaster, or Ford from turbocharging my Mustang. You made it, congratulations, but I bought it and that makes it mine to do with as I please. Don't like it? Well, nobody made you sell it.

    38. Re:Who wants to update?? by pcolaman · · Score: 1

      Love or hate MS, but this is a big reason why Apple has so little of the share of the home desktop market. MS has been known for a lot of things, but they don't pull this kind of garbage with Windows. MS has unintentionally broken things at time, but I cannot recall in recent history when MS has released an update to ever intentionally break something. Apple seems to do it with both iTunes and OSX on a regular basis. I guess that's why Apple has to have attack advertisements, whereas MS generally takes the higher ground with their ads.

    39. Re:Who wants to update?? by frosty_tsm · · Score: 1

      Why shouldn't I be able to specify what happens with the software I write? Why shouldn't I be able to specify "you must run this on my hardware" as a condition of sale?

      Years ago, it was ruled that artificial limitations (as opposed to technological limitations) were illegal. Granted, this was back in the Fair Use era; decades before the DRM, DCMA, and other whittling of our writes as customers.

    40. Re:Who wants to update?? by flydude18 · · Score: 2, Insightful

      If you want to specify what I can do with a copy of your software, write a contract and make me sign it.

      If you're selling me a box (with a computer and a copy of the software inside it), then that's a sale. Maybe if your website said "click here to buy a computer and enter into a license agreement regarding a piece of software", you'd have an argument.

      If you're calling it a sale, then it's a sale, and first-sale doctrine should apply. That means I own the copy of the software that you sold to me. I can do whatever I want with it.

      Unless you're new here, you must have heard this argument against EULAs before.

    41. Re:Who wants to update?? by jpmorgan · · Score: 1

      Where do these rights you allude to come from? Where are they enumerated?

      If you want to make signing a contract which stipulates that the software will only be used in certain conditions a prerequisite for any software sale, that's your right. But last time I checked, I can buy a copy of OS X without signing anything whatsoever.

      If you don't want me doing something with your software, you have the right to not sell it to me in the first place.

    42. Re:Who wants to update?? by mejogid · · Score: 1

      And I quote from the link you posted: "Upgrade your Mac with the latest versions of your Apple software — all in one box" Apple sells computers with disks licensed only for that computer, which won't work even on other Macs of different configurations. The only OS X copies you can purchase on their own are upgrades.

    43. Re:Who wants to update?? by Stupendoussteve · · Score: 0, Troll

      Not all are "upgrade" versions.

      Snow Leopard was released in an upgrade and boxed set, specifically because only Leopard users were supposed to get the upgrade version. The box set is $169. OS X "upgrades" have always been full version copies.

      $499 is for Mac OS X server with an unlimited client license, but hey Amazon has Windows Server 2008 5 client for only $699, what a steal!

    44. Re:Who wants to update?? by SEE · · Score: 2, Insightful

      Why shouldn't Apple have the ability to specify conditions of sale.

      I have no objection to them doing so. All they have to do is present the conditions prior to completion of the purchase, to accept or decline, like any other conditional sale.

      If they aren't willing to do so, then they made the sale without conditions. I accordingly have all the rights specified in the United States Code regarding a copy of software I purchased, which explicitly includes making an adaptation to run on a machine of my choice.

      Apple doesn't do this because it would cost money to actually put conditions on the sale, printing the EULA forms and auditing resellers to make sure they were signed. It would also discourage purchases. Which are understandable reasons, but doesn't suddenly make it acceptable to impose conditions after a sale has been completed.

    45. Re:Who wants to update?? by ranson · · Score: 3, Interesting

      "Stole" my ass! I'm not sure where all the Apple FanBoys came up with the myth that the $29 Snow Leopard disc is an "upgrade." (Note, I'm a fanboy; I am currently typing on my new 27" iMac). I walked across the street to the Apple Store the day Snow Leopard was released, and paid $49 for my 5-user Family Pack edition. Nothing on the box, in the printed EULA, printed documentation, or electronic EULA at install time indicates my copy is intended to be an upgrade. In fact, I completely wiped a hard drive and installed it from scratch without any request for a disc containing a previous version. The requirements on my retail box state that it requires a "Mac computer with an Intel processor." That's it. Nothing about a previous OS is mentioned anywhere. Bottom line is it's a fully licensed copy, and purchasing and installing it one time (or five times in the case of the family pack) is not stealing. So stop calling this an upgrade only. It's not. I understand Apple's desire to keep OS X limited to their own hardware. The EULA is intended to prevent people like Psystar from making a dime on Apple's IP. Does Apple care about home enthusiasts getting the OS on unauthorized systems? Highly unlikely, if those enthusiasts are handing over $30 for the Snow Leopard disc. It's $30 in their pocket they wouldn't have had, to entertain someone's harmless fun. The removal of the Atom support is likely another cat and mouse game with the likes of Psystar more than it is with the home enthusiast community.

    46. Re:Who wants to update?? by yttrstein · · Score: 1

      "They have NO RIGHT to tell me what I can or can't install their OS on."

      Questionable at best. What is unquestionable is that they have absolutely no responsibility, legal or otherwise whatsoever, to continue supporting hardware that they do not use in the builds of their own systems.

      Just as you have the unquestionable choice at this point to use an operating system which may be more suited to your needs.

    47. Re:Who wants to update?? by bnenning · · Score: 5, Informative

      You can't legally buy OS X for something other than a Mac. It doesn't have to get to the EULA, its clearly stated on the outside of the box.

      System requirements are not a legally binding contract. Or do you think it's illegal to try to run software on a machine that doesn't meet the official minimum specs?

      If Apples' license isn't valid, neither is GPL, and I can take any GPL app and distribute binaries with proprietary code without any source.

      Um, no. The GPL depends only on copyright law. Apple's EULA attempts to impose restrictions that go beyond that.

      Don't like it? Change the law, until then, shut the fuck up, we're tired of the broken record.

      The law is clear, see 17 USC 117. What we need is for judges to strike down the loopholes that publishers have come up with to remove property rights from software purchasers. And I'm tired of Apple fanboys blindly defending everything Apple does and selling out our rights in the process. Oh, and I have 3 Macs.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    48. Re:Who wants to update?? by timmarhy · · Score: 1
      your logic falls over after the bit where i hand over money for it, and it becomes my property.

      attempting to control people after the sale shouldn't be legal, and only holds up because companys threaten legal action which the average person can't possibly afford. As the software creator your rights should only extend to copyright after the sale, and any conditions on warranty.

      in a sane world this is how it would work, but unfortunately we live in an insane world which stifles personal freedoms.

      --
      If you mod me down, I will become more powerful than you can imagine....
    49. Re:Who wants to update?? by pizzach · · Score: 0, Troll

      That makes no sense. It was never supported to begin with. It may have ran, but so does a car with a rocket attached to propel it. People determined to get mad about silliness. (This happens with MS articles too from time to time...)

      --
      Once you start despising the jerks, you become one.
    50. Re:Who wants to update?? by DreadPiratePizz · · Score: 1

      EULAs HAVE held up in court, and they certainly CAN dictate how you use your software. You seem like the kind of guy who would make changes to GPL code and not release the source. Or is that somehow different?

    51. Re:Who wants to update?? by sbeckstead · · Score: 1

      Magnuson-Moss act:
      The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.
      I fail to see how it applies here.

    52. Re:Who wants to update?? by Belaj · · Score: 1

      If you have a valid argument, then state it and let it be debated. Repeatedly calling parent posters morons is just childish.

    53. Re:Who wants to update?? by vux984 · · Score: 1

      Why shouldn't I be able to specify what happens with the software I write? Why shouldn't I be able to specify "you must run this on my hardware" as a condition of sale?

      Make it a "condition of sale" and we'll talk.

      Right now, I can walk into a store, buy a copy of OSX, take it home, give it to my brother for his birthday (implied complete transfer of ownership). And by the time you get around to trying to impose "conditions of sale" the sale is a fading memory... of a person who doesn't even have it anymore.

      You want to make something a "condition of sale", fine, but you've got do that when you MAKE THE SALE.

    54. Re:Who wants to update?? by sqlrob · · Score: 2, Informative
    55. Re:Who wants to update?? by phantomfive · · Score: 1

      It isn't your right. Rights are things we make up as a society to make living together easier. God sure didn't give you any rights, or anyone else.

      So it's a compromise. I can do anything I want with your software because it's in my hands. You can include things like trojans to try to stop me, but there are more of us than there are of you, so if we fight, in the end, we will win.

      Fortunately, as a society we've realized that it is helpful to give certain privileges to content creators. This helps encourage people to write books and produce software. But it isn't about your right or my right, it's about a compromise we've come to in a society where different people have opposing goals.

      --
      Qxe4
    56. Re:Who wants to update?? by chromatic · · Score: 5, Insightful

      Legally, they DO (and has been proven in court).

      Which case is this? In which jurisdiction was this case?

    57. Re:Who wants to update?? by m.ducharme · · Score: 1

      Contracts of adhesion are completely legal and make up a large chunk (maybe a majority) of the contracts any of us makes on a daily basis.

      Even your badly contrived monitor example fails if your software requires a certain quality level of monitor to function properly.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    58. Re:Who wants to update?? by he-sk · · Score: 1

      That's complete bull. I have two Leopard DVDs at home. One I bought retail. It will install on any Mac including machines where the hard drive has been wiped clean. It says nothing about an upgrade, neither on the package nor during the install procedure.

      The other came with a used MacBook I bought via E-Bay. It clearly says Upgrade on the disc and won't install unless there it finds an existing Tiger or Leopard installation on the target computer. Since the box also contains Tiger CDs (which BTW can be used to install Tiger on a wiped disk) I assume that the seller bought the MacBook when Leopard wasn't releases and took Apple up on their Leopard upgrade offer.

      BTW, the current Snow Leopard retail version costs 29 € vs. the upgrade version you can get for 9 € if you bought your Mac less than $x months ago.

      The short version: Apple does indeed sell OS X without any hardware.

      --
      Free Manning, jail Obama.
    59. Re:Who wants to update?? by h4rr4r · · Score: 1

      GPL is a copyright license, Apple is using a EULA.

      You do not need to agree to the GPL to use the software product. You are only held to the GPL if you want to distribute said software.

      No one is talking about distributing OSX here, only using a copy they bought on non-blessed hardware.

      Are you a troll or just that fucking stupid?

    60. Re:Who wants to update?? by sqlrob · · Score: 1

      According to Apple, they're all upgrade versions, there's no such thing as a full version that doesn't come with a Mac.

    61. Re:Who wants to update?? by Stupendoussteve · · Score: 1

      How about Windows Genuine Advantage? This certainly disables some usability in unlicensed copies.

      If you are using OS X on non-Apple hardware you are also using it without a license to do so.

      It is common for OS X updates to break the hackintosh machines anyway, just as common are the ways people find around it. IMO this is not news.

    62. Re:Who wants to update?? by sbeckstead · · Score: 1

      If you have a valid argument, then state it and let it be debated. Repeatedly calling parent posters morons is just childish.
      I see, Ok you parse this text and tell me what argument you can make of it:
      Would you 'update' your car's tires to support fewer makes/models of tire?

    63. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      They try to with EULAs, but it wouldn't hold up in court if they tried to sue over it.

      You're completely full of shit, I'm afraid. Their argument about booting the computer up creating an illegal copy in RAM will hold up; that's how Blizzard Entertainment won their case vs. that WoWSlider bot thing.

      Case law, fuck yeah.

    64. Re:Who wants to update?? by jawtheshark · · Score: 1

      Just for the record... I used to use an iBook.... Back in the PPC days. The damned thing died within 3 years... No personal computer did that to me. Sure it was an "exception". Even my Windows machines lasted more than 3 years.... without reinstall, because I know how to handle them.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    65. Re:Who wants to update?? by Faceless+Void · · Score: 1, Insightful

      Nobody said that. It's just that the Snow Leopard disc is so cheap because they assume that you have bought an Apple computer already. If they couldn't make this assumption, the disc would be much more expensive. So yeah, you are "stealing", (if you can call that kind of infringement stealing). It's like going to the restaurant of an hotel where guests have to pay less and telling them that you are a guess to get a discount, when in fact you aren't. How do you call that?

    66. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      moron

    67. Re:Who wants to update?? by pizzach · · Score: 1

      The other issue is the users who will immediately start pirating Mac OS X when the price goes up if it is offered for generic hardware. You know it will happen.

      --
      Once you start despising the jerks, you become one.
    68. Re:Who wants to update?? by Aranykai · · Score: 1

      A better analogy is when you buy uprated after market brakes and complain your manufacturer's wheels no longer have enough back space.

      If you want to run the thing on something they don't support, that is your problem, not theirs.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    69. Re:Who wants to update?? by gobbo · · Score: 1

      I can't really see the value added in running OS X on my EeePC and so really have no willingness to jump through the hoops to try and get it running

      You won't get it running on your Eee. However, if you have a Dell, MSI, or HP netbook (certain models, anyway) and want to install OSX 10.6 on it, there aren't many more steps than, say, getting an XP install working on a typical build-yer-own box in 2006... download a few drivers, a few reboots, etc. Pretty easy, really, if you are any kind of nerd (or can run BSD).

      The benefits are obvious: ooh shiny! ... though I would skip installing photoshop on a netbook.

    70. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Bartering for the rights of others is slavery.

    71. Re:Who wants to update?? by Anonymous Coward · · Score: 5, Funny

      Because Apple doesn't write books.

    72. Re:Who wants to update?? by he-sk · · Score: 2, Informative

      Mod parent up!

      I have modpoints, but I've already commented in this thread.

      It bears repeating: You don't have to accept the GPL to merely use GPL'd software. You can even modify it without accepting the GPL.

      It's the zeroth software freedom as defined by the FSF: In your own private home you should be able to do anything you want with software, including uses that were not originally intended by its authors.

      --
      Free Manning, jail Obama.
    73. Re:Who wants to update?? by PRMan · · Score: 3, Informative

      Remember that books are licensed, not outright purchased...

      Or at least they were, until the courts struck it down with the First Sale Doctrine...

      In 1908, in Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908), the first-sale doctrine was established. In a later opinion (Quality King v. L'Anza) (see below), the Court described this opinion:

      “ In that case, the publisher, Bobbs-Merrill, had inserted a notice in its books that any retail sale at a price under $1.00 would constitute an infringement of its copyright. The defendants, who owned Macy’s department store, disregarded the notice and sold the books at a lower price without Bobbs-Merrill’s consent. We held that the exclusive statutory right to "vend" applied only to the first sale of the copyrighted work...

      Also, a judge just struck down that idea in the AutoDesk case:

      In 2008, in Timothy S. Vernor v. Autodesk Inc.[6], a U.S. Federal District Judge in Washington rejected a software vendor's argument that it only licensed copies of its software, rather than selling them, and that therefore any resale of the software constituted copyright infringement. Judge Richard A. Jones cited first-sale doctrine when ruling that a reseller was entitled to sell used copies of the vendor's software regardless of any licensing agreement that might have bound the software's previous owners because the transaction resembled a sale and not a temporary licensing arrangement[7].

      Moral of the story is, you can't believe everything you read in a EULA.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    74. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      10.5 will receive support and updates until 10.7 is released.

    75. Re:Who wants to update?? by Duradin · · Score: 1

      "If you want to specify what I can do with a copy of your software, write a contract and make me sign it."

      Dollars to doughnuts you'd scream bloody murder if some big company decided to do something that would violate the GPL....

    76. Re:Who wants to update?? by Marful · · Score: 4, Interesting

      Where the license and docs inside required as a contingent clause during the contractual exchange when he paid money for the product?

      How exactly do you "agree" to be bound and restricted by the "license" and "document" that you cannot get access too until you purchase the product?

      Shrink wrap license are unenforceable. If you are to be bound by terms and conditions, they must be present during the contractual exchange (i.e. paying money for the product).

    77. Re:Who wants to update?? by Darkness404 · · Score: 4, Interesting

      Which had annoying legislation like the DMCA not passed, we could actually change that. Really we need sane copyright laws, yes, Apple should be allowed to block Atom CPUs but I should be able to hack in support if I feel like it.

      --
      Taxation is legalized theft, no more, no less.
    78. Re:Who wants to update?? by timmarhy · · Score: 1
      "You have no right to tell them what they can and can't do with their own stuff."

      I think it's funny you lead with this argument while telling everyone they can't do what they want with thier purchase, which is esstenitally "their own stuff".

      fail much more?!

      --
      If you mod me down, I will become more powerful than you can imagine....
    79. Re:Who wants to update?? by sbeckstead · · Score: 0, Troll

      Interesting personal anecdote, I have 4 ibooks that all work perfectly to this day but that is irrelevant too, what does it have to do with your current statement that you are happy with Debian. I'll take that you once had an interest in Apple to be your reason for making the anecdotal statement but what prompted your previous inexplicable outburst about Apple?

    80. Re:Who wants to update?? by ratboy666 · · Score: 2, Interesting

      Your RIGHTS as software creator. What are you talking about?

      Those "rights" stop when the sale is made. To give some bad analogies -

      I can buy a prime roast, and feed it to my dog, or let it rot. The farmer has no say in this.
      I can buy a car, and blow it up. The auto designer has no say in this.

      Back to your software...

      You sell me software, and I can use it per your demands.
      You sell me software, and I can just let it sit and not use it.
      You sell me software, and I can destroy it.
      You sell me software, and I can resell it.
      You sell me software, and I use it per my needs.

      None of these choices has ANYTHING to do with you. You could, of course, engage me in a contract instead of a sale, which would involve a negotiation, and, if you wanted to limit what I wanted to do, a price negotiation.

      I bought my OS X at a retail store. I didn't enter a contract at the time of sale. There is an EULA, but, since there was no meeting of minds, I don't think it qualifies as a legal contract (in my jurisdiction, anyway). Still, the wording was "use only on an Apple labeled system". And Apple was kind enough to include some Apple labels in the package.

      #1 Apple didn't negotiate a contract with me.
      #2 Apple seems to have provided stickers providing "Apple Labeling".
      #3 I am fully willing to accept the terms of Copyright Law.

      So, what IS your point?

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    81. Re:Who wants to update?? by ceswiedler · · Score: 1, Troll

      Will it install on a clean hard drive? I'm honestly curious here; from what I understand, even the "full retail" version won't. If that's the case, then I think it's an upgrade, regardless of what the box says.

    82. Re:Who wants to update?? by Anonymous Coward · · Score: 1, Funny

      You might want to learn proper grammar before you start calling anyone an idiot or a moron.

    83. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      EULAs are nothing more than mere suggestions if you don't present them to the user prior to the sale. It must be on the box or presented in some way to the buyer before the transaction takes place. Putting it inside the box or inside the software itself means that is simply not part of the contract.
       
      Apple is fully free to specify conditions of sale, but as far as I have seen, they do not. Besides, the Apple products that I have purchased have been through third-party retailers (Wal-Mart, Best Buy), so I am only bound by my contract with them, and Apple has no right to dictate what I can and cannot do with the property I have purchased. If the contract between Apple and the retailer required them to enforce certain contract terms with end-users and they did not, then it is the retailers that are in breach of (a different) contract, not their customers.

    84. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 1, Flamebait

      Your logic falls over after the bit where you never BOUGHT the software in the first place. You paid for a license to use the software included in the box. Apple hasn't sold a single copy of OSX EVER. You've licensed this software and therefore agree to the terms of the license. If you don't agree, return the software.

      And to those "but the EULA doesn't count because I couldn't read it before i bought it" people, the EULA is supposed to be available upon request, is available on apple's website, AND apple will let you return the purchase if you decline the EULA upon running the program.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    85. Re:Who wants to update?? by DJ+Particle · · Score: 0, Troll

      Well, the EULA simply just defines the terms of which they will support you on. Breaking the EULA isn't *illegal*, but breaking it does mean you won't get help or support from Apple, and Apple is only obliged to make the OS work within the terms of the EULA.

      Psystar is being sued because they were SELLING hackintoshes and, to the average end user, were making MacOS X look bad by running it on hardware it was not designed to run on. Damn right Apple's going to flinch at that. Psystar was basically selling geek hobby systems to the average end user who wouldn't know how to keep it running, and so when it breaks, many of these end users will end up blaming Apple, tarnishing Apple's rep.

      That's why Apple previously turned a blind eye to the hobbyists (who know better than to expect Apple to supply hackintosh support, and know the risks beforehand), but now are trying to sue the pants off Psystar. Psystar's asshattery and persistence has now caused Apple to specifically try and kill the hackintoshes, and the hobbyists are unfortunately caught in the crossfire. I just hope the majority of us can put the blame for this on Psystar where it belongs.

    86. Re:Who wants to update?? by Belaj · · Score: 1

      My brakes worked fine before I got the "better" wheels. This is about choice and control. If I want to run the thing on something they don't support, that is indeed my problem. When I can't run the thing because they arbitrarily don't allow me to, it's a different story.

    87. Re:Who wants to update?? by GF678 · · Score: 2, Informative

      Sure: http://en.wikipedia.org/wiki/Psystar_Corporation#Legal_issues

      They challenged the EULA and the court favored Apple.

      Come on people! This is Slashdot, you should have already known about this. The EULA has got precedent. The time for arguing it hasn't is over.

      Break the agreement at your peril.

    88. Re:Who wants to update?? by pcolaman · · Score: 1

      WGA doesn't completely disable the OS though. And if you buy a legit copy of Windows, they don't try to disable it. Huge difference there. You can buy a legit copy OS X and they'll still disable it if you aren't using their hardware. Nice try though.

    89. Re:Who wants to update?? by assaultriflesforfree · · Score: 3, Insightful

      This is ridiculous nonsense.

      1) You have no such "right." Somewhere along the line some lawyer made this up and then guys with lots of money threatened to bring down big hammers on anyone who didn't respect it. Similarly, I don't have the right to sell you a sock and then sue you for trying to wear it in a competitor's shoe.

      2) Good reasons you shouldn't have such a right: it's anti-competitive and bad for the economy when a small handful of companies are able to control how the majority of people are able to use their products to do useful things, or are able to bar competitor's from using their products in completely fair ways. "Apple isn't a monopoly" doesn't negate this fact.

      3) Apple has an effective monopoly on certain industries, so the point's wrong on the facts as well.

      4) Simply stating, "You were free not to buy my software," is being willfully obtuse. Forgive the hyperbole, but imagine for a moment that Monsanto suddenly decided you could only cook their food in pots they made and sold for ludicrous prices. What good reason could we possibly have to deny them this right (that they simply made up) to control how their consumer products are used after sale? After all, they're not selling food; they're selling the "experience" of eating. And we're perfectly free not to eat!

    90. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 1

      Well, a contract is valid unless proven otherwise, so you like me to a court judgment invalidating ALL EULAs or even an entire EULA?

      You can't. There have been cases in the past to invalidate SPECIFIC CLAUSES of a EULA, but never the whole thing.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    91. Re:Who wants to update?? by elfprince13 · · Score: 1

      to be fair, how many of the hackintosh crowd are actual OS X owners and didn't just torrent the DVD from TPB?

    92. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Would u like to buy a hammer with the creator/manufacturer rights claiming it can only be used to hammer nails from xyz or crack nuts from vendor zyx, how about driving vehicle AAA only on roads made by company BAAA or this chicken u bought can only be cooked on pans WTF and served on plates, forks and cups from LOL company?
      How about oral medicine from company HUKD that can only be swallowed with water/beverages supplied by DUMB&co?

    93. Re:Who wants to update?? by Lehk228 · · Score: 1

      yes you can specify it as a condition of sale, before the sale.

      not after the sale buried in fine print.

      --
      Snowden and Manning are heroes.
    94. Re:Who wants to update?? by Xtravar · · Score: 1

      Apple tailors its software for its hardware, news at 11! This story has spawned a philosophical debate which has caused us to overlook two very important points:
      1. Are there really that many Hackintoshes out there for there to be two stories in one day about them?
      2. Is anyone surprised that Apple would do this?

      We can yammer all day until the cows come home about whether it's right or wrong for Apple to play cat & mouse with Hackintosh users, but in the grand scheme of things, it's really a non-story and the submitter was incredibly naive or trolling to think Apple will change its POV on this.

      --
      Buckle your ROFL belt, we're in for some LOLs.
    95. Re:Who wants to update?? by CastrTroy · · Score: 1

      Amazon has basically done this with the kindle. It's now possible to buy books that you can't resell. They can also control what you can do with the book, including which devices you can read it on. With paper books it was wasn't possible to really track a paper book, and see who you sold it to. But with eBooks, it's possible, so why not lock them down as much as possible.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    96. Re:Who wants to update?? by syousef · · Score: 1, Flamebait

      Why shouldn't I be able to specify what happens with the software I write? Why shouldn't I be able to specify "you must run this on my hardware" as a condition of sale?

      Explain to me why you should have this right at all. If you release it, it's out in public. I can understand that you have a right to be paid for the work you did, but as for control of something you've created, you don't have a leg to stand on.

      Imagine if the wheel or fire were invented in the modern era. "No sir, you may not use 4 wheels on your vehicle. Our license agreement stipulates 2 wheels. Our policy is to prosecute anyone who tries to create 4 wheel vehicles". "No sir, you may not use your fire to warm your home. That is a misuse of your license and will be prosecuted. It's only to be used for cooking. We'll be unveiling the heating application next July at FireCon"

      You have no right to ignore my rights as the software creator. You were free to not buy my software.

      What exactly gave you those rights you claim?

      Really. I'd like to see a good reason. All I've ever seen is "I bought it, I can do what I want". Basically "I want".

      Exactly the argument you're making. I made it! I sold it! I want to still have control over it after I've sold it!

      That always ignores the other half, Apple's rights.

      Last I checked (ignoring promotions) companies don't give away their stuff. They're compensated for its use.

      Why shouldn't Apple have the ability to specify conditions of sale.

      Because it stiffles progress. Because it's wasteful. Because it's childish. Because in most cases doing so will not make them any more money but will hamper use of their product.

      You're free to accept or decline, it's a contract. Apple isn't a monopoly on the computer market, it's perfectly possible to use a computer without having to buy any Apple hardware/software.

      Yeah, until they patent something and kill competition that way...but that's a whole other kind of evil.

      --
      These posts express my own personal views, not those of my employer
    97. Re:Who wants to update?? by ag0ny · · Score: 1

      Why shouldn't Apple have the ability to specify conditions of sale.

      I have no objection to them doing so. All they have to do is present the conditions prior to completion of the purchase...

      You mean, like they are doing NOW by telling everybody this before they release MacOS X 10.6.2?

    98. Re:Who wants to update?? by MightyYar · · Score: 1

      Break the agreement at your peril.

      Okay, where has an INDIVIDUAL gotten into trouble for breaking an EULA? Seriously, what kind of peril could I possibly face when not a single soul has been hit up with an EULA lawsuit? The two "big" cases supporting the EULA that I know about are corporate in scale.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    99. Re:Who wants to update?? by Darkness404 · · Score: 1

      Show me the court case. Until that happens EULAs are both ethically a problem and legally a problem. For one it stretches the definition of a contract. Nowhere on the Snow Leopard box does it print the EULA. Most stores have a return policy that makes it impossible to return opened software unless it is defective. So you have an unknown contract that costs $30 to read, no ability to easily return it, and the software is useless without accepting the EULA. Now some may point out that you can go to Apple's website and read it before you buy, however, if I offered a "Real Talking Doll" with small print that says "goto somesite.com/specs/somefile.pdf for details" and that file said that it didn't talk, nor was it real I think that would still be grounds for deceptive advertising.

      --
      Taxation is legalized theft, no more, no less.
    100. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 2, Insightful

      False. EULA stands for End-User License Agreement. Like the name suggests, its the terms to which you are licensed the software. It has nothing to do with support. Apple didn't go after the hackintosh community because:

      1. Its as impossible as stopping piracy.
      2. Apple, despite common belief, isn't out to fuck anyone over.

      Psystar is cutting into Apple's profits in an illegal manner. Apple only LICENSES OSX, and Psystar is breaking that license (or contributing to the end user to do so) and thus makes it a matter of copyright infringment. If Psystar has OSX but no license, then it has an illegal copy. Apple will put a legal end to Psystar, and if it can't, it'll put a technical end to both Psystar and the hackintosh community

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    101. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 2, Insightful

      If you're speeding and nobody is around to report it, are you still breaking the law?

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    102. Re:Who wants to update?? by ag0ny · · Score: 1

      Apple does not sell OS X without accompanying hardware. You can grab an OS X upgrade disc for a nominal fee, but it is just that, an upgrade version.

      You're wrong. The Snow Leopard DVD is a full install disc that you can install on a clean hard disk.

    103. Re:Who wants to update?? by westlake · · Score: 1

      It's like Microsoft and Apple are trying to compete and see who can belittle and harass their customers the most.

      The Hackintosh is a technical hobbyist's DIY project.

      But the system builder is insignificant in the consumer market space where Apple and Microsoft compete.

      Microsoft can live with painfully thin margins in the netbook sector because it is so strong everywhere else.

      The chances are really quite good that the XP or Win 7 netbook will be the buyer's second or third Windows PC.

      Apple has only five to ten percent of the PC market as a whole. Joining the march to the bottom makes no sense.

      Not when it is so strongly positioned to sell smart phones and other more profitable mobile Internet devices.

    104. Re:Who wants to update?? by snowraver1 · · Score: 1

      1) They have the right to refuse service.

      Sure, they can refuse to sell me the product if I walk into a store, however, what if I but a legal copy from eBay? Can they prevent me from using that copy? It's not about refusing service.

      2) Someone buying a copy of OS X for their PC is not an Apple customer as far as Apple is concerned, just like if you go to the grocery store and buy a gallon of milk, and steal a loaf of bread, they still have their rights. Buying one thing doesn't let you steal something else, regardless of what you think in your twisted little mind.

      I'm pretty sure that someone buying OS X is the definition of 'customer'. I realize that this is not what Apple wants though. Let's say you go to the hardware store; you are looking for a shed. You make your selection, but there is a notice posted that the materials provided to make this shed, can only be made into a shed. This wood is not to be used for any other purposes (Including burning, or making a fence).
      Obviously, that would never happen. If someone tried to take the shed kit to make a fence, there would probably be a few problems along the way, likewise with an OS X install on non-supported hardware. If that's the case, buy something that supports your hardware (a fence kit), but don't cry when you find out that a shed kit makes a shitty fence.

      3) If Apples' license isn't valid, neither is GPL, and I can take any GPL app and distribute binaries with proprietary code without any source. - You don't get to pick and choose when copyright is valid. Its either valid for everyone or it isn't. You don't get special rules.

      I'm not all knowledgeable about GPL, but as I see it, GPL's rules are for the intention of generating more code. "Take this, do something different with it, let us see it." It can be viewed as a noble intention. Apple is trying to prevent this for other reasons (not known to me).

      In my opinion, OS X is not a service. It is a product, just like MS Windows. Once you pay the piper, you get to choose the song. If Apple was charging $x/month for 'computing services' where they would provide the hardware, keep it modern, properly patched and virus free, while guaranteeing it, that would be a different story.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    105. Re:Who wants to update?? by jawtheshark · · Score: 1

      Make it anecdotal... I still recommend Apple to those who have no clue. Better for them. I personally am disappointed of the quality Apple delivers, especially on hardware. (Logic board was the culprit and Apple wouldn't accept it because I was 2 weeks after their extended warranty). I always heard that Apple hardware (NOT TRUE) would live twice as long as PC hardware . I have no problem with Apple.... Just don't think it's the pinnacle of innovation. It's not. If Windows machines last longer than Apple machines, even with their reputation, you've got a problem.... Yes, anecdotal... I know... I recommend Apple, not because of quality because they won't call me... And usually, they'll throw away the machine after 2 years... just like a Windows machine.... Except I didn't get to clean viruses..

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    106. Re:Who wants to update?? by gyrogeerloose · · Score: 1

      my ex girlfriend worked for apple and told me that an agreement with microsoft was in effect to keep the mac os off the "buy a disk install on your hardware" circuit since microsoft knows os would be adopted in droves.

      Total nonsense. I don't know how many times this has been explained here on Slashdot but some people just don't seem to get it that Apple doesn't sell it's OS for use on non-Apple hardware because Apple is a hardware company. They make money selling hardware, not licensing software as Microsoft does. OS X is one of the things Apple uses to differentiate its hardware from that of other computer manufacturers. If they were to allow people to install OS X on other manufacturers' hardware, they would be shooting themselves in the foot.

      All that said, the reason that Apple had included support for the Atom processor in OS X in the first place was that they had intended to use an Atom in their upcoming tablet computer. However, they were not satisfied with the Atom's performance and switched to an ARM processor instead. In other words, they dropped Atom support not to keep people from installing OS X on netbooks but because it's not needed for any Apple product.

      So much for conspiracy theories.

      --
      This ain't rocket surgery.
    107. Re:Who wants to update?? by jfruhlinger · · Score: 1

      Apple isn't telling you you aren't allowed to do this, in the sense that they're siccing the power of the state on you to stop you from doing it. They're just making their products such that you can't do this, or at least that it's more difficult. This may make their products less valuable to you, and make you less likely to purchase them! Presumably they have weighed this lost of revenue against the revenue stream they get from selling hardware and have decided they like the latter better.

    108. Re:Who wants to update?? by Anarchduke · · Score: 1

      The difference isn't the size or the quality of the monitor. The difference is more like saying that I can only run the software on a Viewsonic brand monitor. Whether Apple's particular contract of adhesion is legal is currently being tested. The problem is whether a software creator has the right to tell the consumer what brand hardware he can run the software on.

      --
      who prays for Satan? Who in 18 centuries has had the humanity to pray for the 1 sinner that needed it most? ~Mark Twain
    109. Re:Who wants to update?? by Belaj · · Score: 2, Insightful

      Skipping the tire analogy, I could say that :
      Apple knows its OS best and the Apple approved choices are the optimal choices and thus, the best result for the customer;
      or that blocking hardware that works fine is just an attempt to maintain a stranglehold on the ecosystem (and their profits).

      My initial point was that attacking the person shows the lack of merit of your argument. If their argument has flaws, expose them. If they are indeed morons, then it's self-evident and there's no need to lower oneself to name-calling.

    110. Re:Who wants to update?? by ag0ny · · Score: 1

      uh, try less than 200$
      http://store.apple.com/us/product/MC209Z/A?n=osx&fnode=MTY1NDAzOA&mco=MTA4MjgwNzU&s=topSellers

      That box isn't just MacOS X. It comes with iLife and iWork. This is the one you wanted ($29).

    111. Re:Who wants to update?? by db32 · · Score: 4, Insightful

      This kind of idiotic entitlement mentality is fucking things up for everyone. So, those using the GPL have no right to tell me that I can't close their source and resell it like I want. Why is it that people are so happy to violate licenses to get what they want, then scream and bitch when someone else violates licenses to get what they want? It blows my mind that this crap is modded insightful. What you are advocating is just another form of tyranny. "They don't sell what I want them to sell, so I will force them to do it my way!"

      Right now Apple doesn't do any of that serial key, activation, or other call home bullshit. Asshat behavior like yours is going to drive them to either doing something irritating along those lines, or simply pricing a standalone copy of OS X at an obscenely high price and then just sell "upgrades" or some other such nonsense to force the tie to a piece of Apple hardware. If you don't like their terms, don't buy it, that simple. It isn't like the standard EULA where they hide terms until post sale, the Apple hardware requirement is put out there up front.

      I suppose you are the kind of neighbor that turns the stereo up at 2am in your apartment because you paid for it and no landlord has a right to enforce the conditions?

      --
      The only change I can believe in is what I find in my couch cushions.
    112. Re:Who wants to update?? by Anarchduke · · Score: 1

      That wasn't the question. The question was, "Why shouldn't the First Sale doctrine apply to books and not to computer software."

      --
      who prays for Satan? Who in 18 centuries has had the humanity to pray for the 1 sinner that needed it most? ~Mark Twain
    113. Re:Who wants to update?? by Belaj · · Score: 1

      Skipping the tire analogy, I could say that :
      Apple knows its OS best and the Apple approved choices are the optimal choices and thus, the best result for the customer;
      or that blocking hardware that works fine is just an attempt to maintain a stranglehold on the ecosystem (and their profits).

      My initial point was that attacking the person shows the lack of merit of your argument. If their argument has flaws, expose them. If they are indeed morons, then it's self-evident and there's no need to lower oneself to name-calling.

    114. Re:Who wants to update?? by NeutronCowboy · · Score: 2, Informative

      Why shouldn't I be able to specify "you must run this on my hardware" as a condition of sale?

      Because this ignores the doctrine of first sale - that once you collect money for something, you don't control what happens to your product.

      Wait, you say there's a contract involved? You're free to write any contract you want - some contracts are unenforceable though. Furthermore, you cannot unilaterally change a contract after the sale has occurred.

      Wait, you say it's not a contract, but a license? Again, changing the license voids the initial agreement. You have to get me to agree to the new terms of license. Furthermore, if you insist on calling it a license, I'll insist on you providing me free access to the data controlled by the license.

      Finally, you didn't enumerate your rights as the software creator. What are those? As far as I can tell, there are only a select few inherent and unalienable rights, and they're spelled out in the declaration of independence (or human rights, if that floats your boat more). None of those talk about anything even remotely related to copyright. It seems to me you're trying to impose your rights on others, rather than the other way around.

      --
      Those who can, do. Those who can't, sue.
    115. Re:Who wants to update?? by gyrogeerloose · · Score: 1

      MS has unintentionally broken things at time, but I cannot recall in recent history when MS has released an update to ever intentionally break something

      They intentionally broke QuickTime for Windows. That was an issue brought up in DOJ -v- Microsoft.

      --
      This ain't rocket surgery.
    116. Re:Who wants to update?? by MrHanky · · Score: 1

      Correct. And people really should rethink buying things from Apple: the company has been known for doing the same thing that they do to Atom owners to their 'proper' customers for a long time, artificially cutting off support for older computers to force people to upgrade their hardware. 5 years seems to be the maximum allowed age for Apple hardware before OS support is cut off.

    117. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Why shouldn't I be able to specify "you must run this on my hardware" as a condition of sale?

      Well perhaps this particular example doesn't exactly involve the worst case of market manipulation. However, in generally the idea that in order to buy X from me I requires you to buy Y from them is undesireable because it is potentially anti-competitive. If you were to say, I'm selling this kind of phone, but you can only use it with that telco, you have formed a horizontal collusion with another person to the detriment of all other parties in the system (including the end customer). This kind of thing (3rd line forcing) used to be illegal until Bork, Posner et al. castrated anti-trust law (and it remains illegal elsewhere in the world).

      You were free to not buy my software.

      Free as in theory, or free as in practice?

      OK, say that Microsoft decide as a condition of buying any version of their OS you must also take out an annual subscription to Gay Leather Pr0n Weekly. You don't really want to buy Gay Leather Pr0n Weekly, ('cause you're a wuss). So you want to say no, but the place you work for won't pay you your salary unless you use some "solution" they provide which has to run on Windows. OK, so you are free to quit the job, but then you find you can't log onto the JobSearch website on any machine not running (you guessed it). But that's alright, 'cause a buddy of yours has heard about this modelling job you can get without buying Windows. So now you are a model for Gay Leather Pr0n Weekly, but hey, at least you are "free."

      Might be simpler just to limit horizontal collusion in the first place though. You see the greater the right of a person providing a good or service to impose the consumption of someone else's good or service upon you as a condition, the more your freedom to buy or not to buy any particular good or service is undermined. The more our freedom to arrange for ourselves (rather than having arrangements forced upon us as conditions of sale) an array of goods and services purchased which suit our individual needs, the more competitive and innovative the market remains.

    118. Re:Who wants to update?? by dnaumov · · Score: 1

      Depends on what you call a customer. They have NO RIGHT to tell me what I can or can't install their OS on. They try to with EULAs, but it wouldn't hold up in court if they tried to sue over it.

      You might want to tell that to Psystar, because so far it doesn't look good for them at all.

    119. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Please tell me why the First Sale doctrine should apply to books but not to computer software.

      Because as a large corporation I have plenty of money to bride congress with. As a poor author you do not.

    120. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 1

      Because you didn't buy your computer software? You bought a license. The first sale doctrine 100% applies to that license. You can print the license, burn it, sell it if you want, that is all fine. However, you didn't buy the software. It is still owned by the company, and you have been given the right to use it, under certain conditions.

      If you want, you can license your book, too. You can restrict where people can read it and that they can not sell the book themselves. You can't prevent them from selling the license, but they couldn't sell the book.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    121. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      This may be true, but they're also not under any obligation to support your using the product in a way they don't intend. Reading TFA shows that support was removed, not that some evil "kill all netbookz" stuff was added.

      In the classic Slashdot car analogy, this is like complaining that the manufacturer of an auto exhaust pipe removed the flange that you were using to turn their product into a bong. They don't have to support your unauthorized, and unintended, use. You are, however, entitled to be butthurt about it on the Internet, as if that does any good.

    122. Re:Who wants to update?? by dangitman · · Score: 1

      I have no objection to them doing so. All they have to do is present the conditions prior to completion of the purchase, to accept or decline, like any other conditional sale.

      They have done this for years. They make all the license agreements available publicly on their website, and encourage people to read them before purchase. They are also included in the product packaging.

      Apple doesn't do this because

      Except, of course, that they do...

      --
      ... and then they built the supercollider.
    123. Re:Who wants to update?? by LoRdTAW · · Score: 1

      I don't understand what everyone's problem is with Apple locking out non apple hardware from running OSX. If Apple says OSX is for Apple hardware only, why are people pissed that they can't run it on non Apple hardware? What is the problem here? If you don't like the terms then don't buy the damn software. And for those who pirated OSX, too fucking bad. You want some cheese with your whine? Why not buy a netbook with Linux? you would be doing a big favor for a great community and its people.

      If Apple doesn't want you running their software on non Apple hardware then do yourself a favor and don't. If you want OSX then buy a Mac Book for a grand. How fucking hard is it to understand that?

    124. Re:Who wants to update?? by pcolaman · · Score: 1

      I do recall saying "in recent history."

    125. Re:Who wants to update?? by GF678 · · Score: 1

      Where did I say individual?

      I'm saying, as a general rule, that breaking the agreement is at your peril. Obviously companies are going to be most affected, but the letter of the law can scale down if it seems financially appropriate.

      Stop nitpicking, it's makes you look like you don't have much to do.

    126. Re:Who wants to update?? by kimvette · · Score: 1

      Agreed. I have a couple of Macbooks and a G4 but I hate, hate, HATE the one-button touchpad, so I choose to build hackintoshes instead. I can get better hardware in the deal while I'm at it (Core 2 Quad, various higher-end Nvidia cards, etc.) than Apple even chooses to offer in a Mac Pro. So, I keep the Macs around as paperweights and buy OS X to install on Hackintoshes. Everybody wins, even Apple.

      I AM thinking of buying a Mac Mini, but not any of their notebooks, tightly-closed-and-unexpandable iMacs, and certainly not their Mac Pros when I can build a better workstation-class PC for less money.

      Besides, the first sale doctrine allows me to do what I please on commodity good (i.e., not work-for-hire or rented) product I buy except for violate the copyright outside of Fair Use.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    127. Re:Who wants to update?? by kimvette · · Score: 2, Insightful

      or whine, is about all you can do.

      Or, you can bypass technical measures for the purpose of interoperability, which is expressly permitted even by the DMCA itself.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    128. Re:Who wants to update?? by dangitman · · Score: 0, Troll

      How exactly do you "agree" to be bound and restricted by the "license" and "document" that you cannot get access too until you purchase the product?

      Sigh. You can access them prior to purchase, and are encouraged to do so:

      "Your use of Apple-branded hardware and software products is based on the software license and other terms and conditions in effect for the product at the time of purchase. You will be asked to agree to the terms of the applicable agreement at the time that you obtain or install the software or setup the hardware product. You may review the agreements for Apple’s currently shipping products, by clicking the appropriate link below. Please be aware, however, that your purchase is subject to the particular agreement that accompanied the software or hardware product at the time of purchase and that you must agree to the terms and conditions of that agreement when you install the software or set up the product. That agreement may differ from the version of the agreements you can review here. Be certain to read the applicable agreement carefully before you install the software or set up the product."

      Such ignorance of facts on slashdot is really astounding.

      --
      ... and then they built the supercollider.
    129. Re:Who wants to update?? by kimvette · · Score: 1

      It shouldn't.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    130. Re:Who wants to update?? by R3d+M3rcury · · Score: 1

      They have NO RIGHT to tell me what I can or can't install their OS on.

      Agreed. But that doesn't mean they have to make sure that (a) it works and (b) continues working beyond what they tell you it will work on--an Apple branded Intel-based Computer.

      Just because I might be able to get the pieces of Snow Leopard on my PowerPC Mac hard drive does not mean that it will work or that Apple is somehow required to make it work.

    131. Re:Who wants to update?? by timmarhy · · Score: 1

      nope. you can buy retail copies of OSX, so your whole diatribe is null.

      --
      If you mod me down, I will become more powerful than you can imagine....
    132. Re:Who wants to update?? by bsDaemon · · Score: 1

      At some point, if it becomes economically feasible, I may buy a "real" Mac, but I just really don't feel like trying this type of project just now. There are more productive things to spend time on.

    133. Re:Who wants to update?? by Valdrax · · Score: 1

      Depends on what you call a customer. They have NO RIGHT to tell me what I can or can't install their OS on.

      And you have no right to demand freely-provided updates for non-Apple systems. What are you going to do if they break your install, sue them under the contract you refuse to accept as binding on you? The doctrine of first sale doesn't protect your rights to have a working copy of the OS on your hard drive.

      They try to with EULAs, but it wouldn't hold up in court if they tried to sue over it.

      Good luck holding that argument up in court. Most contract law classes today cover cases like ProCD v. Zeidenberg, which not only upholds EULAs but upholds the kind that are binding upon opening the package and before getting to read the full terms.

      As long as someone is paying Apple for the OS, then they're a customer.

      Yeah, but they're a customer like someone who goes to a restaurant, orders a small cup of soup and a glass of water, and who then demands endless breadsticks. The restaurant seems pretty justified to me in cutting off the flow of bread, charging more, or kicking the customer out.

      Or to use another metaphor, "the customer is always right" doesn't mean you have to tolerate shoplifters just because they buy some gum on the way out after pocketing a CD. If a "customer" tries to take something from you for less than it costs to make, you're quite justified in making sure they don't come back.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    134. Re:Who wants to update?? by zoloto · · Score: 1

      Why not? You have an EULA. The "L" in there is License and A for Agreement. Don't like the terms, don't use the software. That's the Law, regardless of your opinion on the matter.

    135. Re:Who wants to update?? by dangitman · · Score: 2, Informative

      Um, no. The GPL depends only on copyright law. Apple's EULA attempts to impose restrictions that go beyond that.

      This is a completely nonsensical argument. The GPL does impose restrictions that aren't mentioned in copyright law. Where in copyright law does it state that one is required to distribute source code with copies?

      This is nothing but sheer hypocrisy - it's OK for the GPL to impose restrictions in a license, but not for Apple to?

      Here's a hint - one of the words "GPL" stands for is "license." Yet you are arguing that software licenses are wrong?

      --
      ... and then they built the supercollider.
    136. Re:Who wants to update?? by earthbound+kid · · Score: 1

      Uh, except the poison update in question is for 10.6 Snow Leopard, not 10.5 Leopard. Let's try to follow the thread of logic, please.

      Anyway, this whole thing seems stupid: EULAs and the DMCA's DRM provisions are dumb, but guess what the alternative to them is? Manufacturers making it inconvenient to use software in a way they don't approve of. Take your pick: you can either have the law trying to fuck you or corporations trying to fuck you. Believe me, this is the lesser of two evils.

    137. Re:Who wants to update?? by chocomilko · · Score: 3, Interesting
      So if a PC owner buys Snow Leopard for a Mac owner this Christmas, they're stealing?

      How about a neo-luddite who buys a disc for the sole purpose of destroying it? Are they stealing?

      No, of course not. That's retarded. Apple cannot and does not assume that everyone who purchases their OS own a Mac. You can't call someone's behaviour "stealing" if they're exchanging money for goods at the advertised price.

      I suppose buying Gillette razor blades and then gluing them to popsicle sticks to shave with is stealing too, then?

    138. Re:Who wants to update?? by TooMuchToDo · · Score: 1
      Check your facts sir:

      http://en.wikipedia.org/wiki/Software_license_agreement#Enforceability

      The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard. Some courts that have addressed the validity of the shrinkwrap license agreements have found some EULAs to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the U.C.C. —see, for instance, Step-Saver Data Systems, Inc. v. Wyse Technology (939 F.2d 91), Vault Corp. v. Quaid Software Ltd. (at harvard.edu) and Rich, Mass Market Software and the Shrinkwrap License (23 Colo. Law 1321.17). Other courts have determined that the shrinkwrap license agreement is valid and enforceable: see ProCD, Inc. v. Zeidenberg (at findlaw.com), Microsoft v. Harmony Computers (846 F. Supp. 208, 212, E.D.N.Y. 1994), Novell v. Network Trade Center (at harvard.edu), and Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. may have some bearing as well. No Court has ruled on the validity of EULAs generally; decisions are limited to particular provisions and terms.

      Emphasis mine.

    139. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      You may as well complain that MS isn't patching Win9x or Win2k anymore, and that they are therefore forcing their customers to upgrade their software.

      You can't expect companies to support old products indefinitely (barring a contract stating otherwise), and that applies to Apple and Microsoft as much as it applies to any other software company.

    140. Re:Who wants to update?? by MightyYar · · Score: 4, Insightful

      Begging the question, are we?

      Seriously, where is my peril for building a Hackintosh. And if it is "illegal" to screw around with hardware and software that I've purchased without any kind of special contract, then seriously... fuck the law. That's just messed up.

      If software vendors want me to follow special rules, then they can try to get me to sign a contract. The ethics are pretty clear when enter into a contract and you are not coerced to do so.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    141. Re:Who wants to update?? by timmarhy · · Score: 1
      your argument is so thin it's laughable. i'd like to see you buy a copy of OSX, open the packaging (which you have to do to read the EULA), and then try return it. there's no way in hell they would give you your money back since they can't tell if you've made a copy.

      And this argument that i haven't purchased it only licensed it, it just doesn't cut it. Why can't you just admit this shit is wrong?

      --
      If you mod me down, I will become more powerful than you can imagine....
    142. Re:Who wants to update?? by jschen · · Score: 3, Informative

      Even the upgrade DVD will happily install on a clean drive, without verification of the operating system that might have previously been on the drive.

    143. Re:Who wants to update?? by jedidiah · · Score: 1

      > Why shouldn't I be able to specify what happens with the software I write? ...because once you sell me a copy: IT ISN'T YOURS ANYMORE.

      That copy is MINE. Just like the keyboard I am typing on or the monitor I am looking at or the chair I am sitting in or the rest of the house I am sitting in.

      Your rights END when you accept my money and the product enters my house.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    144. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Doh! ... I mean vertical collusion, not horizontal. Sorry I often can't remember which way is up or down :?

    145. Re:Who wants to update?? by timmarhy · · Score: 1

      could you be anymore confused?! lolz.

      --
      If you mod me down, I will become more powerful than you can imagine....
    146. Re:Who wants to update?? by Anpheus · · Score: 4, Informative

      You can. Reverse engineering is explicitly allowed. Distributing a program for the purpose of circumventing copy protection, even if it was found through reverse engineering... is not.

      So if a large corporation wanted to put Mac OSX on all their internal computers, and was OK with doing internal support on non-Apple hardware, they could modify the distribution and use it internally, but it'd have to be for internal use only, and telling someone else how to do it, selling the software to do it, etc, might run afoul of the law.

      For better and worse.

      Note: I am not a lawyer, but this is what I've gleaned from the DMCA. My advice is not legal advice and I am not liable for it.

    147. Re:Who wants to update?? by Bender0x7D1 · · Score: 1

      I'm not all knowledgeable about GPL, but as I see it, GPL's rules are for the intention of generating more code. "Take this, do something different with it, let us see it." It can be viewed as a noble intention. Apple is trying to prevent this for other reasons (not known to me).

      Noble intentions have nothing to do with copyright or even laws in general.

      In fact, they had to pass Good Samaritan laws so someone attempting to save your life isn't responsible if they hurt you in the process. (That would seem like the ultimate "good intention".) Even then, there are specific rules that have to be followed. For example, if someone is choking you are required to ask if you can help them, and receive their consent, before attempting the Heimlich maneuver. If you don't ask - you are libel. (Side note: If they are unconscious, consent is implied.)

      --
      Reading code is like reading the dictionary - you have to read half of it before you can go back and understand it.
    148. Re:Who wants to update?? by Marful · · Score: 2, Interesting

      And were these documents part of the contractual exchange prior to transfer of ownership of property?

    149. Re:Who wants to update?? by Devout_IPUite · · Score: 1

      Apple should be smacked for Anti-trust violations for blocking Atoms. I like OS X, but I wish our courts were more interested in smacking people for anti-competitive behavior. Consumer freedom my ass.

    150. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      Psystar is cutting into Apple's profits in an illegal manner.

      Only if by "cutting into Apple's profits" you mean "allowing people to pay for OSX and use it on a non-Apple-manufactured machine". These are people who aren't going to buy Apple hardware anyway, but the do want to buy Apple's OS; most of the people would probably stick to Linux or Windows if they don't get their Hackintosh.

      In other words, they're not cutting into Apple's profits; they're actually allowing Apple to sell more copies of OSX.

      I'm not going to go into whether such a thing should be or is legal, but I just wanted to clarify that you'd be hard-pressed to show Apple actually losing profits over this. (Unless you count their lawyer fees, of course.)

    151. Re:Who wants to update?? by jedidiah · · Score: 1

      The GPL only restricts what can be done with derivatives works that are distributed to others.

      Mind telling how me installing Snow Cat on a netbook comes even close to that.

      Nevermind non-Apple hardware. It would be nice if MacOS install media were just generic with respect to other Macs.

      It's bloody annoying. It's worse than Dell. I can't even use disks from different revisions of the same hardware (like 2 different release levels of the i945 minis).

      --
      A Pirate and a Puritan look the same on a balance sheet.
    152. Re:Who wants to update?? by MeNeXT · · Score: 1

      So now you are telling me I can't drive my car or sleep in my house or sit in my chair because someone can put a little paper that states that if I read it I agree with the terms? My money does not come with any EULA and if any portion of it is not legal tender as stated then I will be arrested. So it better work as advertised and any limitations you care to impose are recommendations. If you don't like it don't sell it. Once I bought it I can do as I please as long as I don't sell copies of it.
       

      I will run it as many times as I please, on any hardware that I choose as many years as I care for. If you don't like it then don't release it!
       

      --
      DRM? No thanks, I'll just get it somewhere else...
    153. Re:Who wants to update?? by MBCook · · Score: 1

      But OS X isn't a book. You can't buy it without getting a Macintosh. It's a part of a whole, a part that's upgradable.

      You are free to resell your Macintosh. You can throw it out a window. You can't sell just one part (OS X) to someone else, just like you can't sell a book without it's cover, or put your own cover on it and pretend it is yours (Psystar).

      No one yells that Canon is violating the law because they won't let you install their firmware on Nikon cameras.

      No one used to complain you couldn't run System 6 on your PC, or say Microsoft was ripping you off because you couldn't install DOS on your SE/30. The fact that Atari was different from Tandy was a given, and the OS was seen as a part of the whole. That's how Apple operates.

      Just because some players in the market don't operate that way doesn't mean no one should be able to.

      Apple doesn't sell OS X. Apple sells updates to OS X. If you don't have OS X, you can't use the boxed copy, don't buy it.

      You can't pay $200 for a Adobe Create Suite 17 upgrade and not be able to use it yourself. How DARE Adobe requite me to buy their software first.. I bought the upgrade, I should be able to run the software. It's my boxed copy. First sale doctrine.

      Apple doesn't sell OS X. They sell updates. This is an important distinction.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    154. Re:Who wants to update?? by drizek · · Score: 1

      I was actually planning on buying a retail copy of Snow leopard, since for $25 on Amazon it isn't worth the hassle of pirating it.

      Fat chance of that happening now, Steve.

    155. Re:Who wants to update?? by icebraining · · Score: 1

      Actually, Win2000 is still under the extended support phase, so Microsoft still provides free security updates, as well as paid support. https://blogs.msdn.com/ie/archive/2005/03/29/403513.aspx

      Windows 98 isn't, but from 5 to 11 years goes a long way.

    156. Re:Who wants to update?? by MightyYar · · Score: 1

      Nitpicking? You were basically trying to make it sound like there might be some legal consequence to buying a netbook and putting OSX on it, which is ridiculous.

      Unless you are trying to make money from selling OSX on netbooks, there is no "peril". Your sentence should read: "Break the agreement and suffer no legal repercussions whatsoever."

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    157. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 1

      Its not my argument, its fact. You may not be able to return it to BB or a retail store, but you can always return it to Apple. You don't have to open the package to read the EULA either.

      And yes, the licensing argument does cut it, and will continue to cut it, because its the contract you WILLINGLY accepted. Don't like the rules, don't buy the license.

      I don't like this whole license thing myself, and I'd build a hackintosh too if I had the time, but that doesn't mean that its not illegal to do so, and people need to understand that it is in fact a license. Whether it is moral for software companies to do or if it is moral to break such contracts is all relative to the person; morals are dependent on the entity. The law, however, corresponds to all.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    158. Re:Who wants to update?? by Wizard+Drongo · · Score: 1

      Maybe in your demesne, but not everywhere. Many places have a "common-sense" policy that states you're fine as long as you can show to the Judge that your intentions were based on good sense and that the "average man" would agree and do likewise Oh, and side-note pedantry: you'd be *liable*. Libel is something completely different...

      --
      The truth shall always be free: Boris Floricic is Tron.
    159. Re:Who wants to update?? by MBCook · · Score: 1

      They do this. The license is available online. The box says that you must own an Apple Macintosh computer running OS 10.(X-1). There is a copy int eh box. When you try to install it, you get the EULA which says that if you don't agree you can return the product for a full refund.

      You are not screwed if you buy it. You can get your money back no problem.

      Apple isn't pulling any kind of Bait and Switch. The terms are there, numerous times, for you to read. The requirements are known. Apple doesn't advertise you can run OS X on any computer but a Macintosh. None of this should be a surprise to anyone.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    160. Re:Who wants to update?? by Totenglocke · · Score: 1

      You're free to accept or decline, it's a contract.

      No, it's not. It's "you sold it to me, it is now mine, I can do whatever I want with it as long as I don't violate your distrobution rights". In every other industry in the world, people are well aware of the concept of ownership. However, in the software / entertainment industry, people like you have this fucked up idea that after you sell a person a product, you still own it and have control over it. That's not how ownership works.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    161. Re:Who wants to update?? by snaz555 · · Score: 1

      That wasn't the question. The question was, "Why shouldn't the First Sale doctrine apply to books and not to computer software."

      It does. You can read the software as much as you like. You just can't make copies of it - like onto a computer, without a license to do so. Just like the book. But you can sit and read the bits of the disk as much as you wish. You can even give it to your friends for them to sit and read the bits until they get mortally bored with it.

      And this is the fundamental difference between a book and software: reading the book is its principal use. It is in itself not meaningful with software.

    162. Re:Who wants to update?? by spire3661 · · Score: 1

      This doesnt mean they have to go out of their way to kill hobbyists. Its a dick move, and when people do dick moves, people tend get upset about, hence all the rhetoric flying in here today. Apple is jsut being a jerk, no one wants to see a third party cutting into Apple's main profit sources, but a little hobbyist hackintosh built by a home user isnt going to touch their bottom line. Im talking home use, experimental use only, nothing commercial/for profit.

      --
      Good-bye
    163. Re:Who wants to update?? by MBCook · · Score: 1

      I'm sorry, but you didn't buy OS X. You bought a license to an upgrade, and a magic piece of plastic. The upgrade requires OS X, which you can only get with a Macintosh.

      Should I be able to force a company that manufactures turbos for Ford Mustangs to sell me one that will work with my Honda? It would only take minor changes, just like open market OS X would only require a few more drivers.

      You can't force a company to sell a product to you. Even if there wasn't any licensing, Apple can put conditions on sales.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    164. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      really outstanding my ass

    165. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 4, Informative

      > If you want, you can license your book, too.

      No, you absolutely can't. First Sale originally became case law because a publisher attempted to do exactly that: include a "license" on that restricted your right to resell the book. In 1908, the Supreme Court (Bobbs-Merrill Co. v. Straus) found that anyone that bought a copy of a book was free to resell it. Copyright grants you a right to sell, but does not grant you the right to limit resale after the fact. Period. It was later codified (Copyright Act of 1976) to include anyone that legally owned a copy (even if they didn't buy it).

      What makes software so special and different from books and records? It's true that case law hasn't fully caught up, but give me a reason as to why the author of a software product should have any additional rights that are not granted to other copyright holder?

      --

      -- Don't Tase me, bro!

    166. Re:Who wants to update?? by Digital11 · · Score: 3, Informative

      Yes, it will install on a clean box. How else would you install it on a new hard drive if your old one went bad?

      --
      I am a leaf on the wind. Watch how I soar.
    167. Re:Who wants to update?? by MBCook · · Score: 1

      It's an implied condition of sale. It's in the EULA. That's why it says something like "if you don't agree to this, you can return this software for a full refund". It's not like you lost your money.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    168. Re:Who wants to update?? by nosferatu1001 · · Score: 1

      Nope, you purchased a copy of the software - the licence is an attempt at contract of adhesion, and certainly in the UK is looked upon with a dim view. UCTA pretty much invalidates most.

      If it looks like a sale it is a sale, despite an attempt to "licence" it afterwards.

    169. Re:Who wants to update?? by Lershac · · Score: 1

      no, its not. He is not lying. Apple is ASSUMING. They could very very easily require a previous version disk, or ask you at checkout if you have a previous version. They dont. Ever. They just like the cash register ringing.

      --
      Chuck
    170. Re:Who wants to update?? by MBCook · · Score: 1

      Why don't I have a right to control my own creation? Artists can control the images they make (with a few minor exceptions, like parody and criticism). Why shouldn't other professions be able to do the same thing?

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    171. Re:Who wants to update?? by shentino · · Score: 1

      Just because Psystar fucked up their legal defense and neglected to assert first sale rights doesn't mean us individuals have to follow suit (no pun intended).

      And in psystar's case, they DID make unauthorized copies via the imaging process. If they'd been good boys and installed them MANUALLY like they were supposed to apple wouldn't have a leg to stand on. If psystar had done that, then they'd have clean hands.

    172. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 1

      Your argument is flawed. You assume that 100% of the people who buy/build hackintoshes would not buy Apple hardware if they could not have hackintoshes. If someone wants the "Apple Experience" then they'll buy an Apple computer. Apple makes the software for one purpose: to sell hardware. To argue otherwise is pointless and incorrect. Not to mention that you have no proof that people building hackintoshes are even buying copies of OSX. Hell Psystar even failed to prove sales records, effectively admitting that they're 100% retarded, or pirating OSX.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    173. Re:Who wants to update?? by Microlith · · Score: 1

      This is a completely nonsensical argument

      No, it's totally sound. If you disagree with the GPL you have the right to use the software as you see fit but cannot redistribute it (which is what copyright governs.)

      The GPL does impose restrictions that aren't mentioned in copyright law

      Like what? Can you name anything that doesn't involve redistribution?

      This is nothing but sheer hypocrisy - it's OK for the GPL to impose restrictions in a license, but not for Apple to?

      The GPL imposes no restrictions upon you unless you accept it, and those are the terms under which you are granted permission that would otherwise be denied. Apple basically says "copyright says you can't redistribute this, oh and you also can't do a, b, c, d, e, f, g, ..."

      There is no hypocrisy here.

    174. Re:Who wants to update?? by dangitman · · Score: 2, Informative

      Obviously. You need to read them when you set up the software. The way the installers are designed, is that is doesn't proceed with the installation until you have agreed to their terms. Otherwise no transfer of ownership takes place.

      --
      ... and then they built the supercollider.
    175. Re:Who wants to update?? by MBCook · · Score: 1

      You're assuming you have the right in the first place. Bartering to grant you a privilege isn't slavery.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    176. Re:Who wants to update?? by nosferatu1001 · · Score: 1

      No, just licences imposed AFTER PURCHASE

      THe GPL removes a restriction with Copyright - you may not distribute - but in return you agree to abide by the terms of the licence. A licence you are free to decline, and unlike EULAs would have you believe *you still retain the rights to use the program* - you just may not distribute.

    177. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 5, Insightful

      First Sale applies to recordings too. I am allowed to buy a used CD and I can do whatever I want with it. The digital contents of the CD are read into a machine just as software is read into a machine. No one ever said that you were only allowed to look at the bits on a CD. You own your copy and you can do whatever you like (other than copy and redistribute). So why should software be different? Why does the author of a software program get to limit my rights when no other type of copyright holder has such a power?

      --

      -- Don't Tase me, bro!

    178. Re:Who wants to update?? by ppanon · · Score: 5, Insightful

      At which point they could refuse to sell the update to anyone who hasn't registered their purchase of an Apple computer. Currently that's a hassle they prefer not to make their users go through, but if they had no other way to limit distribution to owners of Apple computers supported by that update, that would certainly be an option. At which point you wouldn't be able to legally run their software because you wouldn't be able to buy a copy except on eBay secondhand (and you know how well that would work).

      The cost model for MacOS is the opposite of the one Microsoft, HP printer/cartridge, and razor vendors use: the fixed and variable costs are front-loaded on the initial purchase and minimized on the updates. Conversely, Microsoft practically gives away Windows licences via OEMs and nails you on the upgrades. I actually think it makes sense that the MacOS X incremental upgrades are cheaper and the up-front costs of the hardware are higher. I don't have a lot of sympathy for you trying to game the system/business model. Seriously, if you want to run MacOS X so much, buy a MacOS box sized for your needs. You can multi-boot or virtualize Linux, Windows or any other O/S you care for. I don't see why anyone would care whether your efforts at running MacOS on unsupported hardware are being stymied.

      Now sure you can say: if you can't virtualize MacOS then you are concerned about its long term availability and your ability to access your applications and data in the future. Now that's a good point, one which I can appreciate since my wife's G4 iMac has been in the shop for the last month because of the lack of availability of replacement power supplies. However if that is an overriding concern for you, then run Linux on commodity hardware where that concern is addressed. But you can't always get everything you want and sometimes you have to make a decision on what's more important to you. Apple has basically made it clear they are only interested in doing business with those people willing to accept their business model. If that model's not acceptable to you, then too bad. Move on.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    179. Re:Who wants to update?? by R3d+M3rcury · · Score: 2, Interesting

      Not supporting is one thing. Intentionally disabling is another.

      Well, I think either is legal for Apple. I think intentionally disabling is very tacky, though.

      Imagine that Apple's going to use a compiler which produces faster code for the Intel Core/Core 2 CPUs. Unfortunately, it is using instructions that are not available on the Intel Atom CPUs.

      So you're improving your products which are based on the Intel Core/Core 2 CPUs and you're removing compatibility with the Intel Atom. Since you never shipped a computer with the Intel Atom, it isn't a problem. Since you never stated that your software will work with an Intel Atom CPU, there's no legal issue.

      I mean, should I be upset because I can't install Mac OS X on a 80386-based PC just because I could NeXTStep?

      Frankly, it's pretty easy to come up with a scenario where Apple broke compatibility with Intel Atom CPUs not through any nefarious scheme but because it makes their Core/Core 2 products better, which is a good thing.

    180. Re:Who wants to update?? by nosferatu1001 · · Score: 2, Informative

      Quite amusingly your own ignorance shows through: the very text you (I guess blindly) copied states it is *not* the actual terms you will be agreeing to, and as such has absolutely zero, zilch, bearing on the contract between yourself and the retailer.

      Unless the software is EXPLICITLY licensed then it is a direct sale, and is to be treated as such: the only enforceable contracts are those at the point at which consideration is exchanged. Co0ntracts made after this point can only ever be considered "agreements" and have no legal backing and no penalties for non compliance.

    181. Re:Who wants to update?? by meerling · · Score: 1

      Or maybe there are few people/organizations willing to put up with the many millions of dollars and multiple years that such a lawsuit would inevitably entail, especially when they can just load windows or linux on whatever box they like.

    182. Re:Who wants to update?? by MBCook · · Score: 1

      I don't see any good proof that I don't have that right. Just a bunch of people saying I shouldn't. And, OS X isn't sold, only upgrades.

      It can be anti-competitive, that's why there are anti-trust laws. But if we outlaw any behavior that could be anticompetitive if used by a company with 90% market share would grind the market to a halt.

      Apple's (supposed) monopoly in one area is irrelevant in a different area. If I control the market for q-tips, that doesn't mean I can't sell something else. it's only illegal if I use my q-tip monopoly to force people to buy/not buy my new product/competitor products. Are you arguing that owning an iPod means I have to buy OS X?

      Simply stating "I can do whatever I want" is abstinent. What you are suggestion for Monsanto would be monopoly abuse, and there are anti-trust laws for that. Apple doesn't have a monopoly on computers. Apple sells something like 10% of all computers. They don't control the market, and you aren't locked out of using computers if you don't buy OS X. Your example is not the same.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    183. Re:Who wants to update?? by shentino · · Score: 1

      That's different.

      WoWslider made unauthorized modifications to Blizzard's software, thus creating a derived work.

      It was the copying to RAM *of the derived work* that burned them. Had they just left blizzard's software the fuck alone they'd have been in the clear.

    184. Re:Who wants to update?? by Faceless+Void · · Score: 1

      So if a PC owner buys Snow Leopard for a Mac owner this Christmas, they're stealing? How about a neo-luddite who buys a disc for the sole purpose of destroying it? Are they stealing? No, of course not. That's retarded.

      Formulating a broken analogy and then proceeding to say that something else is retarded based on it, that's what I call retarded. You aren't "stealing" (notice that I always say "stealing" cause it's not like you are *directly* depriving somebody of something) if you just buy a disc and don't install it on a PC. But if you install it on a PC, it means that you didn't pay Apple for an Apple computer, yet you are using their software, and Apple depends on this income to finance part of the Operating System, that would undoubtedly cost something more like 200 bucks rather than 30 if they intended to sell it for any computer. What part of this do people not understand?

    185. Re:Who wants to update?? by peragrin · · Score: 1

      Really then why don't you run autocad on Free BSD some time and let me know how well that works for you. Fact is just cause you buy it doesn't mean you can do whatever you want with it.

      A Vendor that specifies hardware is limiting themselves to hardware that they test. running OS X on non apple hardware is stupid as you lose most of the reasons for running OS X. Stable hardware in a known configuration. It's like running windows XP on PowerPC. sure there was a port for it years ago but that doesn't mean every app will run seamlessly.

      Besides running OS X on generic hardware is like putting a corvette engine in a kia. you have to do ugly hacks to make it fit, and then your still driving a Kia. Apple, IBM thinkpads, are quality that last over time. Dell, acer, HP, are just bulk packagers, selling the cheapest piece of shit they think you will be stupid enough to buy.

      --
      i thought once I was found, but it was only a dream.
    186. Re:Who wants to update?? by dangitman · · Score: 1

      If you disagree with the GPL you have the right to use the software as you see fit but cannot redistribute it (which is what copyright governs.)

      Copyright governs a lot more than redistribution.

      Like what? Can you name anything that doesn't involve redistribution?

      Why doesn't it count if it involves redistribution? The initial claim was that the GPL didn't add any restrictions that weren't already in copyright law. That's obviously not true, because copyright law makes no mention of not distributing source code, or making a program closed-source.

      The GPL imposes no restrictions upon you unless you accept it,

      Utter horsepucky. Even if you don't accept the GPL, you can still be sued for violating it. Why would you even have a license, if one could just disregard it, and still do as they please? I'm sure the creators of the GPL would love to hear their the license is unenforceable.

      Apple basically says "copyright says you can't redistribute this, oh and you also can't do a, b, c, d, e, f, g, ..."

      And the GPL says "if you redistribute, you can't do a, b, c, d, e, f, g, ..." - what's the difference?

      --
      ... and then they built the supercollider.
    187. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Oh cry me a river, you cheap fuck. If you want a Mac experience, buy a Mac.

    188. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 1

      Really? That has nothing to do with this. Bobbs-Merrill Co. vs. Straus says that the creator cannot limit resale. Thats it. I can license a book, so that I will always retain the ownership of the book, but the licensee will have possession of the book under certain terms. The licensee has the right to sell his license to someone else under the same terms, yet he can not sell the book, since I retain the ownership of the book.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    189. Re:Who wants to update?? by bnenning · · Score: 1

      The GPL does impose restrictions that aren't mentioned in copyright law.

      No.

      Where in copyright law does it state that one is required to distribute source code with copies?

      Copyright law says that you can't distribute binaries at all. The GPL weakens that restriction and says that you can distribute under certain conditions, one of which is that the source has to be available. Your rights under the GPL are a strict superset of your rights under copyright law.

      Here's a hint - one of the words "GPL" stands for is "license."

      Yes, and the GPL actually uses the term correctly. You are "licensed" to use the software in ways that would normally not be permitted. Contrast that to a typical EULA, which purports to remove rights that you would normally have, in exchange for nothing.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    190. Re:Who wants to update?? by MBCook · · Score: 1

      So if Apple goes to download only for OS X updates and checks that you are on OS X before they sell it to you, then Apple can say "you can't use OS X on generic computers?"

      You really think most of the people here arguing they should be able to use OS X however they want would be satisfied with that?

      Most people here seem to be arguing against not only that, but against the idea of licensing.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    191. Re:Who wants to update?? by peragrin · · Score: 4, Insightful

      For what? apple doesn't have to support hardware it doesn't want to. Just like Windows doesn't support sparc. MSFT should be brought up on anti trust charges for not porting every windows app to Sparc, and Cell, and arm.

      pull your heads out of your asses people.

      --
      i thought once I was found, but it was only a dream.
    192. Re:Who wants to update?? by vux984 · · Score: 1

      It's an implied condition of sale.

      What law enshrines that?

      It's in the EULA.

      I disagree with the EULA. It doesn't bind me. I decline to enter into that agreement.

      That's why it says something like "if you don't agree to this, you can return this software for a full refund". It's not like you lost your money.

      And my brother who received it as a gift?

      But fine, so they offer a remedy if I don't agree (although it can be a royal hassle actually exercising this option), so what?

      Yet another remedy is to ignore the EULA agreement entirely since I don't agree with it.

      Now this is the important part: if I don't AGREE to it, then NONE of its terms or restrictions apply, because I don't agree to it.

      That means that the ONLY thing that does apply are the normal copyright laws, and first sale doctrine etc, etc.

      That means they can't dictate what my options are if I don't agree, because those options are part of the contract I didn't agree too. And they can't tell me I can't use it without agreeing because they ALREADY sold it to me. And without an agreement that says otherwise, first sale doctrine and copyright law allow me to use the copy I bought however I see fit.

    193. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      If they are unconscious, consent is implied.

      Oh man, that never gets old.

    194. Re:Who wants to update?? by dangitman · · Score: 1

      No.

      So, why have the license, then? Why not say "it is licensed under copyright law" and be done with it? Oh, I know, because it includes clauses that aren't mentioned in copyright law!

      Copyright law says that you can't distribute binaries at all.

      No it doesn't. Can you point to where copyright law says that?

      Yes, and the GPL actually uses the term correctly. You are "licensed" to use the software in ways that would normally not be permitted.

      That's no different to a EULA. It's just different rights being granted and restricted.

      Contrast that to a typical EULA, which purports to remove rights that you would normally have, in exchange for nothing.

      In exchange for nothing? It's in exchange for getting to use the software.

      "the rights you would normally have" is meaningless, as the copyright holder gets to say what those rights are, within certain limitations.

      --
      ... and then they built the supercollider.
    195. Re:Who wants to update?? by Kryptonian+Jor-El · · Score: 2

      Sure you can.

      http://store.apple.com/us/product/MC209Z/A

      The Mac Box Set has a full retail copy of OSX that does not require a previous license to use.

      Also, I can "sell" OSX from my mac. I can sell the license that I bought when buying the computer. Apple cannot stop me from reselling my license under the first sale doctrine.

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    196. Re:Who wants to update?? by Faceless+Void · · Score: 1

      no, its not. He is not lying. Apple is ASSUMING. They could very very easily require a previous version disk, or ask you at checkout if you have a previous version. They dont. Ever. They just like the cash register ringing.

      That's just silly. If I sold software I'd like to be able to sell updates to my software in a simple way, I wouldn't want to make the life of my clients hard. And it would suck if I couldn't make the updates cheap to these people just because the law forces me to allow people to install my updates over say, pirated software. I'd still like to be able to sell a complete product, so that they can install it on a blank hard drive, but have some assurance that only my previous clients can use it. A legal assurance is better than a technical assurance because a legal assurance doesn't cause installation problems for "legit" users! That's what's going on here, you people should direct that indignation towards more important things, really.

    197. Re:Who wants to update?? by dotgain · · Score: 1
      Apple OS install discs just install or upgrade regardless. As opposed to Windows install discs, available in many flavors:
      • A full-retail version that won't upgrade
      • An upgrade version that won't full install
      • A volume license version that does god knows what from year to year, and then all the OEM versions:
      • One that works on the Dell Latitude 1100, and nothing else
      • One that works on the Dell Latitude 1200, and nothing else
      • One that works on the Dell Latitude 1300, and nothing else
      • One that works on the Dell Latitude 1400, and nothing else
      • ...
    198. Re:Who wants to update?? by mindstrm · · Score: 1

      Who cares about the EULA - what about the requirements written right on the box? A reasonable person, at the time of purchase, knows what is required to run said software.

      It says right there "Mac with Intel processor."

      To expect them to provide any type of support or work for anything OTHER than what is written right there is just silly.

    199. Re:Who wants to update?? by dotgain · · Score: 1

      Nobody said that. It's just that the Snow Leopard disc is so cheap because they assume that you have bought an Apple computer already

      Nonsense. Upon providing proof of purchase of a new Mac within three months, I was entitled to cheaper pricing still. Now you're going to tell me I got a cheaper price for assuring them of something they'd already assumed.

    200. Re:Who wants to update?? by cvd6262 · · Score: 1

      I had an lawyer acquaintance with whom I discussed software licensing. He saw no problem with it, but I have since learned that many lawyers only think in terms of legal and illegal, not right or wrong, sensible or insensible, etc.

      I mentioned that you cannot license a book, and he told me I was dead wrong; he had himself helped a manufacturer write the license for their *printed* maintenance manuals.

      I sent him a link to the Penguin Books case that led to the doctrine of First Sale. He wrote back, "A) This appears to apply to the very limited context of book resellers. B) I'm sure there's been case law in the last 80 years to override this decision."

      I personally still believe it's not legal, but IANAL.

      --

      I'd rather have someone respond than be modded up.

    201. Re:Who wants to update?? by Lord+Kano · · Score: 1

      however not giving them your business, or whine, is about all you can do.

      I have one word for you sir, Antitrust.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    202. Re:Who wants to update?? by QuantumG · · Score: 1

      I believe what you're trying to do there is "make a distinction without a difference" which the court will reject with the "if it walks like a duck, it's a duck" analysis. That's the great thing about talking to people about law, they consistently come up with the same tired old shit that has been struck down before. Unfortunately, now and then it works.

      --
      How we know is more important than what we know.
    203. Re:Who wants to update?? by russotto · · Score: 1

      Sure: http://en.wikipedia.org/wiki/Psystar_Corporation#Legal_issues

      They challenged the EULA and the court favored Apple.

      Your reference does not support your claim. Further, in a recent Slashdot article (actually, two, yay dupes), there was a reference to a Groklaw article which showed that Apple's central copyright violation claims do not require EULAs to be valid, though of course Apple claims the EULA violation as well.

    204. Re:Who wants to update?? by adam.ec · · Score: 1

      Yep, I have one of those boxes too. I don't seem to remember a computer being shipped with the DVD inside the box.

    205. Re:Who wants to update?? by Lershac · · Score: 1

      If you have a valid argument, then state it and let it be debated. Repeatedly calling parent posters morons is just childish.

      If you have a valid argument, then state it and let it be debated. Repeatedly calling parent posters Childish is just moronic

      --
      Chuck
    206. Re:Who wants to update?? by russotto · · Score: 1

      False. EULA stands for End-User License Agreement. Like the name suggests, its the terms to which you are licensed the software.

      I didn't license the software. I bought a copy of it. A nice shiny disc in a shrink-wrapped cardboard package. Apple doesn't even know who has it; I didn't buy it from them. So I can't possibly have entered into a contract with Apple.

    207. Re:Who wants to update?? by Just+Some+Guy · · Score: 2, Insightful

      Sigh. You can access them prior to purchase, [apple.com] and are encouraged to do so

      Did you check for a EULA at the website for the box of cereal you opened this morning? The book you'll read before going to bed? The CD you listened to in your car? The chair you're sitting on right now?

      Of course not. You handed someone cash, and they handed you a product. You own it, just like I own my copy of OS X. Don't get started on the "so you think you have the right to give away copies?" crap because no one's saying that. What I am saying is that I have the right to do whatever I want with my copy, short of violating the law, because it became my property when I bought it.

      Oh, and nothing that I know of prevents me from hacking the installer so that it never presents a EULA to me. Why couldn't I? Until/unless I agree to a EULA, I haven't consented to be bound by any terms beyond the ones on that box of breakfast cereal.

      And finally, even that BS EULA only requires Apple-branded hardware. Any lawyers care to offer evidence that my Apple-brand (by me) HP Mini 10 doesn't count? Is "Foo-branded" a term of legal art meaning "branded by Foo" as opposed to "branded as Foo"? I'm clearly not trying to sell it as an authentic Apple product, and I'm not aware of any restrictions that would keep you from labeling your Chevy as a Ford so long as you don't try to misleadingly sell it as such.

      --
      Dewey, what part of this looks like authorities should be involved?
    208. Re:Who wants to update?? by Rantastic · · Score: 1

      Why can't I tell people they can't sell my book when they're done with it? Why can't I tell people where they can read my book? Why can't I forbid libraries from buying my books?

      You could do all those things if you made them part of the sales contract. However, it better be a pretty amazing book if you expect to get anyone to agree to such terms.

      --
      Ask Slashdot: Where bad ideas meet poor googling skills.
    209. Re:Who wants to update?? by MBGMorden · · Score: 4, Insightful

      This isn't a case of "not supporting" a specific chip. By default it worked just fine, and is working just fine for many people currently using OS X on the Atom. No, this is a case of deliberately disabling a working feature for the express purpose of forcing you to buy their hardware over another's.

      You never code in support and it doesn't work on certain hardware? No big deal. Hell that's the case for a ton of stuff on Hackintoshes already - people don't bitch because their sound card or NIC doesn't work - they generally go out and buy one that's noted on the net as working. Code that is working fine but sabotaged on purpose is another issue entirely though.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    210. Re:Who wants to update?? by Just+Some+Guy · · Score: 1

      Uh, except the poison update in question is for 10.6 Snow Leopard, not 10.5 Leopard.

      Apology accepted.

      Take your pick: you can either have the law trying to fuck you or corporations trying to fuck you.

      I'll take option 3: none of the above. What makes you so complacent?

      --
      Dewey, what part of this looks like authorities should be involved?
    211. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      That doesn't make it binding. If I put up a sign on my house that says "your use of my duck is subject to terms and conditions." then go to market and sell you a duck, is it subject to terms and conditions?

    212. Re:Who wants to update?? by Hungus · · Score: 1

      All this tells us is two things:
      1) you were unfortunate in the Mac that you purchased did not last as long as they do on average, but then it is called average for a reason.
      2) You do not know how to handle a Mac

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    213. Re:Who wants to update?? by 99BottlesOfBeerInMyF · · Score: 1

      Please tell me why the First Sale doctrine should apply to books but not to computer software.

      The first sale doctrine applies to both, you're just misunderstanding it. It applies to the original copy, not subsequent copies of a work like the copy you make on your computer's hard drive. To make that copy you need a license or you're probably infringing someone's copyright. The copyright holder can include a whole lot of things in exchange for you getting the right to copy the work from the disk.

    214. Re:Who wants to update?? by Al+Dimond · · Score: 1

      And, in fact, in more than your private home. In business, in government, in universities and organizations. You can use it for any sort of terrible crime you can dream up and you won't violate any software licenses. This is a big freedom -- no matter what you're doing you never have to worry about the license until you distribute.

      (Of course, a recent story has Apple claiming that copying the OS to RAM is a copy for the purposes of copyright law... under that logic I guess your RAM would have the right to request a copy of the source code from you)

    215. Re:Who wants to update?? by Faceless+Void · · Score: 1

      Yes, and the GPL actually uses the term correctly. You are "licensed" to use the software in ways that would normally not be permitted. Contrast that to a typical EULA, which purports to remove rights that you would normally have, in exchange for nothing.

      The DirectX SDK comes with an EULA, among other things it lets me build Microsoft's code into my binary without publishing the source code to my binary, seems to me I'm being "licensed" to use the software in ways that would normally not be permitted. Also note that with this particular EULA I'm getting more (important) rights than with any GPL licensed library, since the GPL doesn't let me do neat stuff like using the code in a XBox or PS3 commercial title. So you see, you lose some rights, but gain others. Really, if you want the GPL to be valid, you have to accept EULAs. This whole argument that it's somehow different makes no sense. Both are licenses, both give you some rights and place some restrictions...

    216. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      "That agreement may differ from the version of the agreements you can review here."

      That right there would invalidate it. You cannot agree to terms the details of which you are not aware prior to installing the software. Further, not everyone is aware that the terms (or a version of them) are available on the website. You can't *prove* that someone knew to check there before opening the box.

    217. Re:Who wants to update?? by 99BottlesOfBeerInMyF · · Score: 1

      System requirements are not a legally binding contract.

      No, but nothing but the EULA grants a user the right to make a copy of OS X on their computer, and system requirements listed on the outside protect Apple from potential false advertising claims.

      Um, no. The GPL depends only on copyright law. Apple's EULA attempts to impose restrictions that go beyond that.

      No they don't. Both licenses impose restrictions in exchange for the right to copy the work (including copy it from the DVD onto your computer).

      The law is clear, see 17 USC 117.

      There have been several good analyses of the relevant law in the Pystar case and most lawyers and precedent seem to disagree with your interpretation.

      What we need is for judges to strike down the loopholes that publishers have come up with to remove property rights from software purchasers.

      What we need is legislative reform. The copyright provision in the constitution was poorly worded resulting in this mess and the laws added on thereafter should have been unconstitutional, but for that poor wording and an overly literal interpretation by the courts.

      And I'm tired of Apple fanboys blindly defending everything Apple does and selling out our rights in the process.

      Saying that what Apple is doing is legal, is not defending them. It is expressing an opinion about the facts. It does not speak to if what they are doing is ethical or if the law is ethical.

    218. Re:Who wants to update?? by aaarrrgggh · · Score: 1

      A license extends rights that are not otherwise available through copyright law. The logic is that you don't have the right to copy the disc contents onto your computer without said license. From a legal perspective, the shrink-wrap license is here to stay (sadly).

      Interestingly, a license cannot restrict rights of the purchaser that would otherwise be available under copyright law; it can only grant new rights.

      What is wrong is that you can't return opened software when you do not agree with the terms. You are not prevented from selling the software on under first-sale rights though.

    219. Re:Who wants to update?? by sopssa · · Score: 1

      So go screw around with that hardware and software. But just dont except Apple to support you.

    220. Re:Who wants to update?? by MBGMorden · · Score: 3, Informative

      Apple doesn't sell OS X. They sell updates. This is an important distinction.

      That's a quibble not even Apple themselves has tried to make (because it wouldn't hold up in court). The bottom line is that every version of OS X sold is a full install - with the exception of small updates like the $29 Snow Leopard upgrade (which IS sold as an update). It checks for no previous version, is not marketed as an update, and such terms are never mentioned.

      In short, any attempt to claim that Apple is merely selling updates is just talking out of your ass to try and justify Apple's behavior.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    221. Re:Who wants to update?? by russotto · · Score: 1

      You bought a license to an upgrade, and a magic piece of plastic.

      That magic piece of plastic is a material object in which a copyrighted work is affixed. In other words, a copy of OS X.

    222. Re:Who wants to update?? by snowraver1 · · Score: 1

      When you use GPL code, your payment is the source code. When you buy OS X it's good 'ol fashioned greenbacks.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    223. Re:Who wants to update?? by nhytefall · · Score: 1

      It's is truly sad that these fruitless debates on /. about this issue (in which I have engaged entirely too often myself)... make me begin to think that a TPM-type chip containing a hashcode to verify software to particular hardware is a good idea.

      Seriously... it's a license, not a purchase, and the company that wrote said software does in fact have the right to determine what you can do as an authorized user of their IP.

      --
      0100010001101001011001 0100100000011010010110 1110001000000110000100 1000000110011001101001 0111001001100101
    224. Re:Who wants to update?? by Anonymous Coward · · Score: 1, Informative

      I can see you're retarded, so I'll type this slowly.

      Copyright law says that you can't distribute binaries at all.

      No it doesn't. Can you point to where copyright law says that?

      http://www.law.cornell.edu/uscode/17/usc_sec_17_00000106----000-.html

      Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
      (1) to reproduce the copyrighted work in copies or phonorecords;

      If you accept a compiled binary is a copyrighted work (hint: it is), then you're wrong.

      In exchange for nothing? It's in exchange for getting to use the software.

      THEN WHAT THE FUCK DID THE $200 (or whatever) YOU SPENT ON THE SOFTWARE BUY YOU?

      I'd write more, but your dumb has made my brain hurt so I'm going to go drink until I pass out and forget.

    225. Re:Who wants to update?? by Leebert · · Score: 2, Insightful

      What part of this do people not understand?

      The part where Apple's broken business assumptions are their customer's problems?

    226. Re:Who wants to update?? by bXTr · · Score: 1

      Because you never paid for any software. You paid for a license to run the software. The company you bought the software from still owns it. Their software, their rules.

      You can sell a license to read your book just as easily, or at least try to. Good luck with that.

      --
      It's a very dark ride.
    227. Re:Who wants to update?? by mabhatter654 · · Score: 1

      that horse is dead... stop beating it like your jacking off!

      seriously, the software is only licensed/warranted for use on Apple's hardware. You bought a shiny disc for your $29 not the "software", each "update" has it's own license to re-agree too (and every other company makes you re-agree for patches too... there's whole sites about the weekly changes to teh Windows EULA on Patch Tuesdays). The majority of Hackintosh users aren't paying for it anyway, they're pirating, so the EULA technicality doesn't matter anyway.

      If as much energy was put into shaking out bugs in some Linux Netbook distros, or writing interesting netbook software rather than just "getting other people's crap for free" there would be something just as useful as OSX and free too.

    228. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Paystar what? They went bankrupt before the case was ever decided. Nor was the main issue enforceability of an ELUA, but instead it was the DCMA. So, I ask again, Paystar what?

    229. Re:Who wants to update?? by mabhatter654 · · Score: 1, Troll

      Why? the original XBox was a 100% bog-standard PC but nobody ever tried to run the Xbox OS on better hardware, although they tried to run other software on Xboxes. Why wasn't Microsoft held to task for bundling a "gaming OS" with their custom hardware? Since Xbox 1 was a generic "computer" why can't we play games on our regular PCs... Microsoft is abusing monopoly...

      Macs are just like Xboxes... a standard computer chip put into a custom "appliance".

    230. Re:Who wants to update?? by deckitbruiseit · · Score: 1

      On the contrary, according to the DMCA, Apple has full legal control over what hardware OS X can be installed on, and any attempt to bypass those access controls is a crime. I'm not saying I think the law is a good thing, but, for now, it is the law.

    231. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Uh, that's just not correct. They don't sell hardware without an accompanying OS.

      US$599 is for the server version, with unlimited client licenses. All versions of OSX are meant for Apple hardware, and the license is clear on that. I believe the server version also allows use in a VM, which their desktop license (annoyingly) does not. Not even in a VM on Apple HW. Which is annoying since VMs make certain types of use/dev/testing much easier.

      There is a machine specific OSX version that ships with each computer and is not for sale and will only install on specific hardware. I'm under the impression they don't even include all the drivers for other Apple hardware platforms, but I could be wrong. It might be the same as the full retail version and it simply tests for specific hardware and stops installation.

      There is an upgrade that, afaik, does not include ilife. (~US$30)

      There is a full retail that, I think, includes ilife. (~US$130). With Snow Leopard, they got a little weird on pricing. Not enough visible features to justify $$$.

      There is an odd-ball Snow Leopard "über-set" that includes all the ijunk (ilife and iwork). No idea. I already own the ijunk. Family licenses are cheap enough to make it painless to be "legal".

      In any case, Apple makes money by selling devices, and everything else they do (itunes, itunes-store, OS, apps) is meant to promote and add value to their device business. The fact that you can also use those other things in other ways is incidental and even damaging to their business. So they're not big fans of people messing with it.

      It's easily possible to make BSD or Linux behave exactly like OSX. Yet, no one does it in any kind of scaled comprehensive way. They keep on imitating Windows, for some deranged reason.

      Anyway, it's clear that they're about to launch a tablet/netbook and are drying up the hacked netbook market, in preparation. It's also would seem it may not be based on desktop OSX+atom.

    232. Re:Who wants to update?? by deckitbruiseit · · Score: 1

      They do under the DMCA.

    233. Re:Who wants to update?? by marcansoft · · Score: 1

      Just because they sell a product that will let you install it on blank hardware doesn't mean they can't consider it an upgrade for the version that came with your hardware (which you legally bought a license for when you bought the hardware).

      Since every Mac comes with Mac OS (even pre-X macs), I don't see why Apple couldn't spin the EULA such that each and every version of OS X that they sell is considered an upgrade for the version that came with your Mac. Whether there are technical protection measures to enforce that is irrelevant: you're not required to add copy protection in order to enforce copyright. They should be legally fine there. The only problem here is that they do not offer any non-upgrade versions at all, and I could see a judge taking issue at that. Maybe the "solution" (from their standpoint) would be to sell true real non-upgrade versions of OS X at some exorbitant price. They could even cripple them to only run on Macs still, though people would always be able to legally hack support in. Psystar would be in trouble if they were legally required to buy a $800 copy of OS X for each Mac-PC that they sell.

      BTW, you're wrong. The $9 upgrade is for recent Macs that came with Leopard. The $29 upgrade is for any Mac with Leopard. If you have an older version of OS X, your legal upgrade option is to get the Mac Box Set for $169, which comes with iWork and iLife whether you need them or not. Using the $29 version on a box with Tiger would be against their license.

    234. Re:Who wants to update?? by XDirtypunkX · · Score: 1

      But the shed kit maker couldn't come and retroactively kick down your fence remotely via an update.

    235. Re:Who wants to update?? by Boomerang+Fish · · Score: 1

      Read the fine print on Apple's descriptions at Apple's online store... what they are selling is clearly labeled and referred to as the Snow Leopard Upgrade. That it happens to be ABLE to install on a clean machine is irrelevant. They are selling it as an upgrade to your existing Apple hardware and software.

      The only exception I think is the OS X Server package... it doesn't use the word Upgrade in it's description (but also goes for something like $499 or so...).

      Does Apple's installer check to see if you are truly upgrading? No, and I actually like that cause it means I don't have to dig around for old DVD's or keep an old hard drive plugged in when I want to upgrade the one my laptop. But it doesn't change the fact that I bought an UPGRADE, not a licensed stand alone piece of software.

      --
      I drank what?

    236. Re:Who wants to update?? by iris-n · · Score: 2, Funny

      Hummm... that's it! I will buy a machine with Windows preinstalled, and then purchase MacOS upgrades.

      --
      entropy happens
    237. Re:Who wants to update?? by Boomerang+Fish · · Score: 1

      Such ignorance of facts on slashdot is really astounding.

      That's the funniest thing I've read all day! Thanks for the laugh!

      --
      I drank what?

    238. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      No, the key legal difference is that anyone can go into a store and buy a copy of Mac OS X.

    239. Re:Who wants to update?? by marcansoft · · Score: 1

      If you have a Mac, it means you own some version of OS X. That means that, effectively, any versions of OS X that you buy is an upgrade-only version (if Apple decides so), since you can't possibly install it on a non-Mac (as long as they specify this in the EULA). Hacking it would be fine, but you'd be breaking their copyright by installing it on a non-mac, since at that point you aren't using an existing license of OS X. I imagine you'd be fine if you owned a previous license. For example, you could install a (hacked) OS X on a PC as long as you have an OS X-capable Mac lying around that either has some other OS or is broken (such that its license to OS X isn't in use). Apple won't like it, but it should be a workaround for their scheme, and I'm pretty sure it should be fine, legally.

      Hmm, I have a cheapo Mac Mini. If I ever get tired of it I bet I can legally wipe it, use it as a Linux box/whatever, and put OS X on some beefier machine.

    240. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      > You can sell a license to read your book just as easily, or at least try to.

      No, you can't. The Supreme Court held in 1908 (and Congress later codified) that you can NOT add a license to a book. You have certain rights under the Copyright law, but you do NOT have unlimited and universal control. When I buy a book, I do not have the right to copy and redistribute it. I do not have the right to make it into a movie or adapt it in other ways. But I absolutely CAN do whatever else I want with my copy. I *own* that copy. I can burn it, I can sell it, I can give it away.

      --

      -- Don't Tase me, bro!

    241. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Yeah, they could do that. But they aren't doing it, so what is your point?

    242. Re:Who wants to update?? by Duradin · · Score: 1

      He's saying no one can tell him how he can use software unless he signs something.

      The GPL tells you how you can use software.

      OMG!!!!11! Apple is telling me how to use software!!! Teh 3vil!!!!! But no one better dare try to use the software I wrote in a way I don't like!!!!

    243. Re:Who wants to update?? by stuboogie · · Score: 1

      First of all, you know what happens when you assume...

      Secondly, if I go to a hotel restaurant and they assume I am a guest and only charge me the guest rate, am I stealing? I don't think so. If I falsified documentation to pass myself off as a hotel guest, then I am actively committing a fraudulent act.

      Apple does not require the consumer to show proof of Mac ownership when purchasing the software, so you are not fraudulent in acquiring the software nor are you stealing. You are just making a retail purchase. Your argument does not hold up.

    244. Re:Who wants to update?? by Anonymous Coward · · Score: 2, Informative

      forcing you to buy their hardware over another's

      You're right in that it's not just a case of the hardware not being supported. It's also not licensed for that. So it's not an option in the first place. Not an honest or legal one, anyway.

      And the people saying you can go to an Apple store and pick up a copy of Leopard are just being dense. It's not licensed for PCs, just like AVG Free isn't licensed for corporate use. You're better off pirating it, since you didn't actually buy anything, you just spent money to reinforce your misunderstanding of the license.

      I'm not even telling anyone not to pirate. But dishonest people feigning righteous anger over Apple's attempt at protecting themselves from such dishonesty is annoying. It's a transparent and childish attempt at dodging a little cognitive dissonance.

    245. Re:Who wants to update?? by pizzach · · Score: 1, Insightful

      This isn't a case of "not supporting" a specific chip. By default it worked just fine, and is working just fine for many people currently using OS X on the Atom. No, this is a case of deliberately disabling a working feature for the express purpose of forcing you to buy their hardware over another's.

      And how do you know this? Did you do testing? Did you go through the Q&A? Did you know that if you program for W3C HTML specs it should work for any compliant browser. But people still do block out unsupported ones sometimes...

      No...We have to remember that Apple is evil at all times for not supporting hardware they do not officially support. Sorry my bad. Thank you for opening my eyes.

      --
      Once you start despising the jerks, you become one.
    246. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Apple makes you pay, pay, and pay some more (at least $100 when I was last at the Apple Store in Short Pump, VA) for service packs that contain nothing but patches/bugfixes, let alone operating system upgrades.

      The "Apple major OS releases ARE JUST SERVICE PACKS OMGZ LULZ I R STUPID" meme called, and wants you to go back and troll in 2003 when it was fresh.

    247. Re:Who wants to update?? by TheoMurpse · · Score: 5, Informative

      ProCD v. Zeidenbert, which held shrinkwrap licenses enforceable. Granted, there is another line of cases that disagrees. This means it comes down to where you live, and when the Supreme Court will get off its ass, grant cert, and address the issue.

    248. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Don't like it? Don't buy it?

    249. Re:Who wants to update?? by TheoMurpse · · Score: 1

      Why can't I tell people they can't sell my book when they're done with it? Why can't I tell people where they can read my book? Why can't I forbid libraries from buying my books?

      I suppose you've never heard of NDAs before?

    250. Re:Who wants to update?? by marcansoft · · Score: 1

      Read this and note the third step. Read the description of the SL disc on the Apple Store too. It says "upgrade from Leopard". The $29 SL disc is being sold as an upgrade from Leopard only. They might not be able to enforce it legally if it's not clear enough on the box, but that's what they're officially trying to do (unofficially, I suspect they don't care, since they aren't even making a straight SL-no-iWord-no-iLife disc available).

      The only question here is whether you can legally sell a full version of a product for a reduced price to customers of a previous version. I suspect the answer is yes, but it might have not been tested in court yet.

    251. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 3, Informative

      In the 1908 case, Bobbs-Merrill Company sold a book with this license: "The price of this book at retail is $1 net. No dealer is licensed to sell it at a lower price, and a sale at a lower price will be treated as an infringement of the copyright."

      Straus bought a copy (several, actually) and resold them. According to you, Straus only had possession under certain terms. According to your logic, Bobbs-Merrill should have retained ownership. The Supreme Court found otherwise. It has been further codified and there is extensive case law on the side of first-sale. Most recently in 2008, Timothy S. Vernor v. Autodesk, Inc, found that first-sale applied to Autodesk software, even though Autodesk claims they only sold a license (although that case has not made it to the Supremes yet).

      --

      -- Don't Tase me, bro!

    252. Re:Who wants to update?? by ppanon · · Score: 5, Insightful

      They ought to start wondering why it is that many of us give fuck-all about their precocious shite hardware and realize it's the operating system people are after.

      You still don't get it. They know that some people feel the way you do and don't care. They have a business model for making money. You play ball with them or they keep their ball. Seriously all business is like that. There's a value proposition offered by the vendor. If it works for you, you buy; if not, you don't. If you're a big enough customer, maybe you can negotiate if it's worth it to the vendor.

      Starbucks isn't going to change their roast recipe because my wife finds their coffee too strong and, as long as they feel their model works at making them money, their renumeration and hiring practices also aren't likely to change significantly because somebody has a problem with it. That's the way business works. As long as Apple continues making a lot of money by successfully positioning themselves as a premium vendor, they're not going to change to accommodate you if it's going to cut into their healthy profit margins. While it's best to keep your customers happy, you are not part of Apple's targeted customer base. That's their decision to make. Deal with it.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    253. Re:Who wants to update?? by DJRumpy · · Score: 1

      They allow you to make a choice. Choose not to upgrade. That's your choice as your already running in an unsupported configuration to begin with. If that unintentional functionality goes away, it doesn't hurt Apple's customers one bit as there is no hardware offered by Apple that uses an Atom processor. Existing folks who've actually purchased OS X rather than downloading it via some torrent can opt to stay at the current version. They were never offered a promise that OS X would run on Atom. Quite the opposite as it specifically states what OS X is designed to run on.

      I don't understand this whole sense of entitlement attitude when it comes to Apple and the hackintosh crowd. Everyone assumes they MUST produce software or hardware compatibility for configurations that Apple doesn't even offer. If Apple doesn't want to support Atom, then they are well within their rights. They own the software. They only license it to the end user.

      If you don't like their software, their hardware, or their choices, simply don't support them by buying their products. It's really is just that easy. If you bought the software to run it on unsupported hardware, then you have no voice with Apple to begin with. That's like buying bicycle tires, knowing they are intended for a bicycle, and then complaining when they don't work on your motorcycle.

    254. Re:Who wants to update?? by Low+Ranked+Craig · · Score: 1

      Actually, they do. Every copy of OS X sold in a box is technically an upgrade, and the only place you can get the "full" version is on a Mac. Therefore installing an upgrade to OS X on a non-Mac is violating the user agreement, and it WILL hold up in court should Apple decide to pursue it, which they probably won't...

      --
      I still cannot find the droids I am looking for...
    255. Re:Who wants to update?? by pookemon · · Score: 1

      They have every right to tell you what you can use the software on - after all you don't own the software. You own a license to use that software on the provisor that you agree to the EULA. If the EULA states that you must use their hardware, then your license is invalid if you choose to use it on hardware other than that allowed.

      --
      dnuof eruc rof aixelsid
    256. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Seriously, where is my peril for building a Hackintosh.

      Easy, assuming the this particular EULA is a valid contract (and there is no reason not to), you have breached a contract with the vendor. Alternatively if you did not enter a contract with the vendor you are infringing their intellectual property. People in general don't like others mucking around with their property without permission.

      And if it is "illegal" to screw around with hardware and software that I've purchased without any kind of special contract, then seriously... fuck the law.

      In corporate USA the law fucks YOU! Seriously though, do you mind if I pitch a tent on your front lawn and move in? Doh ... why am I even asking your permission, all these property rights are just "so messed up."

    257. Re:Who wants to update?? by TSRX · · Score: 1

      How does one get on the internet if one does not possess a functional computer?

    258. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      > I suppose you've never heard of NDAs before?

      As applied to the purchase of a book (or anything else) available for the sale in a retail store open to the public, no I've never heard of an NDA in that situation before.

      --

      -- Don't Tase me, bro!

    259. Re:Who wants to update?? by 99BottlesOfBeerInMyF · · Score: 1

      Really we need sane copyright laws, yes, Apple should be allowed to block Atom CPUs but I should be able to hack in support if I feel like it.

      First the DMCA does not apply because Apple is not applying DRM or other technical controls on OS X, although that may change thanks to the Pystar lawsuit.

      Second, if you read the source article cited in the article linked, it lists three different ways you can still use OS X on the Atom processor the developer who discovered this is using, including modifying the kernel or using a stock 10.0 kernel with the new update of Snow Leopard.

    260. Re:Who wants to update?? by dangitman · · Score: 0, Troll

      So I can't possibly have entered into a contract with Apple.

      You don't have to have signed a contract to violate the license agreement - you can still be sued for that, and lose. Did you sign a contract the last time you bought a DVD? Good luck explaining to the court that making copies of it is OK because you never signed a contract.

      --
      ... and then they built the supercollider.
    261. Re:Who wants to update?? by SEE · · Score: 1

      They make their EULA available. They do not require you to agree to it as a condition of purchase. There is a huge difference between the two, and refusing to recognize it does not make it go away.

    262. Re:Who wants to update?? by TheoMurpse · · Score: 1

      I suppose that's because you've never been privy to an NDA for a book. This sort of thing happens all the time.

      In fact, bar review courses, the review courses for USMLE exams for doctors, Kaplan, etc. review courses for the MCAT/LSAT/etc.

      They all have contracts forbidding you from reselling the materials.

    263. Re:Who wants to update?? by Dog-Cow · · Score: 1

      Apple most definitely does sell OS X. You seem to rather ignorant.

    264. Re:Who wants to update?? by Tacvek · · Score: 1

      Bobbs-Merill v. Straus Is not directly applicable. A very important quote from the ruling: " There is no claim in this case of contract limitation, nor license agreement controlling the subsequent sales of the book. In our view the copyright statutes, while protecting the owner of the copyright in his right to multiply and sell his production, do not create the right to impose, by notice, such as is disclosed in this case, a limitation at which the book shall be sold at retail by future purchasers, with whom there is no privity of contract."

      The court did not rule that it was not possible to license a book, but merely that a notice printed in the book does not cause a license to come into existence out of mid air.

      Had the copyright holder had in place contracts with the wholesalers to only sell the books to retailer who accepted the terms to sell the book at no less than $1, the court may have ruled differently.

      However some later cases may actually be applicable, and it would not surprise me if they made it almost impossible to license a book in a way similar to EULAs.

      Nevertheless it is most definitely possible to license a book, in which an owner maintains legal title to the book but possessor has rights to use the book. Indeed this is done often enough in some circles, but in those cases the way one acquires the license is usually very different from the retail shopping experience, and often involves contracts signed by both parties, and may even not be contracts of adhesion, allowing negotiation of terms. In the case of software licensed in a similar way, nobody really thinks the License may not be applicable.

      EULA's are slightly different and there are are the clickwrap EULAs, which may be legally different than the inside the box EULA's which in turn may be legally different than the Written on the Box EULAs. The law here is about as far from settled as is possible, and what is really needed is a supreme court decision that chooses to decide the matter for all possible cases, rather than just the specific case at hand. Unfortunately the supreme court usually chooses to not to be so sweeping, so sweeping decisions are generally a side effect of the use of specific logic in a decision that has not be fully limited to the specifics of the case at hand.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    265. Re:Who wants to update?? by dangitman · · Score: 1

      That's actually still an upgrade - for people who have earlier versions of Mac OS X than Leopard.

      --
      ... and then they built the supercollider.
    266. Re:Who wants to update?? by russotto · · Score: 1

      You don't have to have signed a contract to violate the license agreement - you can still be sued for that, and lose. Did you sign a contract the last time you bought a DVD? Good luck explaining to the court that making copies of it is OK because you never signed a contract.

      As far as I know, nobody has ever been successfully sued for violating a license agreement (as opposed to copyright law itself, or the DMCA) included with a movie DVD, so your analogy fails.

    267. Re:Who wants to update?? by dangitman · · Score: 1

      When you use GPL code, your payment is the source code.

      What? So I'm not allowed to use GPL software unless I contribute source code? I don't remember reading that in the license.

      --
      ... and then they built the supercollider.
    268. Re:Who wants to update?? by dakameleon · · Score: 1

      Will it install on a clean hard drive?

      Yes.

      I'm honestly curious here; from what I understand, even the "full retail" version won't.

      No.

      If that's the case, then I think it's an upgrade, regardless of what the box says.

      The box doesn't say it's an upgrade or not an upgrade.

      --
      Man who leaps off cliff jumps to conclusion.
    269. Re:Who wants to update?? by ThesQuid · · Score: 1

      The removal of the Atom support is likely another cat and mouse game with the likes of Psystar more than it is with the home enthusiast community.

      Exactly. It would appear that Apple's attitude up to this time was one of "bemused detachment" when it came to the hackintosh community. But as soon as some jackasses decide that they are going to turn it into a business model - which primarily relies on Apple's IP - then the gloves come off.

    270. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      I think my point was that such requirements generally require both parties to sign a contract. You can't just stick a notice on the inside cover and sell it and Barnes & Noble and consider your book "licensed" not "sold". Apple sells box sets of their software at retail stores. You are not required to sign any contract. The experience is the same as walking into a book store and buying a book. You hand them money, they hand you a box with the software, manuals, etc.

      I'm not arguing that "licenses" don't exist. I'm saying that boxed retail software should be treated the same as a book in a bookstore.

      There are clearly cases where software is licensed. One such example is software that will expire after a fixed amount of time. If you and your vendor both sign an agreement, you've probably got a license. But if you walk into a store and buy software on physical media, I can't see how it's different from buying a book.

      --

      -- Don't Tase me, bro!

    271. Re:Who wants to update?? by dangitman · · Score: 1

      How does one get on the internet if one does not possess a functional computer?

      Go to the library? Use your phone? Visit a friend's house? Use the computers in the Apple store? Or even without the internet, what's so hard about simply asking in the store if you can read the license before you buy? They'd be perfectly willing to provide you with a copy.

      --
      ... and then they built the supercollider.
    272. Re:Who wants to update?? by Lucky75 · · Score: 1

      Skipping the tire analogy, I could say that : Apple knows its OS best and the Apple approved choices are the optimal choices and thus, the best result for the customer; or that blocking hardware that works fine is just an attempt to maintain a stranglehold on the ecosystem (and their profits).

      My initial point was that attacking the person shows the lack of merit of your argument. If their argument has flaws, expose them. If they are indeed morons, then it's self-evident and there's no need to lower oneself to name-calling.

      I applaud your plea for reasonable and objective posts, but I thought I might refute one of those two possible statements.

      Apple approved choices are not the best for the consumer, they are the best for APPLE, and have always been only best for apple. There is no reason to explicitly hardcode a block of a certain processor. People supporting apple in this latest venture into absurdity were probably the same people ragging on M$ for attempting to limit the number of processes to 3 on windows 7 netbook edition.

      Trying to argue with loyal and blind fans is like bashing your head against the wall. Regardless of how many valid and logical arguments one puts forth, it seems the polished shiny hardware that is apple will continue to distract them... even if that hardware turns out to just be polished pieces of shit.

      --
      DNA -- National Dyslexic Association
    273. Re:Who wants to update?? by Capsaicin · · Score: 1

      I didn't license the software.

      Hence you have no right to run it.

      I bought a copy of it. A nice shiny disc in a shrink-wrapped cardboard package.

      Agreed! You are perfectly within your rights to put it on your shelf (or to use it as a paper weight etc.) and admire the nice shiny disc (or the cardboard package if that is your thing).

      Apple doesn't even know who has it ... So I can't possibly have entered into a contract with Apple.

      Long established that you don't have to know with whom you have contracted for a contract to be enforcable. The very first contract case most law students read at law school shows this.

      I didn't buy it from them.

      You bought a nice shiny disc from a vendor, without any right to run the software on it (which the vendor has no right to sell). So, yes look at it by all means.

      If you didn't press a button reading "I AGREE" in response to a message sent to you from Apple, offering you a license actually to use the software contained on that nice shiny disc, then yes, you have probably not entered into a contract with Apple.

      I've got some advice for you. If you like looking at nice shiny discs so much, there are less expensive ways to get them than to purchase them with an OS, for which you have no intention of entering into a licensing agreement, on them. Really.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    274. Re:Who wants to update?? by TheoMurpse · · Score: 1

      If I recall from my software licenses class correctly: Effectively, the jurisprudence is that you can legally return the software after you've opened it and the vendor has to accept the return and refund your money because you haven't "signed the contract" yet.

    275. Re:Who wants to update?? by SEE · · Score: 1

      Interesting. So, your theory is, posting system requirements on a box constitutes adequate notice of additional conditions on the sale of the item, and that purchase of a box that has system requirements printed on it constitutes proof of affirmative consent to those conditions?

      I'm not saying that Apple is pulling a bait and switch, or screwing anyone. It's perfectly fine, morally, if they want to put conditions on the sale. And it's easy to find out that they would like to put conditions on the sale, and what those conditions are. Nobody should be in the least surprised that Apple wants to put conditions on the sale, or as to the contents of those conditions. Apple's in the moral clear to this point.

      The thing is, though, however much they dance around it, they don't actually ever get around to putting conditions on the sale. Apple does not require that you agree to any conditions when selling you a copy of OS X or a Macintosh. They make a simple sale of a box and its contents for a certain amount of money. They do not secure any other agreement from you at the time of purchase. The transaction is then done. You have the copy, and you haven't agreed to any conditions. The sale is complete. It's too late to put conditions on the sale after the money has been exchanged, even if the presentation of the conditions comes with an offer of a full refund on the completed transaction.

      If Apple wants to put conditions on the sale, that's fine. They can start actually doing that any time they like. So far, they haven't.

      Now, let's be clear to the people on the other side. When Apple distributes updates conditional on agreeing to a license? You haven't already bought those updates. You have no right to them. You only get them by agreeing to those conditions. If those conditions include EULA compliance, you have no business installing them unless you're EULA compliant. Apple's procedural mistake in letting you buy OS X (or a Mac with OS X) without agreeing to the EULA is not being repeated here; they're making you agree before they give you the product (in this case, the update).

    276. Re:Who wants to update?? by operator_error · · Score: 1

      You can multi-boot or virtualize Linux, Windows or any other O/S you care for.

      Umm, but I can't virtualize OSX. That right there is a deal-breaker for me. Has been for the longest time. Ubuntu is a great workstation OS for me, as a web developer

    277. Re:Who wants to update?? by LordLimecat · · Score: 1

      Thats not how licensing works. Isnt this the same crowd that cries about how unfair it is when some company violates the GPL? Guess what, Apple made the OS, they get to license it how they want.

      Protip: the world DOESNT owe you anything.

    278. Re:Who wants to update?? by LordLimecat · · Score: 1

      Im fairly certain businesses have every right to decide who they want to do business with so long as it doesnt run afoul of racial / sexual / other discrimination issues.

    279. Re:Who wants to update?? by Me!+Me!+42 · · Score: 3, Insightful

      I now begin to truly understand the term "freetard" in all it's significance.

      --
      -- My apologies if the above facts contain any opinions, or vice versa! --
    280. Re:Who wants to update?? by that+this+is+not+und · · Score: 1

      No...We have to remember that Apple is evil at all times for not supporting hardware they do not officially support. Sorry my bad. Thank you for opening my eyes.

      Wrong. What Apple is guilty of doing here is actively sabotaging other people's effort to support hardware they do not officially support. Completely different thing. You're welcome (in advance) for thanking me for opening your eyes.

    281. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      So why should software be different?

      Because software IS different.

      Software is more advanced than a book. Software requires on-going support. Software is hard and expensive to make. It can take millions of dollars to produce quality software, and more to maintain it. Can you say the same for a book or a record? Once that book is written, it's done. And typically it's one person writing it, not a team.

    282. Re:Who wants to update?? by diamondsw · · Score: 3, Informative

      Or maybe they optimized the kernel for SSE4? All Macs do SSE4 - the Atom doesn't. Perfectly reasonable, yet people always jump to the malicious explanation...

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    283. Re:Who wants to update?? by kc8apf · · Score: 2, Interesting

      Consider that code support for a processor is non-trivial. While they may have added support for the Atom at some point, there is a cost to keeping that support functional. When working on other features in the kernel, it may very well be easier to remove the support for a processor that isn't officially supported than to keep it working. This is especially true for OS X which frequently changes their power management scheme for Intel processors.

      --
      kc8apf
    284. Re:Who wants to update?? by Jerry+Smith · · Score: 1

      Make it anecdotal... I still recommend Apple to those who have no clue. Better for them. I personally am disappointed of the quality Apple delivers, especially on hardware. (Logic board was the culprit and Apple wouldn't accept it because I was 2 weeks after their extended warranty). I always heard that Apple hardware (NOT TRUE) would live twice as long as PC hardware . I have no problem with Apple.... Just don't think it's the pinnacle of innovation. It's not. If Windows machines last longer than Apple machines, even with their reputation, you've got a problem.... Yes, anecdotal... I know... I recommend Apple, not because of quality because they won't call me... And usually, they'll throw away the machine after 2 years... just like a Windows machine.... Except I didn't get to clean viruses..

      Every level-2 agent was inofficially allowed to extend the Apple-warranty (in absolute cooperation with the Authorised Dealer/Reseller) with approx. 2 weeks without Customer Relations needing to be contacted (even after those 2 weeks CR is still able to stretch the warranty). Back in my days that was, at least (disclaiming everything at this moment for the current situation ymmv). There were some reasons for agents NOT to apply for the extended-warranty-option. And those reasons had nothing to do with the hardware. Or software.

      --
      All those moments will be lost in time, like tears in rain. Time to die.
    285. Re:Who wants to update?? by bnenning · · Score: 3, Informative

      The initial claim was that the GPL didn't add any restrictions that weren't already in copyright law. That's obviously not true

      Yes, it is. Show me a sequence of actions that would violate the GPL but would not violate copyright law.

      because copyright law makes no mention of not distributing source code, or making a program closed-source.

      Source code is automatically copyrighted by the author. The default state of copyright is that if you aren't the copyright holder, you can't redistribute it at all. (With exceptions for fair use, which the GPL doesn't attempt to remove). The GPL grants users the right to do some but not all of the actions normally prohibited by copyright.

      Utter horsepucky. Even if you don't accept the GPL, you can still be sued for violating it.

      You're actually sued for violating copyright. The GPL only enters into it in that if you had followed its terms, you could point to it as a defense. But if you haven't, then you can't, and standard copyright applies.

      And the GPL says "if you redistribute, you can't do a, b, c, d, e, f, g, ..." - what's the difference?

      Once again, the difference is that the GPL does not attempt to remove any of your existing rights. The GPL is a unilateral grant of privileges that you normally wouldn't have.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    286. Re:Who wants to update?? by that+this+is+not+und · · Score: 1

      The basis for which people are prosecuted for making copies of DVDs is NOT that they signed or agreed to an implicit 'license agreement' when they purchased the original which forbids them from making copies.

      Your analogy is completely off-base.

    287. Re:Who wants to update?? by Capsaicin · · Score: 1

      As far as I know, nobody has ever been successfully sued for violating a license agreement (as opposed to copyright law itself, or the DMCA) ...

      I'm getting the feeling YANAL, so I'll go easy on you (yeah right I will). What you have written is something akin to "AFAIK nobody has ever been locked out of their house because they have lost their key (as opposed to not being able to unlock the door)."

      Here's the deal. A licence (in relation to IP rights) is an agreement (contract) between the holder of IP rights and the licensee whereby the IP holder permits the licensee to exercise certain rights otherwise exclusively reserved for the holder, such as the making of a copy (eg. installing the software) of copyrighted material. "Permits" here means: agrees not to sue the licensee for IP infringment, subject to the terms of the license agreement. If you violate your license agreement to the point where it no longer subsits you lose your protection from suit and the consequence is that you are liable to be sued in copyright (or whatever other IP right).

      Do you understand yet why being "successfully sued for violating a license agreement" is not "as opposed to" being sued under "copyright law itself?"

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    288. Re:Who wants to update?? by dgatwood · · Score: 4, Informative

      All Macs do SSE4

      No, they don't. The original Intel Macs used the Core Solo and Core Duo. Those were Yonah; SSE4 wasn't added until Penryn, AFAIK. They do support SSE3, but not SSE4....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    289. Re:Who wants to update?? by Tsujiku · · Score: 1

      The GPL imposes restrictions on the copying of copyrighted materials. This falls cleanly within the scope of copyright law.

      Deciding what machine can run an operating system has nothing to do with copying and redistributing it. This is outside the scope of the copyright law.

      --
      Paradox
    290. Re:Who wants to update?? by Cochonou · · Score: 1

      Forgive the hyperbole, but imagine for a moment that Monsanto suddenly decided you could only cook their food in pots they made and sold for ludicrous prices.

      That will be less GMO's in my diet. Which might not be a bad thing.

    291. Re:Who wants to update?? by Anonymous Coward · · Score: 1, Informative

      Not even that.

      From the article:

      In the current developer build of 10.6.2, Apple appears to have changed around a lot of CPU related information. One of the effects of this is Apple killing off Intel's Atom chip.

      If memory serves, the Atom hacks use a mismatched kernel and power management KEXTs. That only works if the (private) interfaces between those bits don't change. Guess what happens when they add support for a new CPU (any new CPU)? Those interfaces change.

    292. Re:Who wants to update?? by Lemmeoutada+Collecti · · Score: 1

      Copying for installation and for use by a computing device is explicitely permitted under Title 17 Chapter 1 Section 117 of US Copyright law

      http://www.copyright.gov/title17/92chap1.html#117

      --

      You can have it fast, accurate, or pretty. Pick any 2.
    293. Re:Who wants to update?? by Anonymous Coward · · Score: 2, Funny

      Apple does not sell anything with an Atom.
      Because their computers are not made from matter, but from a special dust from unicorn horn.

    294. Re:Who wants to update?? by sincewhen · · Score: 1
      What if you were the last person left on earth?

      Would you steal things from shops?

      That's still illegal isn't it?

      --
      -- Braden's law of data: All data spends some of its lifetime in an excel spreadsheet.
    295. Re:Who wants to update?? by Lemmeoutada+Collecti · · Score: 1

      I don't know why this fallacious argument keeps cropping up, but you do NOT need a license of any kind to install and use computer software tghat you purchased. No EULA, no copyright permissions, nothing. The right to install and use software is in US Copyright law, Title 17 Chapter 1 Section 117. It is explicit and direct. It is also one of the areas that is not grey in this whole discussion.

      --

      You can have it fast, accurate, or pretty. Pick any 2.
    296. Re:Who wants to update?? by that+this+is+not+und · · Score: 1

      Rights are things we make up as a society to make living together easier. God sure didn't give you any rights, or anyone else.

      I assume you don't live in the USA. Because in the USA, our rights are considered to be 'God given' (or more accurately are 'natural rights' since we're not a theocracy.) Rights are NOT granted by the government. There are firm restrictons on what rights the government is even allowed to take away. Everything is allowed by default. This is very different from the situation in many other democracies, so I apologize if you're not an American, and you're probably right in your assertion locally.

    297. Re:Who wants to update?? by wagnerer · · Score: 1

      You own the physical DVD. You can use it as a frisbee or a coaster or maybe even put it in a computer. But you only have a license for use of the code. Courts have repeatedly enforced this. Best you can get is your money back for the package if you don't agree to the terms.

    298. Re:Who wants to update?? by robertrydberg · · Score: 1

      Wait a minute, listen to what you say: they have a business model etc. Sure they do and we all know what it is. The point though is that they have NO presence in the netbook market and their business model is then non-existent. They can make money by licensing the OS to the netbook manufacturers, rake in the license money and let the HW manufacturers support their product. This isn't the 1990s license scheme, where Apple competed (and lost) for the same market as the licensees. Unless Apple is coming out with a netbook: unlikely, according to Steve Job, who, BTW, never understood HW. It is a stupid move on Apple's side, sign that even Apple has cretins as VPs. Here is a vibrant, active market for their product, market that didn't cost them a penny and they decide ton choke it? And this is a smart decision? If it is, idiots of the world, unite! We found your leaders!

    299. Re:Who wants to update?? by mikael_j · · Score: 1

      You seem to have left out "...a copy of Mac OS X which is sold as an upgrade for earlier versions of Mac OS X running on Apple hardware." at the end of your post.

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    300. Re:Who wants to update?? by phantomfive · · Score: 1

      If God gave you rights, then let him defend them. If nature gave you rights, then let mother nature defend them.

      In the United States, we have rights that we have agreed to as a society, and we will only have them so long as we defend them. If we don't keep them we will lose them.

      --
      Qxe4
    301. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Indignant deconstructionism is very cute, but not apply it to other aspects of society?

      Currency is merely paper covered with ink. Why can't I replicate it? A dollar can be duplicated for a fraction of the face value of a dollar; a hundred, even moreso.

      Furthermore, there are no immediate victims of counterfeiting. However, the damage is to society as a whole, by devaluing labor by inflationary action.

      Sarin gas is merely a collection of elements. Why can't I purchase precursors and synthesize it? How can society outlaw a geometric arrangement of elements? Again, the damage is to society at large.

      Software is the same. Sure, the restrictions we apply to software are arbitrary, but they are applied to protect something far more valuable. The software industry.

    302. Re:Who wants to update?? by timmarhy · · Score: 1
      "You may not be able to return it to BB or a retail store, but you can always return it to Apple" - ha, where did you get that from? like i said, i'd like to see you do it. the conversation would go like so -

      you:"i'd like to return this because i don't like the EULA"

      rep:"ummm, what's wrong with the product sir?"

      you:"nothing",

      rep:"good day sir"

      And you never get the chance to willingly accept EULA's either - you MUST open the box to read the EULA, reading it on the website doesn't cut it because there is no protection for you if the terms and conditions on the website don't match what's in the box. in court they will go with what's printed in the box.

      and it's not a moral matter, but one of basic common sense and fair trading. you can't take peoples money, then proceed to try control their purchase to the Nth degree.

      --
      If you mod me down, I will become more powerful than you can imagine....
    303. Re:Who wants to update?? by dangitman · · Score: 0, Troll

      It's exactly the same basis. Without any agreement otherwise, the copyright holder has exclusive rights over the product. If you don't make an agreement, or violate the license, you get sued for copyright infringement just as you do with copies of unauthorized copies of DVDs.

      And by the way - you do agree to an implicit license agreement when you buy a DVD. That's what the copyright warning before the film is - it outlines the conditions of use that you must follow. Exactly the same as a EULA.

      --
      ... and then they built the supercollider.
    304. Re:Who wants to update?? by robertrydberg · · Score: 1

      I wonder if anyone has read the EULA. YOU ARE BUYING A LICENSE, NOT A PRODUCT. Unless and until this is challenged in court, the terms of the license are what they are. I have a Dell Mini running 10.5.8 with a retail copy of 10.5.4. I have stuck a large Apple rainbow ( I really don't like the white Apple stick on) right on the top cover, thus satisfying the EULA requirement for an "Apple-labeled" product. I bet that Dell wouldn't be too happy about it, but there is nothing by them about what I can stick anywhere on the Mini!

    305. Re:Who wants to update?? by Hal_Porter · · Score: 5, Insightful

      Freeloader more like. How many people making Hackintoshes are actually paying for the software and how many get it off a torrent?

      Even if they are paying retail price they're still violating the license. A copy of OS X and Mac is profitable for Apple. A copy of OS X and an netbook probably isn't. Now at this point people start to mumble something about buggy whip manufacturers, but guess what, that's a poor analogy. Buggy whip manufacturers went out of business because people didn't want their stuff. If Apple goes under it will be because people want their stuff but don't want to pay.

      Even more irritatingly these tend to be the same sort of people who are outraged when some company uses Linux and doesn't make the source code available. And yeah, I know the GPL is a copyright license not an EULA. But in both cases people are using something in a way that the copyright holder has explicitly forbidden. Either you can have a copyright free world, in which case you can run OS X for free and keep your Linux fork closed source, or you live in a world with copyright where both things are illegal.

      That being said I don't really like Linux or OS X. Still if you do, it seems like you need to follow the terms of the license the code is under. With Linux that means publishing your code and with OS X it means running it on Apple hardware.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    306. Re:Who wants to update?? by Bu11etmagnet · · Score: 1

      You mean this ?

      --
      Life is complex, with real and imaginary parts.
    307. Re:Who wants to update?? by Hal_Porter · · Score: 2, Informative

      Netbooks have too low margins for everything. Even Microsoft was forced to drop the price of XP to something like US$15 to avoid getting stomped. Apple make a fortune out of a Mac Book. If they started allowing OS X to run on netbooks not only would they make less money but there's a risk a lot of people would buy a netbook and an OS X license (which makes them say US$50 tops) rather than a more expensive Mac Book ( which makes them probably US$ several hundreds ). So they could actually lose money as customers switch to a new, cheaper option. \\

      And that's not including the support costs. If you license OS X to run on a load of netbooks, you pretty much have to be prepared to deal with bug reports on that hardware, even if you try as much as possible to push the support onto the netbook vendors. Right now they only need to support OS X on their own hardware and they can control that 100%.

      Thus it's quite reasonable for Apple to decide that they basically don't want to enter the market.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    308. Re:Who wants to update?? by Capsaicin · · Score: 1

      Without any agreement otherwise, the copyright holder has exclusive rights over the product. If you don't make an agreement, or violate the license, you get sued for copyright infringement just as you do with copies of unauthorized copies of DVDs.

      That is absolutely correct. You were correct also in pointing above out that the a signature is not required to enter into a EULA. In fact if the vast majority of contracts were not entered into without signing out lives should become intolerable. The example you chose, however, somewhat muddied the waters: You wrote: "Good luck explaining to the court that making copies of it is OK because you never signed a contract." which might be read, as the GP read it, to imply that you thought the basis of suit was that you "agreed to an implicit 'license agreement' when they purchased the original which forbids them from making copies."

      Obviously you didn't mean that. As you clearly state above, the very opposite is the case. You are sued because you don't have a license to copy. After all a license is the granting or permission to do what is the exclusive right of the holder, and the setting of limits as that what is permitted, not the imposition of prohibitions per se.

      I don't know if you can see how your example lent itself to being misread, but I think a more general example pertaining to the requirement of signatures might have made the point more forcefully, eg. "Did you sign a contract the last time you entered into an agreement with McDonalds for the provision of a burger? Yet you still handed over your money, and you still got your burger."

      And by the way - you do agree to an implicit license agreement when you buy a DVD. That's what the copyright warning before the film is - it outlines the conditions of use that you must follow. Exactly the same as a EULA.

      I don't think it is clear that you do enter into, even and implicit, license with the copyright holder in that case. After all, nothing that is the exclusive right of the holder has been granted to you when you purchase a DVD, has it? You can't copy it, perform it in public, etc. The better view is that the copyright warning, is precisely that, a warning as to your statutory liability should you perform any action which is the exclusive right of the holder.

      OTOH, the situation with regard to explicitly (via dialog box) agreeing with the holder to licence conditions and then doing something which is the exclusive right of the licensor, as in the case of installing software and EULAs, clearly does involve entering into a contract.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    309. Re:Who wants to update?? by gmhowell · · Score: 1

      No shirt, no shoes, no service. No Mac hardware, no Mac OSX for you.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    310. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      lol you are so right. actually, it's stealing if you don't buy it and use linux instead. they deserve to be paid for providing the Apple Experience to the world.

    311. Re:Who wants to update?? by gmhowell · · Score: 1

      Reading carefully (as lawyers and judges occasionally do), you have answered your own question. In order to use the software, you must have a Mac computer with an Intel processor. AFAIK, every Mac computer with an Intel processor originally came with a copy of OS X. Therefore, you are upgrading it. From a CS perspective? Not necessarily, particularly if you are on a new drive. But from a legal/licensing perspective?

      Not something I'd test in court.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    312. Re:Who wants to update?? by gmhowell · · Score: 1

      The Apple EULA is also a distribution license of sorts. You agree not to distribute it.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    313. Re:Who wants to update?? by teg · · Score: 1

      You think that paying $29 for Snow Leopard gives you a right to run it? It's an upgrade to existing owners - just like all other versions of MacOS X you can buy. Apple doesn't sell barebones systems - or MacOS X for use with non-apple hardware - so they are all upgrades.

    314. Re:Who wants to update?? by gmhowell · · Score: 1

      "3) Apple has an effective monopoly on certain industries, so the point's wrong on the facts as well."

      Name three

      "4) Simply stating, "You were free not to buy my software," is being willfully obtuse. Forgive the hyperbole, but imagine for a moment that Monsanto suddenly decided you could only cook their food in pots they made and sold for ludicrous prices. What good reason could we possibly have to deny them this right (that they simply made up) to control how their consumer products are used after sale? After all, they're not selling food; they're selling the "experience" of eating. And we're perfectly free not to eat!"

      Interesting analogy, but a poor one. Monsanto (or is it ADM?) forbids farmers from gathering seed from this year's crop in order to plant next year's crop. One of them also sued (successfully) a farm for copyright infringement. They had a crop across the road from a farm with a Monsanto crop. Cross pollination ensued. The non-ADM customer's grain got some of the benefits without paying Monsanto.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    315. Re:Who wants to update?? by gmhowell · · Score: 1

      "Wait, you say it's not a contract, but a license? Again, changing the license voids the initial agreement. You have to get me to agree to the new terms of license. Furthermore, if you insist on calling it a license, I'll insist on you providing me free access to the data controlled by the license."

      Ever read a software license? They invariably have a clause stating that the author of the software can modify the license at any time. It's like you're Lando Calrissian, and software manufacturers are Darth Vader.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    316. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      MS, for one, since the upgrade level of 2000-XP-2003 and Vista-2008-7 was point upgrades, too.

    317. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Frankly, if I walk into a store, I don't give a shit if some webpage exists somewhere that claims its contents are part of my contract. If it's not on the box, it's not in.

    318. Re:Who wants to update?? by vadim_t · · Score: 1

      You're not required to accept the GPL though. You can use the software anyway and mess with it all you want.

      You just can't distribute, not because the GPL forbids it, but because copyright law does.

    319. Re:Who wants to update?? by gmhowell · · Score: 1

      So, why have the license, then? Why not say "it is licensed under copyright law" and be done with it? Oh, I know, because it includes clauses that aren't mentioned in copyright law!

      Because then it would be BSD, and all the dirty GPL hippies would cry.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    320. Re:Who wants to update?? by knappe+duivel · · Score: 1

      Apple does not sell OS X without accompanying hardware. You can grab an OS X upgrade disc for a nominal fee, but it is just that, an upgrade version.

      Not true.

    321. Re:Who wants to update?? by jimicus · · Score: 1

      And before anyone chimes in with "But nobody will give you a refund for opened software!", let me add:

      That, legally, is your problem.

      I'm in the UK but AFAIK most countries' consumer legislation have it so that the purchaser's contract is with the retailer and there are some automatic rights to return in the event that the item is faulty or not fit for purpose. (If that purpose is not the intended purpose of the product, then this is the consumer's problem... UNLESS s/he advised the retailer prior to purchase and was assured that the product would be OK)

      A hackintosh definitely falls under the heading of "not the intended purpose", and no respectable retailer will tell you that OS X will work on one.

    322. Re:Who wants to update?? by Dri · · Score: 1

      I have a hard time understanding Mac fanboys how they could worship this evil empire.

      --
      Girls are strange. They don't come with a man page.
      -- Michael Mattsson
    323. Re:Who wants to update?? by Hucko · · Score: 2, Informative

      Huh? I've downloaded patches and ServicePack MS style from Apple at no cost. I just haven't been able to upgrade to the next version without paying. I really don't see Microsoft or Apple doing any different to the other in this area. They both cost for upgrades, no cost for updates.

      Or are you confused by the version numbers? Sigh, no I'm not going to bother. Yep I guess I've just been trolled.

      And before you start laughing at me re expensive hardware, it was a second hand laptop bought cheap. No WGA, no other updating hassles.

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    324. Re:Who wants to update?? by mjwx · · Score: 1

      System requirements are not a legally binding contract.

      There is nothing in the law that says you are prohibited on restricting a bundled software product to a bundled hardware product. The ruling against transfering MS windows OEM licenses has been upheld, what makes you think that Apple cannot use the same precedent?

      Legally all Apple need to do is place a small text label on the outside of the box that expressly prohibits installation on computers of non apple origin and their arse is 100% covered.

      There is also nothing in the law that prohibits artificial barriers being erected to prevent you from violating the EULA.

      The fanboys will blindly defend apple, there are also the legally naive that continue to ignore that this has already been tested in US and EU courts and will be upheld.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    325. Re:Who wants to update?? by BasilBrush · · Score: 2, Informative

      Apple makes you pay, pay, and pay some more (at least $100 when I was last at the Apple Store in Short Pump, VA) for service packs that contain nothing but patches/bugfixes, let alone operating system upgrades.

      Name a version number that was both charged for and was just patches/bugfixes?

      You can't. Because that's just bullshit. New versions which contain just bug fixes are all downloaded from apple, and are completely free. New versions which come in shrink-wraps and are sold all have new features.

      Furthermore, the cost of the upgrade to the latest version of OS X is $29, not >$100.
      http://store.apple.com/us/product/MC223Z/A?fnode=MTY1NDAzOA&mco=MTA4MjgwNDE

      'A fool and his money' is a very apt colloquialism.

      You're a fool. Now, what about your money?

    326. Re:Who wants to update?? by gnasher719 · · Score: 1

      First the DMCA does not apply because Apple is not applying DRM or other technical controls on OS X, although that may change thanks to the Pystar lawsuit.

      Actually, in the Psystar lawsuit Apple is accusing Psystar of DMCA violation, and Psystar's lawyer (the one famous for increasing his clients fine for copying 24 songs from $220,000 to $1,920,000) is trying his hardest to get documents unsealed where Apple describes their methods for preventing MacOS X from running on other computers.

    327. Re:Who wants to update?? by Hucko · · Score: 1

      The old 12"* probably makes it one of the larger 'netbooks' being sold today.

      * sheesh, if they updated the harddrive to register the 'modern' method of calculating size, can't they drop the insanity that is imperial? Please!

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    328. Re:Who wants to update?? by Richard_at_work · · Score: 1

      First Sale has no bearing here - you have the right to do what you wish with the purchase, be it a book, recording or software. You can burn it, sell it on, use it as a coaster if you so wish.

      What you do not have is the right to demand that the seller continue to support you in your efforts - and that is what is happening here. Apple sells the product for an intended use, and is now effecting changes which discontinues ongoing unintended uses - whether those changes are deliberate or simply a consequence of another change is academic, you have no legal or moral ground to force Apple to support you in your unintended use of the product.

    329. Re:Who wants to update?? by gnasher719 · · Score: 1

      Only if by "cutting into Apple's profits" you mean "allowing people to pay for OSX and use it on a non-Apple-manufactured machine". These are people who aren't going to buy Apple hardware anyway, but the do want to buy Apple's OS; most of the people would probably stick to Linux or Windows if they don't get their Hackintosh.

      From what I am reading on macrumors.com, that is incorrect. Lot's of people posting there who say they are building a hackintosh _instead of_ a Macintosh to save money. I haven't heard of anyone switching from PC + Windows to PC + MacOS X, only from Mac + MacOS X to PC + MacOS X.

    330. Re:Who wants to update?? by MrHanky · · Score: 1

      No, I might not. Apple won't just stop supporting a piece of hardware, they will artificially and arbitrarily make it "incompatible", like when OS X 10.3 refused to install on OldWorld hardware (but worked fine with XPostFacto), 10.4 refused to install on the original iBook (which also worked fine with XPostFacto), or 10.5 refused to install on sub-867 MHz Powerbook G4s (which worked fine with LeopardAssist). This is transparently done to force people to upgrade. And new software simply doesn't work on older versions of OS X, whereas at least Firefox 3.5 (and Chrome, if you trick it) works with Windows 2000. Microsoft is simply better to deal with than Apple.

      It's only with 10.6 Apple has a technical reason for cutting support of older hardware. I predict they will claim a technical reason when the original 32 bit Intel Macs are unsupported with the next release as well.

    331. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      What part of this do people not understand?

      The part where Apple's broken business assumptions are their customer's problems?

      Exactly like the music/movie business (though RIAA and MPAA have fewer supporters than Apple on Slashdot for their right to enforce this)

    332. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      "Freeloader more like. How many people making Hackintoshes are actually paying for the software and how many get it off a torrent?" None.

      Practically none.

      Mostly because Pystar sell a paid-for license with their hackintoshes so why the hell get a torrent?

      You just want to find a way where Apple are justified.

      They aren't. They're acting like whiney little arseholes.

      Fuck em.

    333. Re:Who wants to update?? by Hal_Porter · · Score: 2, Insightful

      You mean this one

      http://reviews.cnet.com/laptops/apple-ibook-g4-12/4505-3121_7-31466301.html

      That's was $999.

      Or the MacBook Air

      http://gizmodo.com/348753/macbook-air-review

      . It has Wireless N/B/G, Bluetooth 2.1 EDR, and is available in two basic configurations: $1799 for a 1.6GHz chip, plus 2GB of RAM and a 80GBs 4200 RPM Drive. For almost double the price at $3098, you can get a 1.8GHz chip with the same 2GB of RAM and a 64GB solid state drive module that, like all SSD, is shock resistant.

      Neither of these are Netbooks. Netbooks are small (9"-10") cheap (<$500) minimalist (cheap but slow Atom processor, tiny SSD, horrid graphics/chipset) notebooks. Apple do small but they don't do cheap. The marketing term for Apple's small notebook is ultraportable - i.e. you pay a premium for a smaller machine. It's actually the opposite concept of a netbook. Now if you're a manufacturer it's better to make "ultra portables" than "netbooks" - you put a bit more powerful hardware in and charge higher margins than than regular notebooks (ultra portables) rather than lower ones (netbooks). Unfortunately in the world of PCs it only takes one manufacturer to break ranks and make a netbook and they will sell millions - like the Asus EEE pc or the Acer Aspire One. At that point everyone else is forced to compete with them. Of course there's only one vendor of Apple hardware and so they can just keep making "ultra portables" and ignore the netbook market.

      Of course this is the reason it's better to be a user of an open, multi vendor platform like the PC than a closed, single vendor one like the Mac. But if you're Apple a closed platform is obviously better for you.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    334. Re:Who wants to update?? by makomk · · Score: 1

      Except there are no instructions that are available on the Intel Core and Core 2 CPUs that aren't available on Atom. Atom supports SSE, SSE2, and SSE3, same as Core and Core 2. The only thing it doesn't support is 64-bit mode, but neither do the early Intel Macs. (Atom does have different performance characteristics, but that's an optimisation issue, not something that'd stop code from running at all.)

    335. Re:Who wants to update?? by mrchaotica · · Score: 1

      It's also not licensed for that.

      So fucking what?! In any sort of sane world, Apple does not have the right to only "license" it for use with particular hardware!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    336. Re:Who wants to update?? by selven · · Score: 1

      Or you can live in a world where copyright restricts distribution but not use, like it should, and you get the GPL working but not the EULA.

    337. Re:Who wants to update?? by selven · · Score: 1

      There is a BIG difference between using and reselling. Using something in your home harms no one, even if you illegally downloaded it. Reselling harms the original seller because you're competing with them.

    338. Re:Who wants to update?? by selven · · Score: 1

      The GPL does not impose restrictions that are not in copyright law. Let me spell it out for you:

      Normal copyright: You cannot distribute without distributing source. You cannot distribute with distributing source. You can use in any way you want as long as you're not distributing.

      GPL: You cannot distribute without distributing source. You can distribute with distributing source. You can use in any way you want as long as you're not distributing.

      EULA: You cannot distribute without distributing source. You cannot distribute with distributing source. You cannot use in any way you want as long as you're not distributing.

      Notice how the GPL only grants rights while the EULA takes them away?

    339. Re:Who wants to update?? by mrchaotica · · Score: 1

      Even if they are paying retail price they're still violating the license.

      So what? They're "violating" terms that Apple should not have the legal right to impose! Not only is it blatantly anti-competitive, but more importantly, it undermines the genuine property rights of the owner of the copy in favor of the flimsy Imaginary "rights" of the copyright holder (which were never actual Rights at all, but merely privileges bestowed by the People in return for contribution to the Public Domain -- a social contract which is essentially null and void due to the present gross excess in copyright durations anyway!).

      And yeah, I know the GPL is a copyright license not an EULA. But in both cases people are using something in a way that the copyright holder has explicitly forbidden. Either you can have a copyright free world, in which case you can run OS X for free and keep your Linux fork closed source, or you live in a world with copyright where both things are illegal.

      So basically, you're saying "and yeah, I know the argument I'm about to make is completely and utterly wrong, but I'm going to blatantly ignore that fact and yammer on about it anyway."

      Here's a newsflash for you: that difference -- being a copyright license and not an EULA -- is THE SINGLE ESSENTIAL DIFFERENCE that determines why the GPL is (and should be) enforceable while Apple's EULA is not (and should not be)! So, either you fail to understand the issue or you're deliberately trying to confuse the issue. Idiot or shill; which are you?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    340. Re:Who wants to update?? by GaryPatterson · · Score: 1

      No-one is going to care about your hacking an OS to install on whatever hardware you like.

      You're using it outside the terms of use, but who cares? If you hack the installer to avoid the EULA being presented to you (which is hard to do unless you're very familiar with the OS) then you're outside the terms of use anyway. But who cares?

      If you try to sell altered copies, expect trouble. Since that's not what you're doing, you're flying well under the radar.

      Do what you like, but don't expect support for any hardware that's not manufactured by Apple. Sure, your particular set-up may work, but who knows if it will next update?

      If you prefer certainty, use an OS that supports your hardware. If you disagree with the ethics of Apple's tactics, then don't support them by using their OS. Even pirating the OS is tacit support for the company.

    341. Re:Who wants to update?? by sgbett · · Score: 1

      That depends on how you define just fine.

      Apple's marketing and product is based around an intangible experience, that experience is a combination of the hardware/software.

      If you run OS X on an atom chip then you are running on underpowered hardware. I'm sure it will work but the experience will be substandard to that which apple is trying to promote. Apple don't want people to have a substandard experience of their products.

      Likewise, if you put OS X on an Atom based machine then it is unsupported by Apple. Part of the Apple experience is that if you have a problem with your Apple device then you can take it to a mac store and they will give you support, the quality of support is much better because it is cost effective for them to do so, because they have limited the variables.

      Apples Unique Selling Point is that it sells you an experience that is (intended to be, for the typical desktop user at least) far superior than using the competition. If they allow people to dilute this experience, then they lose their competitive advantage.

      --
      Invaders must die
    342. Re:Who wants to update?? by mrchaotica · · Score: 1

      Psystar's lawyer (the one famous for increasing his clients fine for copying 24 songs from $220,000 to $1,920,000)

      You know, except for the incompetent lawyers Psystar would have had a good chance of winning its case. Instead of dicking around with trying to prove that whatever Apple did didn't count as an "anti-circumvention device" (which is the only plausible reason why they'd give a damn about the documents you mention), what they ought to do is just skip straight to the real issue. And the real issue is that EULAs should be entirely unenforceable because they violate the doctrine of first sale, and that the buyer of a copy may install said copy on whatever computer he wants as a fundamental property right!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    343. Re:Who wants to update?? by GaryPatterson · · Score: 1

      "Stole" my ass! I'm not sure where all the Apple FanBoys came up with the myth that the $29 Snow Leopard disc is an "upgrade."

      I reckon they get it from Apple.

      http://store.apple.com/us/product/MAC_OS_X_SNGL
      Snow Leopard is an upgrade for Leopard users and requires a Mac with an Intel processor.

      Apple are pretty lax in their upgrade policy, compared to Windows. There's an assumption that you're doing the right thing (in their opinion) and so they don't require strange codes to be entered or a hard drive with an existing OS.

    344. Re:Who wants to update?? by Hal_Porter · · Score: 1

      Mostly because Pystar sell a paid-for license with their hackintoshes so why the hell get a torrent?

      The guides telling you how to install it on regular PCs usually say you can either get a torrent or buy the software.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    345. Re:Who wants to update?? by TyFoN · · Score: 1

      Agree, no laws broken and this is probably the only way they can make money. If they
      let go of the hardware monopoly for os x, they can no longer sell standard pc hardware
      for twice the price that pc users pay.
      As long as mac users think this is fine they will keep os x very closed indeed.

    346. Re:Who wants to update?? by mrchaotica · · Score: 1

      Obviously. You need to read them when you set up the software.

      So obviously, you read the EULA, set up the software and then hand the money over to the cashier and tear open the shrink-wrap. Is that the sequence of events you're asserting, hmm? 'Cause that's what your post says! Apparently, in the Bizarro-world you live in, you install the software before buying it!

      Do you even realize how utterly asinine and moronic your argument is?! The sheer ridiculousness of it boggles the mind!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    347. Re:Who wants to update?? by Hucko · · Score: 1

      eh, I've seen places selling netbooks up to 12" for up AUD$1500. Agreed they don't meet the nerds version but netbooks is now a marketing term for no internal CD drive.

      http://apcmag.com/dell_preps_12_inch_netbook.htm
      I can't find any for $1500, and can't be arsed to search any longer (.21 seconds)

      I got my Apple ibook cheap second hand for the same price as I'd pay for a second hand Windows laptop. I can run at least as much open software as I can on a Windows system. Yes, for me it runs nicer than the Windows laptop I had. Your dig at me for owning an Apple machine was wasted. :)

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    348. Re:Who wants to update?? by dcarmi · · Score: 1

      This isn't a case of "not supporting" a specific chip. By default it worked just fine, and is working just fine for many people currently using OS X on the Atom. No, this is a case of deliberately disabling a working feature for the express purpose of forcing you to buy their hardware over another's.

      I think you'll find that "..forcing you to buy their hardware.." should read:
      "..forcing you to install Ubuntu on your existing hardware and never experiencing the delights of owing Apple products.."

    349. Re:Who wants to update?? by smallfries · · Score: 1

      It's a shame that their business model is flawed. Given that they have two products software (X) and hardware (Y) that they always sell together they are charging X+Y to the customer. There is nothing to stop them shifting some of the price from one onto the other. So they could change the split and use the software cost to subsidise the hardware (more than they do). Phystar and the Hackintosh community would be screwed, and any business that they did do would lower the cost of Apple hardware getting them more mainstream sales.

      Instead, they've so far resorted to crappy legal tactics and some shoddy technical hacks. It's sad really, they should be playing to win rather than arguing over whose ball it is.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    350. Re:Who wants to update?? by McFadden · · Score: 1

      I think you make a fair point, and although you flirted with the subject you seem to have managed to avoid making the clear statement that a lot of people do, about the superiority of the Apple system due to the finite amount of hardware that the OS needs to cater for. I'll put my hand in the air and admit I used to subscribe to this theory. And then a while ago I was sitting at my Mac Pro 1,1 (ludicrously overpriced and fortunately paid for by my previous employer) and realized what a crock of shit this idea is. My NVidia 8800GT is a markedly superior card in terms of performance under Windows - in fact the majority of graphics cards as far as I know perform better in Microsoft's OS. Don't get me wrong. I'm a Mac OS X devotee and wouldn't change, but the idea that having a significantly smaller range of hardware automatically makes for better software is just wrong. Granted this isn't entirely Apple's fault - it's as much the card manufacturers responsibility as anyone's, but if Cupertino can't sort out decent drivers for the few graphics options available, it's a pretty pathetic showing.

    351. Re:Who wants to update?? by mrchaotica · · Score: 1

      And it would suck if I couldn't make the updates cheap to these people just because the law forces me to allow people to install my updates over say, pirated software.

      Yep, that would suck. But sucking doesn't mean you can magically change the law! You just have to suck it up and deal with it!

      And if your business model fails because of it, then it was your business model that was wrong, not the law!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    352. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      And of course, ALL hackintoshes are Psystars.

      Tit.

      There are torrents for hackintosh-modded OSX releases all over the place. Personally I don't get it, OSX is a sack of shit. But it takes all sorts, I guess.

    353. Re:Who wants to update?? by Dal+Platinum · · Score: 1

      The 'X just called and wants X' meme just tweeted that you need to go back to the nineties when it was only 10 years old.

    354. Re:Who wants to update?? by mrchaotica · · Score: 1

      They might not be able to enforce it legally if it's not clear enough on the box, but that's what they're officially trying to do.

      And that's exactly what people are complaining about: Apple's attempts to legally* enforce that which they cannot legally enforce!

      (*Note that I'm excluding Apple's technological attempts here. Some people are complaining about those too, but I have no real problem with Apple merely making it difficult; the problem comes when Apple starts threatening people (and/or Psystar) with the DMCA.)

      The only question here is whether you can legally sell a full version of a product for a reduced price to customers of a previous version.

      Not quite -- that situation is obviously allowed. I think the question you meant to posit was whether you can sell a full version of a product for a reduced price to owners of a previous version, and legally prevent people who didn't own the previous version from paying the reduced price too.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    355. Re:Who wants to update?? by jittles · · Score: 1

      You do NOT have to honor the EULA that comes with the software. It will never hold up in court. You may choose to do so, but that is a choice. Copyright will hold up in court and you are required by law to honor it.

      The EULA will never hold up because A) you can't read it before you purchase the software B) you never sign an agreement with the company C) even if you did not agree to the EULA, you would NOT be able to return opened software.

      These licenses are so one sided no judge would ever consider them to be fair.

    356. Re:Who wants to update?? by MeatBag+PussRocket · · Score: 1

      Magnuson-Moss act:

      The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.

      I fail to see how it applies here.

      ahh you see he was referring to the Moss-Magnuson Act. not the Magnuson-Moss Act. the former is a statute that provides whoever invokes it with the privilege to sound important and definitive using unsourced references and ambiguous terms. we see the Moss-Magnuson Act used a lot here on slashdot.

      or it could be that you just caught him with his pants down, but i like my explanation better.

      --
      i wage a holy war against the apostrophe.
    357. Re:Who wants to update?? by dangitman · · Score: 1

      Yes, it is. Show me a sequence of actions that would violate the GPL but would not violate copyright law.

      The very idea makes no sense, because copyright law says that the copyright owner has rights over how the work is used. So, the GPL offers no rights above what copyright law does, and the GPL is dependent on copyright law.

      You're actually sued for violating copyright. The GPL only enters into it in that if you had followed its terms, you could point to it as a defense. But if you haven't, then you can't, and standard copyright applies.

      There is no such thing as "standard copyright." Would you care to define that?

      Once again, the difference is that the GPL does not attempt to remove any of your existing rights. The GPL is a unilateral grant of privileges that you normally wouldn't have.

      So, how is that different to a EULA, which grants rights you normally wouldn't have, and doesn't remove any of your existing rights?

      --
      ... and then they built the supercollider.
    358. Re:Who wants to update?? by dangitman · · Score: 1

      Deciding what machine can run an operating system has nothing to do with copying and redistributing it. This is outside the scope of the copyright law.

      But running an operating system requires copying it. So it does fall under the scope of copyright law.

      --
      ... and then they built the supercollider.
    359. Re:Who wants to update?? by quetwo · · Score: 2, Insightful

      You didn't buy OSX, you bought a LICENSE to OSX. In the leagal world (which it seems most /.'ers have no idea about), there is a big difference.

      You cannot do what you wish with a piece of licensed software. You don't own it, the source code, etc. The license you purchase allows you to do only certain things with it, and in this case, only on certain hardware.

      Your example of branding is incorrect. They say in the EULA : "This license is only valid on Apple Hardware [defined earlier as computers, electronics and devices manfactured by the Apple Computer Corporation of California]. Additionally, you break very clear trademark rules if you were to use the Apple logo, brand or other representations of their product without their permission. You do not have the right to label your Chevy as a Ford -- and you can be sued for doing so.

    360. Re:Who wants to update?? by dangitman · · Score: 1

      Normal copyright: You cannot distribute without distributing source. You cannot distribute with distributing source. You can use in any way you want as long as you're not distributing.

      Except that this is complete bullshit. Copyright law does not say "you can use it in any way you want as long as you're not redistributing." Would you care to point out where it says that?

      Notice how the GPL only grants rights while the EULA takes them away?

      No, because the EULA only grants you rights - copyright law doesn't say you even have the right to run the program. The EULA grants that right.

      --
      ... and then they built the supercollider.
    361. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      > Software requires on-going support.

      You can sell that extra support. If I offer to send errata for a book, does that allow me to ignore first sale?

      > Software is hard and expensive to make.

      Not always. But anyways, first sale applies to DVDs, too. Movies are hard and expensive to make (or they can be) and are not typically made by one person.

      Encyclopedias have teams of people working on them, provide ongoing support, and are expensive to make and update. First sale still applies to them.

      --

      -- Don't Tase me, bro!

    362. Re:Who wants to update?? by dangitman · · Score: 2, Insightful

      They require it as a condition of running the software. If you choose to buy software that you don't have the right to run, then that's not very smart.

      --
      ... and then they built the supercollider.
    363. Re:Who wants to update?? by sgbett · · Score: 1

      Oh I would back you up on that, I don't think the system is superior because of the limited hardware - certainly not performance wise.

      I wonder if the performance is limited because they have higher stability requirements. I suspect a lot of manufacturers ship hardware that has only been tested to a certain level. At the risk of sounding like I am defending MS, this might go some way to explain why Windows has such a bad reputation.

      --
      Invaders must die
    364. Re:Who wants to update?? by geminidomino · · Score: 1

      So when I click "No", the money I paid appears back in my account?

    365. Re:Who wants to update?? by mikey_by_crikey · · Score: 1

      A copy of OS X and Mac is profitable for Apple. A copy of OS X and an netbook probably isn't.

      Hey, if Apple can't make money when I pay them for a copy of their software to install on a netbook then they are doing something wrong. This is a copy that I wouldn't have bought otherwise.

      Without the Hackintosh community and the knowledge that I could install Mac OS X on a netbook, I probably wouldn't have bought a netbook and a copy of OS X to go with it. I've already got one Mac laptop but it never left the house and their product line didn't have anything else that I wanted.

    366. Re:Who wants to update?? by Hal_Porter · · Score: 1

      US and other courts have tended to uphold EULAs in the past. Saying they are unenforceable because you don't want to abide by their terms is wishful thinking.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    367. Re:Who wants to update?? by jo_ham · · Score: 1

      Antitrust?!

      What are you smoking?

      What is Apple's marketshare of desktop PCs? Do you have other options of OSes to put on Atom-powered netbooks? How many?

    368. Re:Who wants to update?? by geminidomino · · Score: 1

      Bullshit. I bought a disk. The EULA doesn't matter. At the time that the EULA pops up, I own that too, because I've already exchanged my money for the product.

      That "You're buying a license" canard is bullshit. As is your claim that I can't label my chevy as a ford. If I want to spraypaint "This is a Ford" on the side of an S10 pickup or get a custom plate that says "MY FORD" for same, Neither Chevy or Ford can do fuckall about it.

    369. Re:Who wants to update?? by dmsuperman · · Score: 1

      If you had actually read your parent's post you'd see that he was responding to "It would seem that this does not actually inconvenience their customers at all right?" in which case he was correct in saying that it does inconvenience him, as a customer that pays for Apple's OS, when they disallow or require a hack to install it on an Atom CPU.

      --
      :(){ :|:& };: Go!
    370. Re:Who wants to update?? by Arkham · · Score: 1

      The thing is, Apple doesn't sell a standalone OS. The OSX boxes in stores are upgrades to the OS that came with your Mac. Apple doesn't enforce this in the software installer, but this is in fact the case. If you don't own a Mac that came with MacOS installed on it, you are not legally entitled to buy and install the "upgrade" on your non-Apple hardware. The fact that Apple doesn't put the draconian upgrade checks into their OS installer like Microsoft does not change that fact.

      --
      - Vincit qui patitur.
    371. Re:Who wants to update?? by drinkypoo · · Score: 1

      If Apple goes under it will be because people want their stuff but don't want to pay.

      I want a small netbook with a removable battery. Whoops! Say for the sake of argument that I wanted to run OSX. Apple doesn't offer me a product. Nice argument, it would be a shame if something happened to it. Oh sorry, did I do that?

      That being said I don't really like Linux or OS X. Still if you do, it seems like you need to follow the terms of the license the code is under.

      What "need" is this? I don't need to follow OSX's license unless I think I'm going to get in trouble. I certainly have no moral obligation to follow any Apple license; I believe in First Sale law, and that it should trump a EULA any time they conflict, and I will behave accordingly so long as I can get away with it. I do not feel that this is immoral in any way, and we can argue about it all day without actually affecting the issue.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    372. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Guess what, Apple made the OS, they get to license it how they want.

      Guess what, EULAs are completely invalid in some countries (post-sale conditions).
      Guess what, specific EULA clauses can also be invalidated by consumer law.

      Guess what, the GPL doesn't add restrictions beyond standard copyright law, it adds extra rights.
      Guess what, you're a 'tard.

    373. Re:Who wants to update?? by stewbacca · · Score: 1

      What "full version" copy are you talking about for $599? Maybe it was different with Snow Leopard (stopped caring about this stupid petty argument about 5 years ago), but it seems every version before that was an "upgrade" disc that contained the full version of the OS that had no dependencies on the previous incremental version being installed or not.

    374. Re:Who wants to update?? by Joe+U · · Score: 1

      and telling someone else how to do it

      I'm not a lawyer either, but I know enough that Congress can't pass laws restricting speech unless that speech puts people's lives in danger.

      Apple's profits don't count.

    375. Re:Who wants to update?? by stewbacca · · Score: 1

      All of their "upgrade" versions are "full" versions (minus Snow Leopard). You can go buy any of the X.1-X.5 "upgrades" and stick them on any Mac or Hackintosh you want. And by "can", I mean you are physically able to..not sure about the legality of it. So yes, there is such a thing as full versions that don't come with a Mac.

    376. Re:Who wants to update?? by stewbacca · · Score: 1

      If you hate the one button touch pad, you should buy a new MacBook, because they have zero buttons now.

    377. Re:Who wants to update?? by stewbacca · · Score: 1

      Yes. Snow Leopard is the only one I haven't tried, but every previous version has been a full install version on the disc that installs on any clean hard drive.

    378. Re:Who wants to update?? by stewbacca · · Score: 1

      My only question to your otherwise excellent post is why did you pay an extra $20 for the Family pack when the single edition will work on as many Macs as you have?

    379. Re:Who wants to update?? by selven · · Score: 1

      By default you have the right to do whatever you want. So the onus is on you to point to a source that says that copyright law prevents you from using software. I claim that only EULAs restrict you in that way.

    380. Re:Who wants to update?? by Hal_Porter · · Score: 1

      What "need" is this? I don't need to follow OSX's license unless I think I'm going to get in trouble. I certainly have no moral obligation to follow any Apple license; I believe in First Sale law, and that it should trump a EULA any time they conflict, and I will behave accordingly so long as I can get away with it.

      Legally you need to follow EULAs and copyright licenses because the odds are a court would find them enforceable.

      Morally I believe you do to - if someone releases software under a license of any kind, I believe your choices are to follow the license or not use it.

      Finally there are deep economic justifications for allowing people to release software with some rights reserved if you want people to release software at all. The alternative seems that any release is essentially putting things into the public domain, which is what happened before copyright and patent law was enforced in the US. That means that the people that actually create things don't get paid a penny, but the people that are able to replicate it and sell it do. E.g. if you're rich enough to buy a printing press you can keep 100% of the profits of selling books and leave the author of those books with nothing. This seems to me to be inherently unjust.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    381. Re:Who wants to update?? by drinkypoo · · Score: 1

      Legally you need to follow EULAs and copyright licenses because the odds are a court would find them enforceable.

      Contracts aren't supposed to trump law, and I'm not trying to exercise any rights not explicitly guaranteed by First Sale law.

      Morally I believe you do to - if someone releases software under a license of any kind, I believe your choices are to follow the license or not use it.

      I am accepting the software under the terms of sale for all goods laid out in First Sale law. There is a good legal defense to be made there, and I feel there is also an unarguable moral one even in the absence of such law. I have a right to modify and if I choose re-sell a thing I have purchased.

      Finally there are deep economic justifications for allowing people to release software with some rights reserved if you want people to release software at all.

      It's called copyright, and it has nothing to do with a EULA.

      The alternative seems that any release is essentially putting things into the public domain, which is what happened before copyright and patent law was enforced in the US.

      Don't try to being patents into this conversation, it's confusing enough as-is. Copyright law already covers everything that might be put into a EULA which is necessary for protection of software from this particular effect, so I'm still unclear on why you are arguing for the EULA.

      It's very simple, if you want to subject me to additional terms then you need to sell me software as a service, not as a product that I can just walk into a store and purchase. At that point I will have to enter into an actual licensing agreement. Since I have purchased nothing, I have no actual rights outside of those we agree on. But when I go into a store and buy a CD, I take physical possession of the CD and the bytes thereon and I may do with them what I wish except as otherwise prohibited by law, which is to say, copyright law which restricts my potential uses. However, as I repeatedly mentioned, First Sale law gives me an explicit right to modify something I have purchased and even re-sell the modified product so long as I do not claim it to be unmodified or otherwise represent it, which would be Fraud (as well as a possible violation of Trademark, but let's not go there.) And Copyright law explicitly tells me that I may re-sell a copyrighted work I have purchased, so long as I transfer any and all copies. In other words, purchasing a retail copy of OSX, modifying it to work on an Atom, and re-selling a modified CD with OSX for Atom should be a completely legal activity by a straightforward reading of the law, provided that you transfer the original CD to the purchaser as well. Why should Apple have any more right to restrict how I use (not distribute, but use) OSX than Ford has a right to prevent me from lifting my truck and adding a turbo to it because they want to protect their sales of taller-standing, turbocharged trucks? If they can't sell me a product profitably, don't sell it. Find a business model that isn't inherently doomed. There is no right to profit.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    382. Re:Who wants to update?? by Just+Some+Guy · · Score: 1

      FWIW, I'm typing this on a Karmic Koala desktop right now. I general, I prefer Linux. That didn't stop me from wanting to spend a little time and money to have an awesome, little unsupported OS X netbook.

      I'm not particularly upset with Apple at not supporting my setup. Why would they? I think it's pretty uncool that they're going out of their way to break it, though, and I certainly disagree with the idea that I did anything wrong by installing a legitimately purchased OS on my own legitimately purchased hardware.

      --
      Dewey, what part of this looks like authorities should be involved?
    383. Re:Who wants to update?? by Just+Some+Guy · · Score: 2, Insightful

      How many people making Hackintoshes are actually paying for the software

      I did.

      A copy of OS X and Mac is profitable for Apple. A copy of OS X and an netbook probably isn't.

      That's RIAA logic: you're actually claiming that Apple lost money by selling me that copy of Leopard for $130, because it's less than the $1,000 or so I would have paid if I'd bought their hardware at the same time. While I'm certain they'd rather have the $1,000, I'm just as certain that they ended up with $130 that they wouldn't have had otherwise.

      --
      Dewey, what part of this looks like authorities should be involved?
    384. Re:Who wants to update?? by Sandbags · · Score: 1

      They may not be able to tell you what you can and can not do with the OS, but they CAN tell you what it is legally licensed for, and it is legal to install on Apple Hardware only as that is the only hardware with an existing version of the OS installed on in order to apply the retail box upgrade.

      If you buy OS X, you have NOT bought a full version. Should Apple choose to sell a full retail version, it would likely be $329 or higher, and not include iLife. Until then, use of their OS on other hardware is no different from installing a copy of Windows Upgrade as a clean install on a new machine without decommisioning the older version (up upgrading an OEM license onto a new machine). That IS a licence violation, and I personally know people who have been charged by Microsoft for license violations (all of them working for businesses, no individuals, but it no less illegal).

      --
      There is no contest in life for which the unprepared have the advantage.
    385. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      From http://store.apple.com/us/product/MAC_OS_X_SNGL in bold letters:

      Snow Leopard is an upgrade for Leopard users and requires a Mac with an Intel processor.

    386. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      "Why does the author of a software program get to limit my rights when no other type of copyright holder has such a power?" Please cite the the constitutional amendment that specifies this 'right'.

      BTW...Try thinking about leasing a car...You are paying for, leasing, the car, but you cannot do anything you want to it, without consequences...if you bought a car you can do as you please with it.
      If you buy the actual software, for millions or billions of dollars, you can do as you please with it. If you lease, read license, the software, you cannot do as you please without consequences.

      Why should my 'right's be limited. I am paying for the car in both examples, I should be able to do as I please in both examples! Who cares that in the lease example I made an agreement stating what I can and cannot do! You made a lease/license agreement, sit down and shut up. Before you complain about the agreement, read EULA, you can refuse that and return if you do not like the terms.

      Or are you referring to constitutional amendment 37...the right to get whatever I, or you in this case, want. AKA the fashionable Entitlement Right.

    387. Re:Who wants to update?? by MarcQuadra · · Score: 1

      My oringinal thought was that it might not be on-purpose... There are 32-bit only Atom CPUs. Has anyone tested on the Atom 330, which can handle x86-64 instructions?

      Remember how 10.6 boots to a 32-bit kernel, even on 64-bit machines? Maybe Apple is comfy switching over to 64-bit by default now, so it's breaking most Atom chips. If they switched from the default logic of 'boot 32-bit unless we're on a 64-bit whitelist' to the more sane 'boot 64-bit unless we're on a 64-bit blacklist (like the original Core-based machines)', this would make perfect sense.

      --
      "Sometimes, I think Trent just needs a cup of hot chocolate and a blankie." -Tori Amos on Nine Inch Nails
    388. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      and perhaps they detect those original intel macs -- but those checks don't magically work for atom-based hackintosh systems? This is *exactly* why Apple will never support hackintosh. Some random idiot is using it on unsupported hardware, Apple makes some optimizations, the unsupported hardware quits working and the random idiot bleats uselessly about it.

      What part of "unsupported hardware may happen to work, may happen to work with tweaks, may break at any time for any reason" is so hard for some people to get? Oh, that's right, they're idiots.

    389. Re:Who wants to update?? by Devout_IPUite · · Score: 1

      It's not some fundamental right that when you buy something you should be able to do anything you want with it. There are plenty of licenses that make sense. Number of seats, length of time, support contract, etc. Anti-competitive behavior is much more subtle.

      Apple writes an operating system. Good.

      Apple sells hardware software packages. Good.

      Apple demands that to use their software you also have to use their hardware for no other reason than they want money. Bad.

      The fact that the EULA includes a limitation on which companies hardware you can install the software on is anti-competitive (by the very definition of the phrase. They are doing things to keep themselves in an artificial monopoly on hardware that can run their OS. It's not necessarily anti-competitive by current legal logic).

    390. Re:Who wants to update?? by jittles · · Score: 1

      Can you cite anything other than the Blizzard WoWGlider case? Because that is an entirely different story. With WoW you are paying for a service, hence the $15 monthly service fee. I would tend to agree that a licensing agreement for a service would be enforceable. You agree to the license by continuing to pay your $15 fee. Purchasing software at the store is a one time event and no contract is presented or signed at the time you take ownership of the software.

    391. Re:Who wants to update?? by LWATCDR · · Score: 2, Insightful

      Anti trust? Apple has what percentage of the PC market? 10% maybe? Apple blocking support for a chip that is used in none of their current OS. It maybe that they are going to come out with a new version of OS/X for say the AppleTV that will run on the Atom/ION platform and don't want people putting full OS/X on them.
      This is so far from anti trust that it isn't funny. Frankly if you don't like how Apple does business then don't buy from them.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    392. Re:Who wants to update?? by Devout_IPUite · · Score: 1

      The difference is between deliberately making changes to kill things and not putting in the money to make something run.

      MS should be brought up on anti trust charges for all the stuff they've done with impeding Java installation on their machines, the whole MS Explorer "we can't take it out" BS, every open standard they try to mess with, and probably a dozen things I'm not even aware of.

      Anti-competitive behavior is bad. Consumer freedom is good. Unfortunately, Microsoft is in bed with the democrats and republicans think consumer freedom can only be achieved by unregulated monopolies.

    393. Re:Who wants to update?? by Sandbags · · Score: 1

      False. The license ready "by installing you agree..." This type of license has in fact been held up by appelate courts in numerous districts.

      You have a right to return the product for full refund to the vendor should you refust the EULA. The local store may not be required to accept your return if the seal is broken, but Apple WILL refund your purchase.

      Furhter, the box indicates an address to read the EULA from. The EULA is on hand in print form at all apple retailers per their reseller agreement. The box indicates in the system requirements include "Mac Computer with an Intel Processor." It CLEARLY states on the back of the box "Upgrade from Mac OS X Leopard with Snow Leopard, a simpler, more powerful, and more refined version of Mac OS X."

      No, there's not a big blue sticker saying "Upgrade" on it. Howver, it is made clear in all their product documentation, and on the outside of the package, that it is an upgrade-only license, requiring an existing Mac to install it on. Further, the EULA, which CAN be refused, also states the same.

      --
      There is no contest in life for which the unprepared have the advantage.
    394. Re:Who wants to update?? by commodore64_love · · Score: 1

      The M-M Act prevents dealers or carmakers from locking you into a specific brand of part. i.e. If you need a new oil filter for your GM car, you must have the option to use generic brands, not just a GM brand.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    395. Re:Who wants to update?? by Sandbags · · Score: 1

      Yes, they were.

      1: System Requirements Section on the bottom of the box:
      Mac computer with an Intel processor
      1GB of memory
      5GB of available disk space
      DVD drive for installation
      Some features require a compatible Internet service provider; fees may apply.
      Some features require Apple’s MobileMe service; fees and terms apply.

      2: first line of product description on the back of the box: "Upgrade from Mac OS X Leopard with Snow Leopard, a simpler, more powerful, and more refined version of Mac OS X. " Clearly indicates "upgrade" from an existing OS X installation.

      3: Fine print on bottom of box provides EULA and other "reccomended reference" material in the legally required disclaimer area of the package. Your cereal box makes no such disclaimer, and noone expects cerial to have prerequisite requirements. It IS hoever legally accepted as common knowledge that PC software has reqtrictions and requirements, and it would be expected a purchaser would reference that material, which is not only freely provided on the web, but Apple retailers will provide it in print form if requested.

      You were given 3 opportunities to undertsant the nature and restriction of the product before purchase. Failure to read the box is not Apple's fault. it HAS been upheld in a court of law that the product simply needs to REFERENCE the license, and the packaging does NOT need to have the entirety printed on hand, provided that license is freely available, which it is.

      Your argument is bunk, and only supports a position of one who would wish to violate a clearly defined product restriction.

      --
      There is no contest in life for which the unprepared have the advantage.
    396. Re:Who wants to update?? by Devout_IPUite · · Score: 1

      Interesting. I'm currently re-evauluating my position. Wonder where I'll land (I'll probably find some way to vilify MS even more for this, but who knows).

    397. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      However, as I repeatedly mentioned, First Sale law gives me an explicit right to modify something I have purchased and even re-sell the modified product so long as I do not claim it to be unmodified or otherwise represent it, which would be Fraud (as well as a possible violation of Trademark, but let's not go there.) And Copyright law explicitly tells me that I may re-sell a copyrighted work I have purchased, so long as I transfer any and all copies.

      False, at least in the US. For one example read this. http://en.wikipedia.org/wiki/CleanFlicks

    398. Re:Who wants to update?? by Culture20 · · Score: 1

      A copy of OS X and Mac is profitable for Apple. A copy of OS X and an netbook probably isn't.

      How much does that CD/DVD + manuals + box cost? What price does it sell for? OS X and a netbook isn't _as_ profitable, but there's still profit.

    399. Re:Who wants to update?? by dishpig · · Score: 1

      Technically he's right. All boxed versions of the Mac OS are upgrades. All Macs come with an OS so the only reason Apple provides boxed versions are for user upgrades. Apple is generally not in the software business, nor in the hardware business - it's in the integrated hardware / software business.

    400. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Does a hot dog vendor come back to you and demand after you shit out the old hot dog that you make turn it back into the original hot dog?

      No, so pull your panties up and move on

    401. Re:Who wants to update?? by Sandbags · · Score: 1

      Funny you should mention some of these things.

      The cereal i had for breakfast had a website address for "additional nutritional informatoin" and also actually suggested I speak to a doctor about the health benefits, risks, and reccomended diat before consuming if i have any existing health conditions.

      The chair I'm stting in has a tag indicting I need to read the Ergonomic guide for health and saftey concerns, and absolves the manufacturer from all injury related suits against them for failure to do so. That information is also not printed on the box of any chair I've ever bought.

      The Apple box DOES indicate in CLEAR text "Upgrade from Mac OS X Leopard with Snow Leopard, a simpler, more powerful, and more refined version of Mac OS X." on the packaging in the product description area, and the first system requirement is a "Mac Computer with intel Processor." Further, there is text indicating the product is governed by an EULA, and information about where to obtain that is on the box.

      This is 3 fold indication the product has resatrictions that can be obtained and understood pior to purchase. Your failure to read the EULA is your own, and your lack of understanding of "upgrade" will not be upheld by a court of law. The manufacturer is not required by law to put a big blue sticker with "Upgrade onle" on the box, so long as it is indicated otherwise on the packaging, which it is.

      Case closed, par your $100,000 fine for piracy to Apple Co.

      --
      There is no contest in life for which the unprepared have the advantage.
    402. Re:Who wants to update?? by Sandbags · · Score: 1

      The software you bought was an upgrade. It is equally illegal to buy an Upgrade to Windows 7, then buy or build a new PC, and try to migrate an OEM copy of Windows Vista or XP from the old machine to the new one (or worse still keep the old machine running as well).

      IF and when apple chooses to offer FULLVERSION retail copies of OS X (don;t hold your breath, the support logistics alone would tripple or more their staffing requirements when tens of millions of people start installing copies), then you'll likely pay $249-359 for that copy. THEN you can install it on the PC of your choice.

      Apple has made the requirement of an existing Mac a CLEAR part of the system requirements on the box, and the first line of the product description on the back of the box is "Upgrade from Mac OS X Leopard with Snow Leopard, a simpler, more powerful, and more refined version of Mac OS X. "

      You have no excuse.

      Coercion? Seriously? Explain to a judge exactly how they FORCED you to buy their software, and how you were never informed of the restrictions (even ignoring the packaging and after opening it, it could have been returned to appole if you simply clicked "disagree" to the software EULA for full refund).

      --
      There is no contest in life for which the unprepared have the advantage.
    403. Re:Who wants to update?? by Sandbags · · Score: 1

      Well, you also can't tell people they can't resel copies of OS X, as the folks behind AutoCAD found out the expensive way. Even still, invalidating that PART of their EULA still did not invalidate the entire EULA. EULAs are VERY legally binding, and this has been proven out in cour over and over and over again.

      It's illegal to discriminate point of sale to who, but it is not illegal to tell someone "though the full install is contained on the media, you may only use this if you already have an OEM copy of our OS on an existing machine".

      I can't tell you wnat you can and can't do with my software, but... oh, wait, yes I can. The "Not for Commercial Use" EULA has ALSO been upheld in federal court, so YES, i very well legally CAN tell you that you can or can;t us eit for profit. I can't tell you what you can/can't install into the OS, even including the iPhone, all i can do is refuse to SUPPORT it if you violate my preference, but thats as far as Apple can take that.

      Fact is, the license is a upgrade of an OEM copy of OS X. If you don;t have a Mac, it;s NO DIFFERENT that illegally installing a Upgrade version of Windows 7 on a new PC using an OEM copy from another PC as the validation copy.

      Also, ytou WERE informed prior to sale, 3 different ways on the outside of the packaging, and all over the website if you bought online... even still, it could be retuend for a full refund, even if opened with seals broken, directly to apple. (you may have to wait a few weeks for a refund check to come in the mail).

      --
      There is no contest in life for which the unprepared have the advantage.
    404. Re:Who wants to update?? by quadrox · · Score: 1

      Linux doesn't come with a license (EULA), which is the whole point of F/OSS anyway, rendering your argument utterly invalid.

      The copyright license it is distributed under is a whole different story. It seems you are confusing the two.

      Finally, remember that the only reason (most/many) F/OSS projects use a copyright license is only because copyright exists in the first place. If there was no copyright, F/OSS projects would not need to have a license because being allowed to distribute any code would be the default, not the exception.

    405. Re:Who wants to update?? by Sandbags · · Score: 1

      EULA has nothing to do with copyrite (though it also spells out exceptions to copyrite includng right to make personal copies, etc, in many cases). EULA is about USE RIGHTS, and LOTS of things come with EULAs beyond software, including Real Estate, equipment Rental Leases, Loans and grants, and dozens of other things.

      You do NOT own the software, you purchased a license to use it with. you do own the physical copy of the CD, but a digital download where you acquire no physical media has the same legal restrictions.

      You are not allowed to do whatevery you want with a CD either, and laws about that vary from state to state as well. Some clauses in EULAs have been determined by judges to be too restrictive, or contrary to law (as AutoDesk found out about trying to block resale and transfer of license, which IS allowed now), but invalidating part of the EULA does NOT mean the entire EULA is illegal (it;s called the "seperation" clause).

      You can use the software from apple for any reason, including commercial, but ONLY on products containing an existing OEM license of that software. Note it claims "appel branded" which could imply 3rd party or authorized clone systems in the future, and this was NOT limited to "apple manufactured" or "apple distributed." Since there are no authorized clones/alternate manufacturers, which tey DO have the legal right to restrict and control and NO apple is NOt a monopoly (which itself would not be illegal if they were) and they are not stifling competition as is evidence by their limited 6% market share.

      --
      There is no contest in life for which the unprepared have the advantage.
    406. Re:Who wants to update?? by IndustrialComplex · · Score: 1

      Or maybe they optimized the kernel for SSE4? All Macs do SSE4 - the Atom doesn't. Perfectly reasonable, yet people always jump to the malicious explanation...

      If it were almost any company other than Apple I might agree with you.

      However, Apple is the KING of designing hardware and software that is explicitly incompatible with the predominate standards in the marketplace. Until recently if you took a look at the back of a Mac you would find an array of proprietary plugs that were specifically engineered to be different than the standards. Consider the chips that they place in the CABLES that attach to iphones/ipods which will prevent you from using certain features of your equipment.

      Again in any other company I might chalk it up to simple optimization or oversight, but when it comes to Apple, incompatability is part of their business model.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    407. Re:Who wants to update?? by IndustrialComplex · · Score: 1

      And if I decided to put custom rims on a Ferrari? Should Ferrari disable the vehicle's computer because it doesn't like the rims?

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    408. Re:Who wants to update?? by russotto · · Score: 1

      I didn't license the software.

      Hence you have no right to run it.

      Incorrect. The right to run the software is not one of the exclusive rights included in copyright (see 17 USC 106). Furthermore, the right to make copies incidental to executing the software is specifically permitted to the owner of a copy of the software (17 USC 117). The shiny plastic disc is a copy of the software (17 USC 101). Therefore I have the right to run it.

      As for Carbolic Smoke, it clearly doesn't apply (case concerned a company which made an open offer and then refused to honor it), and as such, is a smokescreen.

    409. Re:Who wants to update?? by david_thornley · · Score: 1

      Apple makes you pay, pay, and pay some more (at least $100 when I was last at the Apple Store in Short Pump, VA) for service packs that contain nothing but patches/bugfixes, let alone operating system upgrades.

      Really, what would this be? $100 is about the price of a usual OS upgrade for Apple, such as when I upgraded from Tiger to Leopard. I did that because Leopard offered real advantages, such as Boot Camp. It was a serious upgrade of the OS, and added new capabilities.

      Now, the upgrade from Leopard to Snow Leopard, although it has some useful things, is more of a course correction for Leopard, and is $29. (I see no reason to get it, actually, so I'm not going to.) The upgrade from Tiger or earlier to Snow Leopard is $99, I believe.

      The only thing Apple will charge a hundred for is serious upgrades that add a lot of functionality. If Mac users don't want to upgrade, that's cool too.

      They ought to start wondering why it is that many of us give fuck-all about their precocious shite hardware and realize it's the operating system people are after.

      No, most of the computing public doesn't really know what an operating system is. What people are after is stuff they can do without too much hassle. Apple can do that in part because they control the hardware. They know what they have to test on to see if everybody gets the right experience. They're making whole loads of money doing this, too, as opposed to the financial problems they got into with licensing their OS to clone makers.

      You and I know what an OS is, and can pick what we want (I run Leopard, Ubuntu, and XP at home), but we're not Apple's target audience. There's sufficiently few of us so we aren't any large company's target audience. We get our stuff by building it ourselves, buying from small companies, or minor product lines of large companies.

      To use a car analogy, I want a car to move me, my family and friends, and my stuff comfortably, and I bought one that does very well at that. I actually know very little about the specific mechanics, since I don't have to and I don't really care. This is how most people think about their computers.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    410. Re:Who wants to update?? by stim · · Score: 1

      Yeah, remember that time that Starbucks put a chemical in their coffee so if you took it home and watered it down it would turn into dog pooh? Oh wait, your analogy is just retarded.

      --
      Browse at -1 to keep an eye out for abuses.
    411. Re:Who wants to update?? by Achromatic1978 · · Score: 0

      Furthermore, the cost of the upgrade to the latest version of OS X is $29, not >$100.

      "Furthermore, ignore the fact that 10.0 to 10.1 cost $129, 10.1 to 10.2 cost $129, 10.2 to 10.3 cost $129, 10.3 to 10.4 cost $129, 10.4 to 10.5 cost $129, 10.5 to 10.6 costs $29! You're a fool"

      You're a blindered ass.

    412. Re:Who wants to update?? by stim · · Score: 1

      Copyright != EULA Why is this such a hard concept for people?

      --
      Browse at -1 to keep an eye out for abuses.
    413. Re:Who wants to update?? by david_thornley · · Score: 1

      A copy of OS X and Mac is profitable for Apple. A copy of OS X and an netbook probably isn't.

      Apple doesn't sell netbooks, and I don't foresee them doing so any time soon. Leave the netbook out of this.

      Apple sells copies of the OS, no questions asked (at least not the last time I bought one). For something roughly around a hundred dollars, you get a very nice-looking box with several CD-ROMs in it. They have to be making money on that. Perhaps not as much profit as a Mac itself, but there's much to be said for charging a hundred bucks for something with a marginal cost of a buck or two.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    414. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Seriously, people should be able to what they want with things they have purchased. If they buy cheap PC parts and a copy of Mac OSX, they should be able to put it on their PC. That of course doesn't mean Apple should have to support it.

      Think of the first Tiger Hackintoshes, Tiger was compiled with SSE3(?) support, but not all hackintoshes had a CPU with SSE3. Apple isn't trying to prevent SSE2 chips from being supported, they are just supporting their own hardware - all of which had at least SSE3. The Hackintosh community made a workaround and I believe that was awesome.

      The moral of the story, people should be able to do what they want with what they buy.

    415. Re:Who wants to update?? by david_thornley · · Score: 1

      According to the reference you provided, Psystar has been ordered to pay a small amount of legal costs, and they did win one round about interpretation of copyright law. The Wikipedia article section said nothing about court rulings on the EULA.

      I haven't been following the suit all that closely, but Apple opened with a shotgun of charges, apparently including anything they could think of, I think in the hope that some of it would stick. They included the EULA, of course, but also things related to copyrights.

      Until we actually see rulings, this case hasn't established any sort of precedent.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    416. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      Why are you bringing up a car? We're talking about why copyRIGHT, which is a right granted to creators of creative works, grants a different set of rights to the author of software versus the author of a book.

      If I buy a book in a bookstore, I *own* that copy and can do whatever I want. The courts of acts of Congress have already said that including a notice in the book does NOT turn this into a license. It looks like a sale, it feels like a sale, it is a sale and the copyright holder's rights to THAT copy have ended.

      If I purchase software from a store, I get a box with the media and the manuals. I don't own other copies and I don't have a right to make additional copies. But I should own that copy.

      I'm not asking for special privileges, it's the software companies that are asking for special privileges. I want to do what I want with my copy. I can do what I want with a book or with a DVD. A film distributor can't tell me that I can only play his DVD on a Sony DVD player. Why can a software manufacturer tell me I can only run on their hardware?

      --

      -- Don't Tase me, bro!

    417. Re:Who wants to update?? by marcansoft · · Score: 1

      Right - I meant to imply "exclusively" in there (sell the reduced version only to customers of previous versions).

    418. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      But you CAN'T put an EULA on a book, sell it to someone, and then say "you don't have the right to read it". The Supreme Court already ruled on that. It is settled case law and was later codifier.

      So why is software different? Apple will sell you a physical copy of their software without requiring you to agree to anything before the sale. This is *exactly* like buying a book.

      --

      -- Don't Tase me, bro!

    419. Re:Who wants to update?? by hrimhari · · Score: 1

      We'll see about holding up on court when the Psystar affair ends.

      Meanwhile, Apple's business seems to be selling complete solutions, hardware and software. I think they made it perfectly clear by now that they are NOT interested in allowing people to play with half of their solution and mix it with another half that they DON'T WANT TO SUPPORT.

      They want their full solutions to just work and gain such a fame. When people insist in using halves with unsupported parts, it creates a new type of user that will be bound to have a worse user experience and potentially hurt the "just work" image they want to nurture.

      So it seems reasonable to assume that they DON'T WANT you as a customer unless you buy the product as THEY want to SELL IT.

      See? I can use caps too ; )

      --
      http://dilbert.com/2010-12-13
    420. Re:Who wants to update?? by jimicus · · Score: 1

      As far as I know, nobody has ever been successfully sued for violating a license agreement (as opposed to copyright law itself, or the DMCA) included with a movie DVD, so your analogy fails.

      Psystar, more or less by the definition of their own business model, are copying OS X in order to install it on their hackintoshes. (Copying from the install media).

      They are then selling these hackintoshes, complete with the copied OS.

      Apple's argument, AFAICT, boils down to the idea that this copy is copyright infringement - nowhere near as bad as the MP|RIAA would make out - and selling it is committing copyright infringement for profit.

      (Myself I think it's stretching it a little to call "installing an OS constitutes making a copy and hence copyright infringement unless you do so in accordance with our terms, ipso facto selling a PC with the installed OS is making a profit out of copyright infringement and a Very Bad Thing Indeed", but the whole point of a lawsuit is when A and B disagree, you have a disinterested third party, C, make the decision).

    421. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      The GPL says no such thing about how you can use your software. In fact, one of the basic freedoms of Open Source software is that it can't discriminate. You can't, for example, say your software is licensed under the GPL but cannot be used for purposes of nuclear proliferation. There are NO use restrictions on GPL. The GPL *grants* you additional rights that you would not otherwise have, but only if you agree to additional terms. If you don't accept the additional terms, you don't get the additional rights, and you're stuck with your copy that you can do whatever you want with (short of redistributing).

      --

      -- Don't Tase me, bro!

    422. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      When I tried to install WinMe on a 133MHz IBM Thinkpad a decade ago, it told me it required a 150MHz processor and refused to install.

      Some might call that a "forced upgrade". Know what I call it? A cost-cutting measure. You know why? Because if they let people install it on any machine, then MS is going to get support calls from people wondering why Windows 7 takes half an hour to boot on their old 333MHz Pentium II.

      Sure, OSX 10.4 might "work fine" on the original iBook. But why should your personal definition of "work fine" outweigh Apple's attempt to reduce the number of support calls they receive? I'm sure you'll agree that the original iBook wasn't as powerful as the later hardware that 10.4 was intended for.

      To further clarify my point, my wife's definition of "work fine" is not the same as my definition. Why is hers any more valid than mine? Similarly, mine is no more valid than Microsoft's or Apple's, and since they're the ones who have to field support calls, they're the ones who get to decide to impose limitations on their software.

      I'm neither an Apple apologist (I don't intend to ever own a Mac) nor a Microsoft fanboy (I haven't ever paid for a Microsoft OS intentionally). I just have the ability to use this thing called "common sense" and apply it to businesses and the (at first glance) arbitrary things businesses do.

    423. Re:Who wants to update?? by nine-times · · Score: 1

      No, this is a case of deliberately disabling a working feature for the express purpose of forcing you to buy their hardware over another's.

      Is there evidence that it was deliberate? I'm not claiming it's not, but I don't see any real evidence that they intentionally blocked the atom processor from working.

      From TFA, it sounds like a development build had a lot of changes in the kernel, and one of the effects is that Atom processors no longer work. It's at least possible that they made a change in the kernel which messed up code for Atom processors and didn't catch it because... well... they don't support a single model of computer that uses that code.

      Or really, even if they stripped some Atom support out of the kernel on purpose, it might not have been a nefarious plan to keep you from running a hackintosh. It might have just been that they were stripping out code for unsupported hardware for the purpose of optimization or something. That wouldn't be very sinister given that... well... they don't support a single model of computer that uses that code.

    424. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Isn't it funny that the exact same people calling the $129 for Leopard the "upgrade price, because you had to have a Mac to buy it" are now calling anyone hinting at the possibility that the $29 Snow Leopard could be considered an update an "Apple FanBoy". Way to go, you fanboys - now all you have to do is actually come out of the closet and buy a Mac already.

    425. Re:Who wants to update?? by omnichad · · Score: 1

      If you don't make money on a product you offer it's your own fault. I can go to a grocery store and buy all the loss leader items in the sales flyer and leave. They lose money. It's still their fault.

    426. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      > It's in the EULA.

      Again, the Bobbs-Merrill Company included a notice (essentially, an EULA) with a book. One hundred years ago, the Supreme Court saw that this was clearly a sale and not a contract or license. The court didn't say that Straus was entitled to a refund, they said that Straus bought the book and he could do whatever he wanted with it (despite the fact that it violated the notice inside the book).

      Why can Apple do what Bobbs-Merrill Co. couldn't?

      --

      -- Don't Tase me, bro!

    427. Re:Who wants to update?? by omnichad · · Score: 1

      My OSX Snow Leopard DVD came with two Apple stickers. I promptly stuck those on my hackintosh. It is now Apple-branded hardware. They include a branding kit right in the box!!

    428. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      They can *say* whatever they want. The Supreme Court ruled that the terms of the so-called license of the book were invalid. They didn't say it was illegal to to write that, just that it was unenforceable.

      --

      -- Don't Tase me, bro!

    429. Re:Who wants to update?? by gobbo · · Score: 1

      Right. Like posting on /.!

    430. Re:Who wants to update?? by Slime-dogg · · Score: 1

      What is the real difference between software and a cookbook?

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    431. Re:Who wants to update?? by CrimsonAvenger · · Score: 1

      A copy of OS X and Mac is profitable for Apple. A copy of OS X and an netbook probably isn't.

      What a bizarre notion! Incremental cost for one more copy of the software is less than $1, so profit on a copy of OSX is above 97% of sale price, and in the thousands of percent of cost.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    432. Re:Who wants to update?? by Mattcelt · · Score: 1

      There's a hell of an expanse between "not supporting" hardware and specifically targeting it to kill it. Would you be happy with a REQUIRED new wheel for your car that wouldn't allow it to run with anything other than GM-branded tires? What if you had modified you car to run with Goodyears, and GM automatically installed a new piece that made those tires go flat?

      The courts would have a field day if a car company tried that. Why do software companies get a free pass?

    433. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Why can my boss tell me I have to work 40 hours a week...
      Why can the airlines tell me to take off my shoes...
      Why do I have to wear a shirt and shoes for service..

      No, these are not copyright, but then I guess the following means nothing you:
      A^2 + b^2 = C^2
      I mean those are letters they have nothing to do with shapes or numbers, oh wait it is an abstraction.

      You make a deal, not at purchase, but at the time of install to agree to certain terms, like your boss agrees to pay you $x.xx/week(look another abstraction) if you work 40 hours/week. If you do not want to accept those terms, return the product, or in our abstraction, do not work there!
      You are not entitled to everything you desire. An agreement is either made or not made. It is a contract, and no, you don't sign your signature(A signature is not required for all contracts), you check a box, that states you agree to the contract.

    434. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      .It's just that the Snow Leopard disc is so cheap because they assume that you have bought an Apple computer already

      That's Apples fault, not the buyers.

    435. Re:Who wants to update?? by amoeba1911 · · Score: 1

      this is a case of deliberately disabling a working feature for the express purpose of forcing you to buy their hardware over another's.

      You have an excellent point. The idea of adding limits to an OS like this is very anti-competitive. I feel the need to further illustrate the point.

      If Microsoft made a deal with Dell and made Windows run exclusively on Dell brand hardware deliberately, there would be a massive uproar of epic proportions from end users as well as other hardware manufacturers. No amount of EULA weaseling can justify the artificial monopoly Microsoft is creating for Dell. I'm sure everyone would agree this would be very anti-competitive.

      Now, the plot thickens: suppose Microsoft bought Dell and became known as MicroDell. Would MicroDell suddenly have a justification to make Windows run exclusively on MicroDell computers? No, it's the same situation as before and it's just plain anti-competitive. -- This is exactly what Apple is doing: Apple is making Apple OS run exclusively on Apple computers to drive out competing hardware manufacturers.

    436. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      > Why can my boss tell me I have to work 40 hours a week...

      He can't. You both come to terms and have a contract.

      > Why can the airlines tell me to take off my shoes...

      They can't. However, before they allow you to board the plane, you must agree.

      > Why do I have to wear a shirt and shoes for service..

      Generally because the health department has imposed this requirement, but it's still a requirement that takes effect before you enter the business. A restaurant can NOT tell you that you have to wear shoes and shirt when you take your food home. If you buy food at for takeout, you are allowed to give it to someone else. You can feed it to your dog. They can NOT limit your rights to do what you want with your merchandise after you leave their establishment.

      You can NOT add a license to a book and then sell it at retail. You can require a purchaser to agree to terms BEFORE you sell the book, but you can't just add a notice inside the book. This is literally what was attempted a hundred years ago and the Supreme Court found that it was nonsense. Copyright does NOT give you ultimate control of every copy for all time, and selling a copy at retail does NOT create a license.

      Given that selling a box of software at a retail store, why is it ANY different than selling a book or DVD? You do NOT need to agree to a license BEFORE you buy the product, so why should a software vendor be allowed to do what book publishers have never been allowed to do?

      --

      -- Don't Tase me, bro!

    437. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      I don't think you want to move the case across the corridor to Trademark violations, which is all the argument for branding the computer yourself will get you.

    438. Re:Who wants to update?? by DJRumpy · · Score: 1

      Because you haven't 'bought' a copy of OS X. You bought a license, which I shouldn't need to explain the difference. You are basically given limited use of said software, not wholesale ownership.

    439. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      You say a bought a license. Bob-Merrill Co. said Straus bought a license in 1908. The Supreme Court said Straus bought a book and adding a notice limiting the rights inside the book did not create a license. You can buy OS X in a box set.

      If you can't add a notice to a book or DVD and call it a license, why can you add a notice to software and call it a license?

      --

      -- Don't Tase me, bro!

    440. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      So you are now abstracting..."They can NOT limit your rights to do what you want with your merchandise after you leave their establishment.", in reference to food. So now I point you to the previous car analogy. Leasing(or licensing) and purchasing are two different things. The courts have found, in the CAD case, that you do own the disc, and you can do whatever you want with it, but not the software, it is leased(licensed), and subject to the agreement, if you selected the accept terms, in the EULA, and choose not to return it.

    441. Re:Who wants to update?? by BasilBrush · · Score: 1

      Furthermore, ignore the fact that 10.0 to 10.1 cost $129,

      Also wrong. It was free.

      As to the others, the version of OSX that came with one's Mac keeps on working just fine. You don't have to upgrade to the latest version. People that do upgrade do so because the extra functionality is worth it to them. Quite the contrary to what the OP claimed, which was they were charges for bug fixes and NO new features.

      Dimwitted jackass.

    442. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      You do realize that what you are saying...

      You agree that the employer and boss come to an agreement. An agreement that the boss can change after the fact, and pay you less! Just as the EULA is after the fact of the purchase. You recourse...quit the job, which you have already acquired or agree to the new pay terms(Just like returning the software, or agreeing to the terms)

      I laugh that you agree with the airline example also. You purchase you ticket never knowing what limitation/restrictions are going to be imposed at the airport. They can implement new baggage procedures, or even search procedures on a whim...AFTER YOU PURCHASE. If you do not agree do not fly that day.

      Again, you do realize...

    443. Re:Who wants to update?? by MightyYar · · Score: 1

      The software you bought was an upgrade.

      Pardon? Where does OSX 10.0, 10.1, 10.2, 10.3, 10.4, or 10.5 say upgrade? IIRC, it does not even say upgrade on 10.6. But you are leaping to conclusions. I neither have Snow Leopard, nor do I have a hackintosh.

      Coercion? Seriously?

      Re-read my comment. I was not claiming coercion. I was claiming that I did not agree to the EULA prior to sale. I'm objecting to post-sale contracts, not coercion.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    444. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      You're the one who brought up food.

      With a car lease, you sign an agreement and agree to give the car back at the end of the lease period. You absolutely have a contract and they can limit your rights.

      When you buy Mac OS X at retail, you do not have to sign a contract. You are not required to give the software back after some time. It is sold as a box, so the first sale doctrine should apply.

      There IS software that is sold as a contract. There is software where you are only allowed to use it for a fixed period of time and where you must agree to a contract ahead of time. Max OS X in a box is NOT like that.

      Not sure what CAD case you're talking about, but in Vernor vs. Autodesk, the courts (to date) have found first-sale applies when the software purchase resembles a sale. The software is not time-limited and there are no recurring charges.

      --

      -- Don't Tase me, bro!

    445. Re:Who wants to update?? by MightyYar · · Score: 1

      You are begging the question, too.

      Even if I grant you that I am in breach of contract... what is my risk? There is none.

      Doh ... why am I even asking your permission, all these property rights are just "so messed up."

      Copyright laws are not "property rights". They are like patents - a limited monopoly on an idea. You've watched too much MPAA propaganda.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    446. Re:Who wants to update?? by MightyYar · · Score: 1

      LOL, can you imagine being that entitled-feeling?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    447. Re:Who wants to update?? by Col.+Klink+(retired) · · Score: 1

      An employee/employer relationship is ongoing. It is not a sale. First sale would never apply. You can't sell your job. A job is not an object and has nothing to do with copyright. It's just a silly strawman that you came up with.

      Likewise, an airline ticket is an agreement for service. The sale is final after service is provided. I don't know what that would have to do with first sale. You can't sell a service that you received after the fact. Another silly strawman.

      When you buy a book or DVD, however, you get a physical object. There is no ongoing relationship. You don't have to continue to pay for the book and your relationship with the publisher or retailer ends when the transaction has concluded. You have the right to do whatever you want with your copy.

      You *can* construct an arrangement where there is an ongoing relationship, but you can't convert a retail sale into a license by simply adding a notice inside a book that makes that claim.

      When you buy software at retail, you get a physical object (CD or DVD). There is no ongoing relationship. You give them money, they give you the object. You are not expected to continue to pay for the software after the fact. Why should THEY be allowed to add some additional claim after the fact when other copyright holders can't.

      --

      -- Don't Tase me, bro!

    448. Re:Who wants to update?? by iamacat · · Score: 1

      With Apple's tiny market share, it is more to their interest to consolidate the user base to the latest version of the OS so that application developers have the maximum number of customers to target with new technologies. Hence Snow Leopard is $29 and doesn't bother to check if you have Leopard before installing.

      However, if they just let the installer run on an older, slower machine, they become responsible for all advertised features of the OS working in an acceptable manner. You may be happy with results of XPostFacto/LeopardAssist, but it may be impossible to play a movie full screen or to open more than 5 dashboard widgets. Worse, you may buy an expensive app designed for Leopard and find that it does not work since it's developer targeted the expected lowest common denominator hardware.

      Apple could have provided some expert option to bypass the checks and show a compatibility warning during every boot instead. But their philosophy is that if things install they should work completely and work well rather than sporadically crashing/hanging/requiring hacks. They didn't not however use DRM to keep people from creating 3rd party hacks, so enjoy your XPostFacto and LeopardAssist.

    449. Re:Who wants to update?? by Sandbags · · Score: 1

      Actually, "Upgrade" appears on the package for both 10.5 and 10.6. Further, the system requirements clearly state "Mac hardware with intel Processor" (older versions also included PPC).

      You were not coerced into agreeing to a contract post sale, you were provided ample opportunity to read that EULA pre-sale. Even if you did not read it, you still had the op to return it after opening it, if you read the terms of the EULA it states how to contact apple for that refund. Wether you read the EULA and agreed to it or not does not bind you to the purchase, simply failure to take the advice printed on the box to do so binds you into a potential of having to wait for a refund check. You have no legal obligation to keepm the software until you click "I Agree" and proceed with an install.

      --
      There is no contest in life for which the unprepared have the advantage.
    450. Re:Who wants to update?? by MrHanky · · Score: 1

      Yes, you are an Apple apologist, and no you don't have the ability to use common sense. Proof:

      1) Your example is pointless: there is no software that demands Windows ME, and therefore no "forced upgrade" for anyone. Use Windows 98 if you need it. Common sense?
      2) There is no "cost cutting" in implementing checks and restrictions against unsupported hardware. Your imaginary phone calls are imaginary. Your common sense fails it again.
      3) OS X was ridiculously slow in the beginning, and new releases have been better optimised. Any computer that could run 10.2 was better with 10.3, including unsupported ones. Your silly assumptions show that you are, indeed, an Apple apologist.

    451. Re:Who wants to update?? by nurb432 · · Score: 1

      95% of them wont notice a difference.

      --
      ---- Booth was a patriot ----
    452. Re:Who wants to update?? by MightyYar · · Score: 1

      Actually, "Upgrade" appears on the package for both 10.5 and 10.6.

      I'll take your word for it. But I also know that it (10.5) will install on a blank drive, so it must be marketing-speak.

      You were not coerced into agreeing to a contract post sale

      Again that word... I never claimed to be coerced.

      you were provided ample opportunity to read that EULA pre-sale

      So? They sold it to me without condition.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    453. Re:Who wants to update?? by DM9290 · · Score: 1

      The fact that some EULAs have held up in certain fact situations does not mean all EULA's hold up in every situation, even in the usual situation.

      The DVD which the copyright holder made is an authorized copy. The right to use the software on a computer rises by law from ownership and possession of the authorized copy. If you own the physical DVD then you have rights under copyright law. Including the right to modify the contents in order to get it to work on your computer. Copy it to RAM and the harddrive in order to install it.

      You don't need any license to do those things. And nothing any EULA says can stop that.

      Unless you told the copyright holder you would comply with the EULA prior to purchase then you reserve all your usual rights under copyright law. You don't implicitly surrender any rights on purchase.

      as long as you did nothing to tell the copyright holder that you are agreeing to any license, then the copyright holder can not possibly claim you have a contract with them.

      however, if you lead the copyright holder to believe that you are agreeing to the EULA (perhaps by downloading an update), then the court might find that you were purporting to agree, in which case you are bound by it.

      without a communication, the EULA is as binding as a contract which you signed but didn't deliver to the other party. If the other party never saw it, then there is no meeting of the minds. contracts require a meeting of the minds.

      Since the copyright holder does not know if you clicked 'I agree' (you might be using the DVD as a coaster), then you can not have harmed him unless you violate copyright law, and he has no legal recourse.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    454. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      If you read the material that was available you would realize that there is NO transfer of ownership merely a licensed use. Ignorance of common facts (or the law) is no excuse.

    455. Re:Who wants to update?? by db32 · · Score: 1

      By all means...explain to me how Psystar is using in their own home and not reselling. That is ultimately what drove this decision to start the lockdown process. Also, they are under no obligation to allow Atom processors. It is their product, you can't force them to build it the way you want. By all means...go tell Ford they have to redesign their engines to make sure they all work with Chevy parts.

      And "even if you illegally downloaded it" is total and pure horseshit. If you are using it, then you should have bought it, in which case it is a lost sale. So...because I don't want to pay $60 for a book, I can just go in and copy it all down and take it home? I agree that calling each download a lost sale is some pretty stupid accounting, but the notion that you aren't hurting anyone by downloading instead of buying is idiotic at best. That is the mentality of a leech, and not of anyone who will ever actually produce anything for society.

      --
      The only change I can believe in is what I find in my couch cushions.
    456. Re:Who wants to update?? by DM9290 · · Score: 1

      nonsense. I went to the store last night and I said "Do you sell snow leopard?" the sales person said "yes. Here you go." . I paid money and walked off.

      I own an authorized copy of snow leopard without having relinquished any rights.

      Copyright law explicitly gives me the right to copy the software into a computer system's harddrive and ram as required to execution, as well as the right to make any modifications as long as they are strictly to make the software work on 1 computer, as well as the right to make a backup copy.

      if I sell the DVD I must destroy my copies.

      at no place does copyright law state I must get permission from the copyright holder to do these things.

      By your legal theory, if I melt the DVD I would be committing theft, and likewise Apple (who still owns the DVD) could demand that I return it at will.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    457. Re:Who wants to update?? by Mattsson · · Score: 1

      No, this is a case of deliberately disabling a working feature for the express purpose of forcing you to buy their hardware over another's.

      Of course Apple want you to buy their hardware. Apple is a hardware company and all the software they make have lock-downs and tie-ins whose only purpose is to restrict you to Apple-hardware.
      I agree that Apple should sell licenses of OS X for non-Apple hardware, even though I personally think it's a rather mediocre OS, but as long as they don't they are well within their right to try and make it hard for people to violate their licenses.
      Software companies regularly do this, but they try to make their money on selling the actual software-licenses, not super-expensive hardware-locks.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    458. Re:Who wants to update?? by jamie(really) · · Score: 1

      Simple really. Apple sells hardware that funds software development. If I go into an apple store and buy Leopard, I get it at that price because I have *already* paid for the Mac Computer and the *original* OS. So all OS X software prices are upgrade prices.

      If you install it on a non-mac, then you have not paid the entire cost. It would be like purchasing an Upgrade to windows 7 when you don't have XP or Vista. Installing it is a breach of copyright, plain and simple.

      Now, I am sure that you are one of those people who owns a genuine Mac, from which you have removed OSX and installed Linux on it, and now have a "spare" and fully paid for license of OSX, so in a fair world, you should be able to install it on whatever you want. Unfortunately, you are vastly outnumbered by pirating thieves who just want a $299 Mac. So I its understandable that Apple took action that would prevent these thieves from prospering, even though it affects a small number of technically legitimate users. Sorry about that. But a 13" Mac Book Pro and stop whinging, or install Ubuntu and suck it.

      This is not a sane world. This is a world in which young women get their genitals cut off because of religious beliefs. Not being able to install OSX on a netbook really doesn't get on the radar.

    459. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      I checked Strunk and White, please point out how his grammar is incorrect?

    460. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      1) Your example is pointless: there is no software that demands Windows ME, and therefore no "forced upgrade" for anyone. Use Windows 98 if you need it. Common sense?

      Fine, I'll appease your pickiness. Re-do the example, but with XP instead of Me. Magically, my example works again. Wow, that took a lot of thought. Common sense?

      Besides, at the time in question (1999-2000) the only Windows CD I had was a WinMe cd. How, exactly, was I supposed to use Windows 98 instead? Under those circumstances, the artificial limitations imposed by the WinMe installer could (would, by your own logic) be called nothing more than a decision to force purchases of Microsoft's other software.

      Did you even bother to think about how my example might be applicable, or did you just jump into trolling mode instantly?

      2) There is no "cost cutting" in implementing checks and restrictions against unsupported hardware. Your imaginary phone calls are imaginary. Your common sense fails it again.

      So... you're saying if Microsoft allowed people to install Windows 7 on a 333MHz Pentium II, they'd get exactly zero support calls as a result?

      Your imaginary points are imaginary.

      3) OS X was ridiculously slow in the beginning, and new releases have been better optimised. Any computer that could run 10.2 was better with 10.3, including unsupported ones. Your silly assumptions show that you are, indeed, an Apple apologist.

      As I mentioned before, I don't own any Macs, nor do I intend to, so I can't speak for the relative performance of the various versions. However, it seems obvious to me that performance is not the only factor involved in whether a company wants to officially support some set of hardware.

      I suppose according to the technical definition of the word "apologist", you could call me an Apple "apologist", based on the fact that I'm defending one particular business practice that they happen to engage in; however, given that my comments are not specific to Apple but are general comments regarding older hardware support as it applies to all businesses, I'm more of a "Company X doesn't want to support old hardware" apologist than an apologist for any particular company.

      More to the point, defending $IDEA and then using $COMPANY as an example of that idea does not mean I'm a $COMPANY apologist; it merely means I'm an $IDEA apologist.

      "We don't want to support several year old hardware" seems like a fairly common-sense idea to defend, whether you sell operating systems, games, or accounting software.

    461. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      However, if they just let the installer run on an older, slower machine, they become responsible for all advertised features of the OS working in an acceptable manner.

      Exactly. Because Apple produced the older hardware, if they allow a new version of OSX to install on the older hardware, then they are implicitly agreeing to support the new version of the OS on the old hardware. That may be undesirable both for Apple and for (the majority of) their customers.

    462. Re:Who wants to update?? by kimvette · · Score: 1

      That's even worse because not only do you get only "virtual" mouse buttons, but zero tactile feedback.

      On top of that, Macbook keyboards feel. . . weird. Lenovo's and Dell's higher end notebooks are actually enjoyable to type on.

      I like the OS. I just don't like the hardware.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    463. Re:Who wants to update?? by MrHanky · · Score: 1

      No, your new example fails as well: Windows XP runs fine on 12 years old hardware, and XP runs all modern Windows software just fine. So a Windows computer can have a lifespan of 10 years. OS X 10.3, not quite as old as Windows XP, doesn't have a modern browser. It's pretty much useless on the modern internet. See the difference? A Mac has a shorter lifespan than a PC, and it's intended to be that way.

      As I said: you don't have much common sense. In fact, you're utterly stupid.

    464. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      3) OS X was ridiculously slow in the beginning, and new releases have been better optimised. Any computer that could run 10.2 was better with 10.3, including unsupported ones. Your silly assumptions show that you are, indeed, an Apple apologist.

      I referred a friend of mine to this thread. He uses Macs in a professional environment on a daily basis. He also worked for a long time as a repair technician at an Apple computer vendor. He made the following points:

      - yes, you can force installs on the systems [MrHanky] listed
      - but running 10.4 on my second revision iBook G3 (EVEN BETTER THAN THE ORIGINAL) is a very painful process
      - the G3 chip has limitations on it that just are facts of life; outdated chipsets causing problems, etc.
      - my iBook G3 couldn't play youtube movies in 10.3, nor in 10.4. ESPECIALLY not in 10.4
      - xpostfacto and leopardassist are for the people that want the latest and greatest but have no money. the actual features of the operating system hardly work at all, depending on where your machine lies on the specturm of just barely out of date or years out of date
      - sounds like [MrHanky] doesn't even use macs.

      (quoted with permission) ... So, that's from the mouth of a professional Mac-user with years of experience working with both Mac software and Mac hardware.

      10.4 may work fine for you on your old iBook, but keep in mind that your personal experience does not necessarily reflect the experience of the majority, and you can't use your own limited use to claim that everything works fine (especially when that is demonstrably untrue).

    465. Re:Who wants to update?? by selven · · Score: 1

      I am not hurting anyone by downloading instead of not downloading. If you're going to test if an action is harmful you have to compare it against the neutral option of doing nothing at all, not against doing the best possible thing - otherwise doing anything but giving all your money to charity is hurting your potential beneficiaries.

      As for Psystar, where did I mention Psystar in my post? I was refuting your false dichotomy between allowing both the GPL and EULAs and allowing neither, not commenting on Psystar.

    466. Re:Who wants to update?? by zuperduperman · · Score: 1

      > not giving them your business, or whine, is about all you can do.

      There's one other thing that those of us in technology can do: refuse to develop software for, or to manage or deploy Macs in your business.

      However nice OSX is as an OS, in my view all that nicesess is trumped by the fact in business that you can't legally do simple things like virtualize it on commodity hardware for things like development or testing, or for aggregating applications together to save hardware resources. If I can't trivially run an OS in a virtual machine on *any* hardware I have available in my company then it's a toy and should be tossed out in the trash. Apple needs to hear this message loud and clear if we want things to ever change.

    467. Re:Who wants to update?? by stewbacca · · Score: 1

      To be fair, the entire mouse pad is a clickable button, so there is tactile feedback. There is just no visual separation between left and right button, but clicking in the right half registers as a right-click.

    468. Re:Who wants to update?? by HeronBlademaster · · Score: 1

      Windows XP runs fine on 12 years old hardware

      Why is your definition of "runs fine" more important than mine, or my wife's, or Grandma Smith's, or Microsoft's?

      Furthermore, what exactly do you mean by "runs fine"? Do you mean "it boots"? Do you mean "notepad can start up"? Or do you mean "runs Photoshop CS4 without issues"? Are you referring to stock 12-year-old refurbished Toshibas, or are you referring to machines that were custom-built using expensive top-of-the-line parts?

      I'm calling you out on this - the average machine from 1997 would not be called "usable" by any sane person if it were running XP.

      My Thinkpad (from 1994) was just barely usable running Windows 2000, and that was after I upgraded from 32MB to 64MB of RAM. XP requires a minimum of 512MB RAM; in 1997, 128MB was standard, 256MB was high-end, and 512MB was "top of the line" for consumer hardware.

      You can't seriously be claiming a machine with 128MB or even 256MB of RAM will run XP usably, without issues?

      XP runs all modern Windows software just fine.

      Sure - but not on 12-year-old hardware.

      But, go ahead... try running XP and Crysis on a stock 12 year old computer. I'll even let you disable services to your heart's content in XP, and you can run Crysis on minimum settings. If it's playable, I'll buy you a new computer. (Crysis certainly falls under the umbrella of "all modern Windows software", doesn't it?)

      "Runs fine" for your particular needs does not mean it "runs fine" for the majority of people. Microsoft and Apple (and Adobe and Crytek and...) are not interested in supporting the fringe of the crowd that's too stubborn to upgrade their five year old hardware to run the newest eye candy; they're interested in supporting the majority. It's good business sense.

      A Mac has a shorter lifespan than a PC, and it's intended to be that way.

      With the notable exception of an IBM Thinkpad that survived 1994 through 2002, I have never known anyone that owned a (non-custom-built) Windows computer that survived general everyday use longer than five years.

      On the other hand, I know several people that are happily running five-year-old (or older) Macs.

      So you tell me which are more durable.

      Sure, it's just anecdotal evidence, but it's better than your unsupported assertions.

      I reiterate - I am not an Apple fanboy. I do not intend to buy a Mac; I prefer custom-built PCs running Linux, where possible.

    469. Re:Who wants to update?? by shutdown+-p+now · · Score: 1

      So, those using the GPL have no right to tell me that I can't close their source and resell it like I want.

      I don't think GPL in any way prohibits resale of any GPL'd software that you have. "Close their source" doesn't make sense in this case, because you don't modify it when you resell it - you just resell it as is. There's no new code to "close".

      GPL does, however, restrict sale (or any kind of distribution) of derived works produced from said GPL'd software - and even then it's not GPL that does that, it's copyright law itself, and GPL merely relaxes copyright restrictions under certain conditions.

    470. Re:Who wants to update?? by gmhowell · · Score: 1

      And how many people have the funds to fight to enshrine a Supreme Court precedent? I've recently spent $20,000 to assure my rights according to black letter law. It would surely cost more when dealing with as asymmetrical opponent as Apple.

      Your 'rights' last right up to the point where you can no longer afford to defend them.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    471. Re:Who wants to update?? by bsDaemon · · Score: 1

      I've been posting on slashdot for a long-ass time. Its just sort of a habit at this point, but I can quit whenever I want; I swear!

    472. Re:Who wants to update?? by Valdrax · · Score: 1

      If you don't make money on a product you offer it's your own fault. I can go to a grocery store and buy all the loss leader items in the sales flyer and leave. They lose money. It's still their fault.

      Yes, it is, and their business model has to tolerate that fact because of the nature of their product. Software companies aren't so limited and can come up with licensing agreements that prevent that sort of thing. What people are complaining about is the steps that Apple takes to prevent that from happening. It they didn't take those steps, then people like you could say it's their fault if the company's revenues tanked from not preventing clones. After all, Apple's been burned twice on clones due to not structuring their licensing agreements properly. (See the Laser 128 and the System 7 & 8 clones.)

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    473. Re:Who wants to update?? by rootofevil · · Score: 1

      ok fine

      http://www.amazon.com/Mac-OS-Version-10-5-6-Leopard/dp/B000FK88JK

      its 299 - still half of the quoted 600$

      and a 5 pack is only 304.

      --
      turn up the jukebox and tell me a lie
    474. Re:Who wants to update?? by toddestan · · Score: 1

      That seems like an awfully big change for just going from 10.6.1 to 10.6.2, as I would expect changing the kernel like that will randomly break things, no matter how careful they are about it. I could see that for the move to 10.7.0 though.

    475. Re:Who wants to update?? by toddestan · · Score: 1

      On the other hand, with Apple you will likely have to upgrade at some point to get the bug fixes. You don't really have to upgrade a Microsoft OS because they support them for so long. Anyone who bought a PC in the last 8 years got Windows XP, and is good until 2014 as far as updates are concerned. If I went out and bought a Mac today, it's pretty unlikely that Apple won't be patching the OS that it came with in 2014, because that's the way Apple does things.

    476. Re:Who wants to update?? by dangitman · · Score: 1

      By default you have the right to do whatever you want.

      Absolute bollocks. By default, you have the right to do nothing with it. You need the copyright holder's permission to basically do anything with it, other than a few statutory exceptions.

      So the onus is on you to point to a source that says that copyright law prevents you from using software. I claim that only EULAs restrict you in that way.

      Well, you'd be wrong. The basis of copyright is that the copyright holder (author) has exclusive control over the work. The EULA is what allows you to use it.

      --
      ... and then they built the supercollider.
    477. Re:Who wants to update?? by the_enigma_1983 · · Score: 1

      Actually, "Upgrade" appears on the package for both 10.5 and 10.6.

      I'll take your word for it. But I also know that it (10.5) will install on a blank drive, so it must be marketing-speak.

      A new computer purchased today will quite often be an "upgrade" when compared against a 386 purchased many years ago. That doesn't inherently imply that the 386 is required to run the new computer.

      To compare with MS, Windows upgrades often specifically state that an older version is required, just like many expansion packs for games state "Requires original_game_name to play". The word "upgrade" by itself doesn't always mean that an older version must be present.

      Isn't it possible that the parent has hit the nail on the head here, that the word "upgrade" on the packaging is simply stating that 10.6 is "better" than 10.5 for some meaning of the word "better", without the requirement that 10.5 be already installed?

    478. Re:Who wants to update?? by Capsaicin · · Score: 1

      Incorrect.

      My! Aren't we intrepid.

      As for Carbolic Smoke, it clearly doesn't apply

      Dealing with this first. It was cited to show that you don't need to know the identity of the party with whom you are contracting in order to be bound. All joking aside, what do you mean "it clearly doesn't apply!?" Not only does it show that, it shows that you should have learnt this in your very first contracts lecture!

      The right to run the software is not one of the exclusive rights included in copyright (see 17 USC 106).

      Not contested.

      Furthermore, the right to make copies incidental to executing the software is specifically permitted to the owner of a copy of the software (17 USC 117).

      Indeed under 117(1) "the owner of a copy of a computer program" is allowed to make a copy for "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." Thus images contained on one medium (eg. disk) that are loaded (copied) into another (eg. RAM) do not constitute the making of an infringing copy. As poor as the drafting may be, this at least is the clear intent of the provision.

      I agree, at first glance, this would also appear to permit the purchaser of physical medium containing an OS to install (copy) the OS sans licence. You have to remember, however, the 117 only protects the owner of the copy. And you probably don't have unfettered ownership of it. Have a look at that cardboard box, does it anywhere contain indicating that your use for the product is subject to entering into a licence agreement? Being the careful guy you are, when you bought that box, you of course read that licence agreement. I mean who would hand over their money knowing that use was subject to an agreement without first checking it out, right? ;) Pay especial attention to the first clause!

      This very point of law is currently before the court in Apple v Pystar. However, both you and Pystar face the same problem: there is ample authority suggesting that purchasers of physical media containing software, the use of which is expressed as being subject to licence, are not owners, but mere licencees, and are thus not protected by 117 (eg. Wall Data , MAI Systems , Adobe v Stargate , the last not being about 117 itself, but about the licencee status of purchaser.)

      This, in turn, is the point of law on which MDY will be appealing in MDY v Blizzard. One should of course never second guess a court's decision, but it would be surprising if either MDY or Psystar were able to prevail against what appears to be the established authority. One thing I will predict, however, is that if these cases end as previous authority suggests they will, there will be a howl of idignation from slashdotters who have at best read the statutory provisions, but are otherwise bosltered only by their ignorance of the law surrounding them.

      The shiny plastic disc is a copy of the software (17 USC 101).

      Agreed, but note also under 202 that "Ownership of a copyright ... is distinct from ownership of any material object in which the work is embodied." It would seem a strange result if a specific exception such as 117 were able to be used as a backdoor to undermine this basic principle of copyright law! This is why 117, in speaking of "owner[s] of cop[ies]," confuses matters. It should have been preferred to grant exceptions to lawful users of said computer programs, irregardles of whether they are owners or mere licencees. Which only goes to show that one should never elect a non-lawyer into the legislature! ;)

      Therefore I have the right to run it.

      I feel for you dude! That must have fe

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    479. Re:Who wants to update?? by the_enigma_1983 · · Score: 1

      Just because they sell a product that will let you install it on blank hardware doesn't mean they can't consider it an upgrade for the version that came with your hardware (which you legally bought a license for when you bought the hardware).

      Just because the term "upgrade" is used, doesn't mean it requires the old license. My Pentium was an upgrade when compared to my 386. It had a bigger hard drive, a faster processor, and more RAM. It didn't somehow magically require my 386 to function, it was a complete stand alone system which was better than a 386, and hence an upgrade.

      If they mention on the package that it "requires OSX 10.5" or similar, then I understand. MS does this on upgrade packages. Game expansions almost always state "Original_game_name is required to use this software". If they make this clear, then yes a regular customer could tell that it requires an existing OSX install, but without it all "upgrade" means is that is has better features when compared to an older version.

    480. Re:Who wants to update?? by omnichad · · Score: 1

      So why can't a tomato come with an EULA? Seems a logical enough extension. Why is it only for software? Say food is not Intellectual Property? Tell that to Monsanto.

    481. Re:Who wants to update?? by Capsaicin · · Score: 1

      I beg your pardon. s/irregardles/irrespective/

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    482. Re:Who wants to update?? by sg_oneill · · Score: 1

      What exactly is "antitrust" about trying to prevent people breaching their software licences? Theres already a court case about this exact issue, and apple has so far been found perfectly within its rights to not just technologically prevent it, but actually go after people who do it. The ethics and business sense can be debated till the cows come home (Although you would know from history that last time apple let third party people make generic pcs to run macos on, it was a big money loser for apple) but the law seems pretty clear on this one.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    483. Re:Who wants to update?? by Valdrax · · Score: 1

      So why can't a tomato come with an EULA? Seems a logical enough extension.

      It could, in theory, but I think you need to read up on the difference between perfect competition and imperfect competition if you think that that could ever happen. Only one company makes Mac OS X; they can set the rules.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    484. Re:Who wants to update?? by Hal_Porter · · Score: 1

      You're ignoring the development costs. At the moment Apple makes hundreds of dollars selling a bundle of hardware and software. They can reinvest all of that in development. If they sold OSX as just software they'd make less than this. OEM Windows goes for about $50 and OEM XP on a netbook goes for about $15.

      Apple employs thousands of people. It's absurd to claim that switching from hundreds of dollars revenue per OSX user to $15-$50 is not going to affect their ability to do that. Especially if making OSX available on commodity hardware causes people to use that hardware instead of the more expensive Apple branded stuff.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    485. Re:Who wants to update?? by selven · · Score: 1

      I'm not talking about copyright law. I'm talking about law in general. The law does not forbid dancing in circles with a bunny hat on your head, therefore you can dance in circles with a bunny hat on your head.

      As for EULAs, are you suggesting that if I buy a book, I don't have a right to read it because I didn't agree to a license to do so? And how the heck does license-free software work then?

    486. Re:Who wants to update?? by dylan_- · · Score: 1

      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;

      Too long and easy to read ;-) Plus, nasm isn't installed by default on some distros (like Ubuntu). You can get it shorter if you use the GNU assembler:

      echo -e '.globl _start\n_start:\nmov $2,%ax\nint $128\njmp _start'|as - -o a;ld a -o l

      (I assume you're leaving ;./l off the end to be nice to the copy/paste crowd)

      This should work . I don't have a machine I can test it on at the moment though.

      Actually, if you don't mind an warning message, I think you can get away with:

      echo -e 'a:\nmov $2,%ax\nint $128\njmp a'|as - -o a;ld a -o l

      Using %ax, rather than %eax, because I think that's all you need and it saves a character and using $128 rather than $0x80, again for the same reason. Using "a" and "l" for the filenames, just so I can end with AOL :-)

      What do you think?

      --
      Igor Presnyakov stole my hat
    487. Re:Who wants to update?? by 16K+Ram+Pack · · Score: 1

      "It's like going to the restaurant of an hotel where guests have to pay less and telling them that you are a guess to get a discount, when in fact you aren't. How do you call that?"

      Well, that's deliberately dishonest. Unless Apple explicitly ask someone if they already own a Mac, it's not dishonest. I could be buying that software to bury in a time capsule or use it to prop up a table that's wonky.

      Whether it's printer ink or software licenses, manufacturers can go jump in a lake if they think I'm going to just play along with their business models. If Apple don't want me to buy a Mac OSX license for £25 they can refuse to sell it to me at that price.

    488. Re:Who wants to update?? by Sandbags · · Score: 1

      accepting that the SOFTWARE REQUIREMENTS clearly state "Mac copmputer with intel Processor" clearly indicates the existinace of a prior OEM license.

      the 10.6 package actually does indicate 10.5 already be in existance as well as there is no 10.4 to 10.6 migration path using the 10.6 boxed product at $29 (you must buy the Mac Boxed Set at $169, which also clearly indicates it is intended only to upgrade 10.3 or 10.4).

      This is clear text on the outside of the box, further clarified by references to apple.com for more detailed system requirements and their EULA full text.

      This is considdered FULL legal disclosure pre-sale. It has been argued, and upheld in court, numerous times, for Apple and all other software vendors since back in the 80s when software retail packaging statrted becoming popular, when software could be bought without talking to a sales rep first.

      --
      There is no contest in life for which the unprepared have the advantage.
    489. Re:Who wants to update?? by Hal_Porter · · Score: 1

      I don't have a Linux box to test on these days but it's always truck me you should be able to do something like this

      global _start
      _start:
      xor eax,eax
      mov al,2
      int 80h
      jmp short _start

      This is a bit more compact than the version I gave, only 4 bytes to set eax to 0x02, and only 2 to loop. I think it's unsafe to leave junk in the high bytes of eax, so I'd avoid just a mov ax, 0x02

      It turns into these 8 bytes of code

      global _start
        _start:
      31C0 xor eax,eax
      B002 mov al,2
      CD80 int 80h
      EBF8 jmp short _start

      Now of course I could just write the bytes out as dd constants

      dd 0x02b0c031, 0xf8eb80cd

      The reason I don't use it is because that will probably end up in the data segment. I need something like SECTION .text to make it work. Then I'd have space on the end of the signature for ;./a

      Still I don't want to change it without testing since that might compromise end user experience.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    490. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Anyone who bought a PC in the last 8 years got Windows XP, and is good until 2014 as far as updates are concerned.

      Wrong. Premium (i.e. pay) support is available on XP until 2014. Standard support will stop much sooner than that.

    491. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      You misperceive the MacOS business model because it's not secured like the most common OS but like a high end vertical app. MacOS is dongle-protected software, where the Macintosh computer is the dongle. Apple makes its money on selling you the software up front and making it appear that the dongle is the majority of the cost. It allows them to deliver a product that's not perceived to be as overpriced as other software because they bundle hardware with a high variable cost with the software's low variable cost, and can also add in part of their their fixed development/marketing costs. Those fixed costs have to be paid sometime but there will always be people who whine whether they have to pay them up front or on layaway.

      The smarter people instead are OK with paying fixed costs if it's constructive, and have a problem when it goes into payola, hookers, blow, congressmen (do I repeat myself?), exorbitant executive salaries, etc.

    492. Re:Who wants to update?? by Anonymous Coward · · Score: 0

      Take your pick: you can either have the law trying to fuck you or corporations trying to fuck you.

      But for an increasing number of ISVs, it seems that we're getting fucked both ways. The only difference is that ISVs use no lube, and the law uses coarse metal shavings for lube.

      - T

    493. Re:Who wants to update?? by dylan_- · · Score: 1

      Well, I was aiming for the shortest .sig rather than the smallest executable, but that might be a fun exercise too. When I get back to my Linux machine I'll have a go at that.

      And of course testing is essential; you wouldn't want bug reports from your users... ;-)

      --
      Igor Presnyakov stole my hat
    494. Re:Who wants to update?? by Uberbah · · Score: 1

      The software you bought was an upgrade.

      If the software in question doesn't require a previous copy to be installed - then it's not an upgrade.

      IF and when apple chooses to offer FULLVERSION retail copies of OS X

      They have for a long time. Any more questions?

      Apple has made the requirement of an existing Mac a CLEAR part of the system requirements on the box

      Irrelevant as that's not a contract. If you paid for a copy and the box said "Sandbags owes free blow jobs to Jobs", would you do it?

    495. Re:Who wants to update?? by Uberbah · · Score: 1

      That is absolutely correct.

      Uh, no. The copyright holder has exclusive rights over making copies of a product, not in how copies are used.

    496. Re:Who wants to update?? by Capsaicin · · Score: 1

      Uh, no. The copyright holder has exclusive rights over making copies of a product, not in how copies are used.

      Yes it is absolutely correct that the copyright holder has exclusive rights and that if you infringe those rights which are exclusive the the copyright holder you are liable to be sued. Where did the "how copies are used" come from?!

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    497. Re:Who wants to update?? by Uberbah · · Score: 1

      Where did the "how copies are used" come from?!

      Obviously, the part of the parent's post that you were emphatically agreeing to, obviously:

      Without any agreement otherwise, the copyright holder has exclusive rights over the product. If you don't make an agreement, or violate the license, you get sued for copyright infringement just as you do with copies of unauthorized copies of DVDs.

    498. Re:Who wants to update?? by Capsaicin · · Score: 1

      Obviously, the part of the parent's post that you were emphatically agreeing to, obviously:

      Not obvious at all! Could you repost and put a em tag on the "how copies are used" (or whatever you think implies it), because I simply cannot see it.

      If there is actually some point you are trying to make here, you are failing to communicate it. Explicit is better than implicit.

      If I was going to be persnickety I'd point at that that copyright holder retains their exclusive rights, even if an licence exists, they just allow you to excercise them too (or promise not to sue if you do). And that you don't necessarily get sued, you are just liable. I also pointed out later that the post was probably incorrect as far as DVDs go, but apart from the what you quote would seem to reflect the law as it is practised in relation to software licensing.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    499. Re:Who wants to update?? by Uberbah · · Score: 1

      Not obvious at all! Could you repost and put a em tag on the "how copies are used" (or whatever you think implies it), because I simply cannot see it.

      Sure thing:

      Without any agreement otherwise, the copyright holder has exclusive rights over the product. If you don't make an agreement, or violate the license, you get sued for copyright infringement just as you do with copies of unauthorized copies of DVDs.

      If you are beholden to the EULA than the software publisher has ultimate control over "how copies are used". If you want further evidence that EULA's are unenforceable, remember Windows Refund Day? Computer users asked Microsoft for a refund of unwanted Windows installations, as specified under the EULA. Microsoft ignored them.

    500. Re:Who wants to update?? by Capsaicin · · Score: 1

      If you are beholden to the EULA than the software publisher has ultimate control over "how copies are used".

      Yes but this control arises out of you agreement to be bound by the terms of the contract, not from the exclusive rights arisiong out of copyright.

      If you want further evidence that EULA's are unenforceable ...

      EULA's are enforcable.

      ... remember Windows Refund Day? Computer users asked Microsoft for a refund of unwanted Windows installations, as specified under the EULA. Microsoft ignored them.

      That's too silly for words, really. For a start how could "something specified under the EULA" be enforcable if the parties didn't reach agreement in relation to the EULA? Secondly, even if you have a right, how does the other party "ignoring" you prove your right is "unenforcable"?

      When you read this comment and the cases cited therein, you will begin to see the licence agreements for software are not only enforcable, but are regarded as the norm. I'm outta here.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    501. Re:Who wants to update?? by robertrydberg · · Score: 1

      Hal, The points that I made were: netbooks are not in competition with any of the Apple products. Apple Macbooks are way beyond what an Atom CPU can deliver. Second, I suggested that the HW makers support Mac OS on their machines, not Apple. Some support to the manufacturers should still be available from Apple which, after all, would be making money out of the licensing deal and could use some of it for support. After all, Microsoft does not support every conceivable Windows box. In fact, it doesn't support any of them. You buy a Dell and you have problems, you call Dell, not Microsoft. As a business model, there is no arguing that it has been successful. I don't see any reason why it shouldn't work for Apple in a smaller market.

    502. Re:Who wants to update?? by the_enigma_1983 · · Score: 1

      accepting that the SOFTWARE REQUIREMENTS clearly state "Mac copmputer with intel Processor" clearly indicates the existinace of a prior OEM license.

      Actually, that only indicates the existence of a Mac computer. I don't know of any clear cut definitions, but if I was looking to purchase an operating system, I would assume that the "computer" requirement only means hardware.

      the 10.6 package actually does indicate 10.5 already be in existance as well as there is no 10.4 to 10.6 migration path using the 10.6 boxed product at $29 (you must buy the Mac Boxed Set at $169, which also clearly indicates it is intended only to upgrade 10.3 or 10.4).

      Can you show me where it "indicates" this? Last time I checked, I could not see any noticable markings on the package that indicate that 10.5 is required, nor that 10.4 would not be sufficient. Actually, I couldn't find any specific instruction on the package that states anything about requiring a version of OSX.

      This is clear text on the outside of the box, further clarified by references to apple.com for more detailed system requirements and their EULA full text.

      This is considdered FULL legal disclosure pre-sale. It has been argued, and upheld in court, numerous times, for Apple and all other software vendors since back in the 80s when software retail packaging statrted becoming popular, when software could be bought without talking to a sales rep first.

      EULAs have been enforced in some specific instances. They have been declared non-binding in other instances. There has not yet, afaik, been an all encompassing decision made, that makes all EULAs either binding nor non-binding.

      Additionally, what encompasses agreement of the EULA? I know many state "if you do not agree, then return the product", but what if I don't bother reading it. What if I see a big wall of text, then manipulate my software (the software I purchased) to remove said wall-of-text. Now I just see a blank box, which I agree to. What now?

    503. Re:Who wants to update?? by Sandbags · · Score: 1

      accepting that the SOFTWARE REQUIREMENTS clearly state "Mac copmputer with intel Processor" clearly indicates the existinace of a prior OEM license.

      Actually, that only indicates the existence of a Mac computer. I don't know of any clear cut definitions, but if I was looking to purchase an operating system, I would assume that the "computer" requirement only means hardware.

      the 10.6 package actually does indicate 10.5 already be in existance as well as there is no 10.4 to 10.6 migration path using the 10.6 boxed product at $29 (you must buy the Mac Boxed Set at $169, which also clearly indicates it is intended only to upgrade 10.3 or 10.4).

      Can you show me where it "indicates" this? Last time I checked, I could not see any noticable markings on the package that indicate that 10.5 is required, nor that 10.4 would not be sufficient. Actually, I couldn't find any specific instruction on the package that states anything about requiring a version of OSX.

      This is clear text on the outside of the box, further clarified by references to apple.com for more detailed system requirements and their EULA full text.

      This is considdered FULL legal disclosure pre-sale. It has been argued, and upheld in court, numerous times, for Apple and all other software vendors since back in the 80s when software retail packaging statrted becoming popular, when software could be bought without talking to a sales rep first.

      EULAs have been enforced in some specific instances. They have been declared non-binding in other instances. There has not yet, afaik, been an all encompassing decision made, that makes all EULAs either binding nor non-binding.

      Additionally, what encompasses agreement of the EULA? I know many state "if you do not agree, then return the product", but what if I don't bother reading it. What if I see a big wall of text, then manipulate my software (the software I purchased) to remove said wall-of-text. Now I just see a blank box, which I agree to. What now?

      Ok, taken in series:
      1) "MAC COMPUTER" as a requirement is a specific. Software packaging does NOT list "requires a PC" since THAT would be assumed. by stating the brand, its a specific requirement. Anyone who has existing mac hardware would understand this and courts have PREVIOUSLY ruled this is accepted common knowledge within the consumer segment associated with the Apple OS (this is old hat already).

      2) From the package "Snow Leopard is an upgrade for Leopard users and requires a Mac with an Intel processor."

      3) There is binding law indicating that an EULA in and of itself IS binding, however, seperate clauses within them have been thrown out by state or federal appelate law. The fact that you are in fact bound by any clauses in an EULA that you do not otherwise legally challenge is as legally binding as the clauses in a real-estate lease agreement.

      4) explain how to legally manipulate the installer application that exists on read only media in such a way to avoid seeing the EULA text that would not be upheld in court as a specific action to avoid such, especially including that the package also includes language on it indicating the existance of such an EULA and additionl information HOW TO FIND IT, so either way, you were givin the opportunity for incformed concent. your choices or actions to avoid reading it do not make it non-binding, sorry. Per the EULA (and varios coupyrite laws) it is not "your software" to manipulate either, it is simply your LICENSE to use it for all things legal to do so per your state laws and the context of the EULA. You own the disk, not the applications on it, and that has repeatedly been upheld by law and courts. You have no argument. Everyone entering a courtroom who has ever presented that argument has lost, with the rare exceptions of abusive policy in the EULA that has violated state or local laws (and those clauses are removed by seperation

      --
      There is no contest in life for which the unprepared have the advantage.
    504. Re:Who wants to update?? by Hatta · · Score: 1

      Starbucks isn't going to change their roast recipe because my wife finds their coffee too strong

      It's not too strong, it's burnt.

      --
      Give me Classic Slashdot or give me death!
    505. Re:Who wants to update?? by db32 · · Score: 1

      Ok. Fine, then once you download it you also do nothing with it. However, if you download it and use it, then you are violating the copyright and are depriving the owner of a sale and causing harm. Your justification for taking what you want without paying for it is pathetic.

      --
      The only change I can believe in is what I find in my couch cushions.
    506. Re:Who wants to update?? by selven · · Score: 1

      I'm depriving the owner of a sale regardless of whether or not I use it. The consequences to the owner are exactly the same regardless of whether or not I use it. The owner's situation does not change based on how I benefit (unless the owner's a sadist).

    507. Re:Who wants to update?? by toddestan · · Score: 1

      Standard support is general bug fixes, and updates to fix things like DST changes. That ends sooner, but the extended support phase, which includes security patches, goes all the way to 2014 for Windows XP. So yes, Microsoft will keep you secure for that long.

      After that, you will have to pay for patches. I'm not aware of any set end date for the paid support. Probably depends on how deep your pockets are.

    508. Re:Who wants to update?? by db32 · · Score: 1

      I thought it restricts it. If I sell GPL based stuff I have to make the source available. I don't think I can take Apache, compile it, call it Comanche and sell it while not providing the source. This would still be about enforcing GPL as a license rather than simply copyright. The Cisco/Linksys thing and that train software issue have touched on aspects of these issues.

      There is a combination of licensing and contract law that ultimately protects Apple in this case. The EULAs that are total garbage are the ones that display AFTER the sale. The notion is that contract law says all the terms are agreed upon and finalized at the time of sale. You can't add stuff after the transaction. However, Apple makes it very clear *before* the sale that in order to use that product you must be using it on Apple hardware. The hilarious piece here is that people say they aren't allowed to do that, when they absolutely are. Further, they are also allowed to set the price and develop their product how they want. They could start treating their customers like crap with serial keys, activations, hardware checks, and other such to enforce it, but they don't. Even in the face of a bunch of brats with entitlement complexes, they haven't done it yet. That sets them apart from MS in a BIG way. If they want to cut support for Atom, they can, it is their software, the notion that it is somehow illegal or wrong is mindbogglingly stupid. They can also set the price. So if a bunch of fools manage to force Apples hand to support everything they can simply raise the price to unreasonably high levels and make the software upgrades free as part of Apple care that must be registered to specific qualifying hardware. This will also destroy a great deal of stability in the marketplace and producers will simply say "fuck off" and go elsewhere to avoid that kind of irrational treatment. Hope no one wanted jobs to pay for the software...of course...I suspect most of them will just download it and not pay anyways while using even more assinine entitlement justifications like the other responder to my original post.

      --
      The only change I can believe in is what I find in my couch cushions.
    509. Re:Who wants to update?? by Anarchduke · · Score: 1

      The Apple upgrade for users with a currently installed copy of OSX Leopard.

      If you have an Intel based mac that doesn't have Leopard installed, you can purchase The Box Set to install on your computerfor 169.99

      You can also find The Box Set for 35 dollars cheaper on Amazon.com

      Thus, Apple does sell full copies of Snow Leopard, which Psystar utilizes for their machines.

      --
      who prays for Satan? Who in 18 centuries has had the humanity to pray for the 1 sinner that needed it most? ~Mark Twain
    510. Re:Who wants to update?? by mini+me · · Score: 1

      It is an upgrade as far as pricing goes. You can install Windows 7 Upgrade on any system you wish as well, but that doesn't mean it is within the spirit of the licence Microsoft gave you.

    511. Re:Who wants to update?? by mini+me · · Score: 1

      If they mention on the package that it "requires OSX 10.5" or similar, then I understand.

      OS X upgrade-priced discs have always been quite clear that they require Apple branded hardware. Assuming you comply to those terms, it is impossible for you to install the software without also having previously purchased a full-priced copy of MacOS (hint: it was hidden in the price of the hardware).

      This is exactly the same thing that Microsoft does with all of their upgrade packages. The only difference is the authentication mechanism.

    512. Re:Who wants to update?? by stewbacca · · Score: 1

      The huge difference being Microsoft sells "upgrade" disks that only work if there is a previous, legitimate version to uprgrade form already installed on the computer. They also sell "full" versions at a higher price. Apple only has one price and one version (Full version for $129 usually)

    513. Re:Who wants to update?? by mini+me · · Score: 1

      I fail to understand your argument:

      1. OS X upgrade discs may only be installed on systems with a valid license for a previous version of the system.

      2. Windows upgrade discs may only be installed on systems with a valid license for a previous version of the system.

      To further address your argument, Apple does, in fact, sell a "full" version at a higher price. I am sure you are familiar with the statement "Macs are more expensive than PCs." But have you considered why Macs are more expensive? OS X is a big part of that additional cost.

      Remember: Full and upgrade pricing is a matter of licenses, not software locks.

      With that said, if you want to talk about software locks, the vast majority of PCs will not run OS X out of the box. It is called a Hackintosh for a reason. If someone found a way to remove the upgrade check in a Windows install, should we consider the reduced-price copy of Windows the full version?

    514. Re:Who wants to update?? by stewbacca · · Score: 1

      Sorry, but you are simply wrong. There is no difference, either in content or price, between a full or upgrade version of MacOSX. Perhaps you are cherry-picking your argument and using the OSX server licensing scheme? There simply aren't two versions--there's just OSX that will install on any blank hard drive.

        There is only one version at one price, (well, there's a family pack but that's a different licensing issue). Furthermore, UNLIKE OSX (and here's my argument), if you buy the Windows "upgrade" version, it physically won't install without a previous version of the OS installed. There is no such thing with OSX. You can queue up the , "yeah, but you have to buy a Mac for it to work argument" now, but that still doesn't invalidate my argument.

    515. Re:Who wants to update?? by Uberbah · · Score: 1

      Yes but this control arises out of you agreement to be bound by the terms of the contract, not from the exclusive rights arisiong out of copyright.

      EUlA's are not contracts.
      EUlA's are not contracts.
      EUlA's are not contracts.

      /bart simpson. Unless both parties are free to change the terms of an agreement before money changes hands, it's not a contract. End of story - especially when retailers refuse returns on opened software. Otherwise, there's nothing to stop software companies from writing clauses stating that you owe them 10% of your annual salary.

      That's too silly for words, really. For a start how could "something specified under the EULA" be enforcable if the parties didn't reach agreement in relation to the EULA? Secondly, even if you have a right, how does the other party "ignoring" you prove your right is "unenforcable"?

      If by "silly" you mean "you're going to ignore facts that are inconvenient to your storyline", then yes. If EULA's are enforceable contracts, then Microsoft was contractually obligated to refund the cost of Windows. What part of this is so hard to understand?

  2. Apple's target market isn't going hackintosh... by argent · · Score: 4, Insightful

    Apple's target market aren't going to put up with the kinds of shenanigans it takes to get a hackintosh running, whether or not they pull this kind of stuff.

    1. Re:Apple's target market isn't going hackintosh... by ranson · · Score: 1

      Apple's target market aren't going to put up with the kinds of shenanigans it takes to get a hackintosh running, whether or not they pull this kind of stuff.

      Actually some of them work with Snow Leopard almost right out of the box. The Dell Mini 10v comes to mind.

    2. Re:Apple's target market isn't going hackintosh... by argent · · Score: 2, Insightful

      Actually some of them work with Snow Leopard almost right out of the box.

      "almost"

      And audio on Linux is "almost" painless these days, isn't it?

      Apple's target market aren't going to put up with "almost". I've gotten tired of dealing with "almost" myself.

    3. Re:Apple's target market isn't going hackintosh... by Jesus_666 · · Score: 1

      Actually I am a Mac user and briefly pondered installing it on my beige box for fun. Then I noticed that my hardware wasn't likely to be compatible and dropped the thought. If I want an OS X desktop I'll wait until I have the spare money to get me a Mac mini.

      Installing OS X shouldn't involve work or thinking.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    4. Re:Apple's target market isn't going hackintosh... by Anonymous Coward · · Score: 0

      Will they accept a mobile device that almost plays Flash movies?

    5. Re:Apple's target market isn't going hackintosh... by Anonymous Coward · · Score: 0

      "Apple's target market aren't going to put up with "almost". I've gotten tired of dealing with "almost" myself."

      Bingo. In that regard Linux and Windows are about the same on the desktop. Almost there. I have been using Macs for 2 or so years. Installed Win7 on parallels in my macbook last night. Spent 2 hours trying to get my laser printer which Microsoft says is supported on Win7. I finally gave up and installed PDF995 I can print from the OS X side just fine. Took less than 5min on the mac to install.

      Apple's success is it generally "just works". Is it perfect no. But I spend far less time maintaining the computer than I do using it.

    6. Re:Apple's target market isn't going hackintosh... by rho · · Score: 2, Interesting

      I've gotten tired of dealing with "almost" myself.

      This.

      Every few weeks I think I want to try to put OS X on my netbook. I start reading the various how-tos, and they all look hideous. Dozens of links to dozens of forums, each one providing a tiny piece of the puzzle and execrably spelled.

      Then once you get out the other end of this nightmare you have a netbook with no (or bad) power management and probably no sound. Oh, and you have to troll eBay for a wireless card to replace the included one.

      No thanks.

      --
      Potato chips are a by-yourself food.
    7. Re:Apple's target market isn't going hackintosh... by Anonymous Coward · · Score: 0

      That's the point. Its high time they expand their target market.

    8. Re:Apple's target market isn't going hackintosh... by argent · · Score: 1

      Actually, I agree. I don't like Apple's hardware and I really want to run OS X on a Thinkpad. But I don't want to run Windows on one.

      I have a Windows box at home, for the few programs (mostly games) I can't run on OS X. I call it my "wintendo". Don't sue me.

  3. Re:Good, go ahead and do that by sbeckstead · · Score: 0, Offtopic

    Good go away and shut up!

  4. Upcoming Apple netbook by Gothmolly · · Score: 1

    So basically Apple is saying "wait a few months, and we're releasing a netbook" ?

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Upcoming Apple netbook by jeffb+(2.718) · · Score: 1

      Yeah, I wondered about that, too. They might be trying to preemptively throttle competition. But based on past performance, I'm thinking that this is probably just routine dickery.

  5. Buying The License... by Anonymous Coward · · Score: 0

    Does that include the $500 for the logo?

    1. Re:Buying The License... by Ethanol-fueled · · Score: 1

      According to this Article, the latest version of OSX would cost $545 American dollars based on the cost of upgrading from Jaguar to Leopard (adding the additional 29 bucks for Snow Leopard).

      A fully-featured standalone OSX release should be around $300 to be competitive. That would kill Win Se7en.

    2. Re:Buying The License... by sbeckstead · · Score: 1

      No genius, it's ~$129 for the full OS including the complete tool chain used to create software on the system. Windows 7 can't touch it for price and bang for the buck!

    3. Re:Buying The License... by SpeedyDX · · Score: 1

      Claims like this have been answered many times over. Just because Snow Leopard and Jaguar share the OS X prefix, it doesn't mean they are the same OS in the sense that XP SP1 and XP SP3 are the same OS. We're not just talking about the number of advancements or features introduced in between, rather, computers that shipped with Jaguar cannot run Snow Leopard and vice versa. They run on entirely different architectures (PPC vs x86). So no, there isn't this single release of "OS X" that costs $500+++.

    4. Re:Buying The License... by aussie_a · · Score: 1

      Except you also have to pay an additional $1100 to use it without breaking their EULA.

    5. Re:Buying The License... by Jeremy+Erwin · · Score: 1

      Intel Macs can't run 10.2 or 10.3. Powermacs can't run 10.6, and a 10.2 era powermac would probably struggle with 10.5

    6. Re:Buying The License... by kill-1 · · Score: 1

      Why? You can get Windows 7 Professional for $139 and Visual Studio Express for free.

    7. Re:Buying The License... by sbeckstead · · Score: 1

      Uh yeah, same with Win 7! Gotta buy at least a minimum PC at about $600 bucks the same price as a Mac Mini genius!

    8. Re:Buying The License... by sbeckstead · · Score: 1

      Try developing something with Visual Studio Express. In the license you are limited what you can develop and you can't use any 3rd party libraries. You also can't develop for Win Mobile with the express versions. There are free Dev environments for Windows but that Visual Studio Express isn't viable for professional development the FULL tool chain that comes with Mac OS X is.

      Windows 7 Professional $149.99 + Free Shipping. is the cheapest I can find it?

    9. Re:Buying The License... by mini+me · · Score: 1

      I believe you are off on your price considerations. $129 only gets you an upgrade copy, roughly the same as what Microsoft charges for a Windows upgrade.

      Yes, I know, unlike Windows it does not check to make sure it is an upgrade. But, like Windows, the license restricts its use to those who have already purchased the "full version." It is upgrade pricing. While only Apple knows for sure, I think we can assume that "full versions" of OS X are closer to that of Windows, if not more.

    10. Re:Buying The License... by prockcore · · Score: 1

      That's not true at all. You can't use plugins with VSE, but you can certainly use 3rd party libraries.

      Plus if you use C#, you can do pretty much anything in VSE, including making games using XNA.

    11. Re:Buying The License... by Rebelgecko · · Score: 1

      Sorry if I'm being dense, but why not buy Snow Leopard by itself? ($29)

      Even if you don't want to break the terms of the license (the $29 disk is supposed to be an upgrade disk for those who already have Leopard, but it works off of the honor system), you can buy it legitimately in the mac box set (something like $150, but it still comes with some other software).
      Either way, you still come in way under that $545 figure. Moreover, each OSX release isn't like an expansion pack- they are standalone; you don't need to go back and buy every release from the last 9 years.
      I'm not sure where the competitive aspect comes in- I'll assume you're referring to people switching to macs from something else. If so, the computer they get will come with Snow Leopard anyways. No upgrading to OSXEXTREMEPROULTIMATE version. The only possible cost would be future upgrades (optional, obviously) or the server version of the OS, which I doubt most end-users want/need.
      If you're referring to Hackintoshes, Apple doesn't really want to compete in that market, since they make most of their money off of selling hardware.

      --
      CATS/Diebold '08- All your vote are belong to us!
    12. Re:Buying The License... by kill-1 · · Score: 1

      Windows 7 Professional $149.99 + Free Shipping. is the cheapest I can find it?

      Newegg has it for $139.99.

    13. Re:Buying The License... by sbeckstead · · Score: 1

      I stand corrected, it is 3rd party plug-ins. I believe you will find that there are indeed limitations to what you can do. Even in the full version of Visual Studio you are forbidden to write word processing applications. It's in the EULA you should read it sometime.

    14. Re:Buying The License... by he-sk · · Score: 1

      Does the Snow Leopard upgrade really sell for $129 in the US?

      Because it's just 9 € in Germany. Full retail costs 29 €.

      --
      Free Manning, jail Obama.
    15. Re:Buying The License... by Anonymous Coward · · Score: 0

      Erm... not flaming, but where did you get that figure?

      OS X 10.6 "UPGRADE" for 10.5 users is $29 (In USA i think) it was £29 for me here in the UK, that "Upgrade" disk is actually a full copy, you can completely reinstall from it without having to go near the 10.5 disk, theres even a little controversy over the fact that 10.4 users should really buy the $169 "Mac box set" to be legit, that box set comes with full working complete iLife and iWork suites which cost $79 EACH when bought individually, but people have been purchasing the Upgrade version for $29 and using that to update their 10.4 system without a hitch. Every other new version of OSX before 10.6 has usually been released for around $80-$99, so I ask again, where do you get your info that its $129 for an upgrade version and that it is even more for a full version?

    16. Re:Buying The License... by gyrogeerloose · · Score: 1

      a 10.2 era powermac would probably struggle with 10.5

      Not really. I'm running OS X 10.5.x on a first generation PPC G4 Mac mini and it does okay. Not that it's exactly speedy or anything but I couldn't say that about it even on the day it came out.

      --
      This ain't rocket surgery.
    17. Re:Buying The License... by grapeape · · Score: 1

      Really? I paid under $500 for my mini...and under $1000 after tax for my macbook...you must be shopping at the wrong apple store.

    18. Re:Buying The License... by Jeremy+Erwin · · Score: 1

      Well, I've got a PowerMac G4/1.25 GHz. The last time I used it was a month ago, booted into OS9, of all things. Its power supply is a bit flaky-- a loose cable perhaps, which probably will turn into something much worse if not fixed. Right now, it can only stay on if the case is open...

      And the original G4 Software Install Disc is 10.2.7.

      It can run OSX 10.5-- even with transparent menu bars, because the video card's been upgraded. But Time Machine tends to occupy an inordinate amount of cpu time on a single core G4.

      By the, way, the Mac Mini G4 came out in 2005-- with Mac OSX 10.3.7

  6. I don't see why they would license it by matty619 · · Score: 2, Insightful

    Apple makes their bread and butter selling an image in an environment of artificial scarcity. A large percentage of Mac users do so just because Windows has become so pedestrian. Apple knows this....and capitalizes on it. As soon as you can get OS X on a $300 notebook, you've lost a percentage of the apple crowd who buy Mac just for exclusivity of it all.

    1. Re:I don't see why they would license it by BitZtream · · Score: 4, Insightful

      No one buys a Mac because its exclusive. Its not, they don't produce too few for market demand any more than Nintendo does.

      The idea that people buy Apple software because its 'rare' is just silly, if that were the reason their market existed, then people wouldn't be trying to run OSX on generic hardware.

      People LIKE OS X when they use it on a Mac. Having ran OS X on a PC, I stopped, why? Its not worth the effort. I have a job, I make money, I can just buy a Mac and have things work if I want to. Windows supports my Dell, OS X does not, its fine if you want to hack it up because you enjoy doing that, thats not what you're claiming.

      Unfortunately, as I've said, what you are claiming is false. You can walk into BestBuy and buy pretty much any Mac you want, no scarcity. You can buy from multiple stores and multiple websites, including Apples own.

      There may be some Apple arrogance with the 'haha you run Windows', that is true, but of course pretty much anyone you are referencing falls into that category. They aren't running it because they've got a trendy mac, they're running it because they prefer it over Windows.

      Get a dose of reality and a cluepon please.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:I don't see why they would license it by jawtheshark · · Score: 2, Informative

      You know, you're kind of right. I type this on a Atom 330 (4Gig RAM). The machine sucks. I bought it to play around with, but instead it replaced my P-IV 2.6GHz Hyperthreaded machine with 2Gig RAM. The replacement was accidental. I bought the Atom to play around with, when the P-IV blew its caps after six years of faithful service. Having nothing other, I reconverted my "plaything" (Atom 330) to my desktop.

      The machine is sub-par.... slow and I have dumpster diven machines that are better than it. The Atom is not worth its money. It might be because I run Linux (Ubuntu 9.10, by now), but if people really think Atom powered laptops are enough, they are mistaken. I have an original Asus EEE 701, and it fares better than the crap I type on now.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    3. Re:I don't see why they would license it by Schnoogs · · Score: 0, Funny

      Could you be any more in denial? Care to explain then why people will spend 2K on a MacBook that has the same hardware as a 1K Dell???

    4. Re:I don't see why they would license it by matty619 · · Score: 2, Informative

      I didn't mean that the machines themselves are scarce, but the choice of machines are quite limited. If you were to compare the hardware available to legally run ANY other desktop OS, you'll find that the hardware offerings for OSX are quite scare indeed. Artificially so even.

      Anyhow, lets take a deep breath together. We're just talking about a computer here....I really didn't mean to get you all worked up about it, but the fact of the matter is, there is a scarcity of choice, I'm quite surprised you thought I meant that the actual hardware itself was difficult to find. That would be a pretty silly argument wouldn't it?

      But the fact that if you want to run OSX, you have to buy an expensive mac book is definitely an influencing factor in many people's computer purchasing decisions. And if you're going to stick by your argument that "no one" buys something based on these factors....well I guess you're free to believe what you want.

    5. Re:I don't see why they would license it by beej · · Score: 1

      I think the parent poster wasn't quite clear when he said "scarcity". It's not so much that they're rare or hard to find--they just only run on Apple hardware, which is a small percentage of hardware out there.

      And you are right that making OSX run on hardware it doesn't support (e.g. most of the PC hardware out there) can be quite tough. Which is why you start a company that actually figures that out on one set of PC hardware, and then sells a bunch of those at lower PC hardware prices, plus a copy of OSX. There's a market there. Companies that try to do this, however, tend to get their asses repeatedly sued off by Apple.

      And, according to TFA, Apple seems to be deliberately going out of their way to not support certain hardware.

      Why? It's almost like they don't want OSX on a wider supply of non-Apple hardware! In fact, it's exactly like that.

      This is, I think, the "scarcity" that the parent poster was referring to.

    6. Re:I don't see why they would license it by Anonymous Coward · · Score: 0, Interesting

      Could you be any more in denial? Care to explain then why people will spend 2K on a MacBook that has the same hardware as a 1K Dell???

      Translates to: I'm too poor to buy a Mac so I will try to convince myself that Linux really is ready for the desktop and ridicule anyone who makes more than me.

      Seriously - the entire world is falling over themselves to use Linux on the desktop. Really they are. Honest. And they all love the sound of those flies buzzing around your unwashed smelly hippie body. Don't you think it's odd that you enjoy spending Saturday nights in your basement with your buddies?

    7. Re:I don't see why they would license it by Stupendoussteve · · Score: 2, Insightful

      Uh... I think he already did.

      People like running OS X on Apple hardware? (This is not even going into the build quality and customer service which leaves most customers satisfied for years)

    8. Re:I don't see why they would license it by MightyYar · · Score: 2, Insightful

      Care to point out the Dell that I can get for 1k that competes with the 2k Macbook? Every time I price them I get +/- 20%.

      Or were you not taking size, weight, and battery life into account?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    9. Re:I don't see why they would license it by matty619 · · Score: 1

      Sorry for getting you all worked up. I tend to over estimate the average person's ability to interpret anything that's not spelled out explicitly. Rather than spend another 10 min explaining this to you, I'll simply redirect you to the previous posts in this thread.

      That being said, I appreciate your strong feelings on the matter, though I believe you hitched your wagon to the wrong horse.

    10. Re:I don't see why they would license it by Anarchduke · · Score: 1, Troll

      There is a big difference in the quality of an apple notebook when compared to a dell notebook. Apple makes a quality product, and I would prefer it over the crap Dell shovels out. Whether a Mac is worth the price difference is up to the purchaser, and the cachet of owning a Mac versus a Dell may be worth the money.
      However, it is just like buying a 150 dollar Thermaltake Case and spending 70 dollars for an 80-plus certified power supply. That combination is better than buying a 39.99 cheapo case w/ power supply combined. I would rather have that Thermaltake brand case. It is better quality and provides better cooling than the cheapo case.

      What I don't want is Microsoft telling me I have to run Windows 7 inside only a Thermaltake brand case. I don't want Apple to be able to tell me I can only run OSX only on a Apple brand case. I don't want Debian to suddenly specify I can only run it on Asus brand hardware. I don't want SuSe liunux to specify that I can only run it on Novell brand hardware. The issue here is whether Operating System manufacturers have the right to specify the brand name of the hardware that runs it.

      --
      who prays for Satan? Who in 18 centuries has had the humanity to pray for the 1 sinner that needed it most? ~Mark Twain
    11. Re:I don't see why they would license it by bill_mcgonigle · · Score: 1

      The machine is sub-par.... slow and I have dumpster diven machines that are better than it. The Atom is not worth its money. It might be because I run Linux (Ubuntu 9.10, by now), but if people really think Atom powered laptops are enough, they are mistaken. I have an original Asus EEE 701, and it fares better than the crap I type on now.

      FWIW, most binary OS's are poorly optimized for Atom. Fedora 12, for one, will default gcc to -mtune=atom for i686 builds. Gentoo might do better too.

      I'm using Fedora 11 now, and it's pretty slow - only the battery life of this machine makes it worthwhile.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    12. Re:I don't see why they would license it by thesandtiger · · Score: 0, Troll

      That's cool - you're an idiot or a child and that's OK. It's a free country.

      When you mature a bit and are able to engage in critical thinking before you just parrot back things you've heard from other idiots, I'm sure you'll have something meaningful to contribute to discussions.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    13. Re:I don't see why they would license it by Gizzmonic · · Score: 1

      I didn't mean that the machines themselves are scarce, but the choice of machines are quite limited. If you were to compare the hardware available to legally run ANY other desktop OS, you'll find that the hardware offerings for OSX are quite scare indeed. Artificially so even.

      You know, Apple used to have 20,000 different types of Performas, all with slightly different system specs. I'm sure you could find a Mac for just about any niche market back then. You could also find Apple's market share plummeting and their company constantly in the red.

      Nowadays, Apple is much more focused. There are 4 lines: consumer/professional, and portable/desktop. They also happen to be a much more profitable company. They aren't "artificially" limiting their product line just because they don't make a model that suits your needs.

        Why do people on Slashdot always seem to think their very particular needs somehow align with a large market segment, and XYZ company is committing commercial suicide by not accommodating them? Go out and build a screwdriver PC if you want full customization. Apple is no longer trying to be all things to all people, that's what got them into financial trouble 20 years ago.

      --
      (-1, Raw and Uncut is the only way to read)
    14. Re:I don't see why they would license it by matty619 · · Score: 1

      lolz....

      That canned response is the best you can do? I know I should just walk away, but the humor of it all is just too much. You revert to name calling, then suggest that the person who has refrained from name calling needs to mature. I will be anxiously awaiting more name calling to further prove my point.

    15. Re:I don't see why they would license it by matty619 · · Score: 1

      I'm not sure what you're referring to. I never said they were committing suicide...I didn't even suggest it... as a matter of fact, I stated that it is my opinion that they earn a good deal of their money from this tactic.

      Why so defensive?

    16. Re:I don't see why they would license it by Gizzmonic · · Score: 0, Troll

      Why so defensive?

      Because I've seen this argument 10 billion times on Slashdot. It was dumb then, and it was dumb now. There's nothing "artificial" about limiting the product line. It helps prevent consumer confusion. It has been a tremendously profitable decision for Apple-and not just in the computer line.

        Take the iPod vs. Zen, where Zen used to have myriad different players with different specs (5GB, 10GB, 15GB, some with FM radio, some without, etc). iPod's product line is getting increasingly convoluted, but it's still not nearly as bad as Zen. There's other reasons behind Apple's success besides flashy marketing, but few on this site seem to realize that.

      --
      (-1, Raw and Uncut is the only way to read)
    17. Re:I don't see why they would license it by mjwx · · Score: 1

      No one buys a Mac because its exclusive

      /steps up to the pitch with cluebat in hand.

      People by macs for the image, for the cool, the exclusivity of being a part of the "in" crowd, for the false security and other warm feelings created by Apple marketing. Remove the ad's from TV, put OS X in a generic grey box and watch usage plummet.

      [richie benaud] marvellous hit and its good to be with you on slashdot for the first time today [/richie benaud]

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    18. Re:I don't see why they would license it by Jesus_666 · · Score: 1

      Actually, Apple's notebook offerings are usually in the same price range as other high-class notebooks. Their desktop systems are fairly expensive but the notebooks aren't. (That's how I got into OS X: I looked for a decent notebook guaranteed to run some *nix without trouble and had the choice between a G4 iBook and a ThinkPad, with the ThinkPad being more expensive for similar performance.)

      Nowadays, when I buy a notebook I buy an MBP. Not because it's exclusive or because I want to impress with how much money I have (a 13" MBP just doesn't say "I'm rich") but because in my opinion Apple has the most competent desktop OS and because the standard MacBooks don't have a FireWire 800 port.


      Of course some people buy a MacBook Air because it's expensive and flashy. There's always a few oddballs with too much money on their hands.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    19. Re:I don't see why they would license it by Anonymous Coward · · Score: 0

      "
      People by macs for the image, for the cool, the exclusivity of being a part of the "in" crowd, for the false security and other warm feelings created by Apple marketing. Remove the ad's from TV, put OS X in a generic grey box and watch usage plummet.
      "

      Some maybe. Is the beige box as well built. And looks do matter. I use a mac mini to run my TV. Most people can't tell the diff. between it and a wii. OS X is a key part of the Mac experience but not all. Its the build quality (25lb aluminum Imac is well built) , small features like the macbook plug is great esp with kids. Restoring a dead system is brain-dead easy with Time Machine.

    20. Re:I don't see why they would license it by intheshelter · · Score: 1

      You're so full of shit I don't know where to begin. If you really believe "the apple crowd who buy Mac just for exclusivity of it all." myth then you are truly deluded.

    21. Re:I don't see why they would license it by Anonymous Coward · · Score: 0

      Dell XPS 16:
      Dimensions & Weight Width: 15.15" (384.9mm) Height: 0.95" (24.1mm) front / 1.34" (33.95mm) back Depth: 10.02" (254.6mm) Weight: Starting weight of 6.4 lbs. (2.91 kg)11(16" WLED display 6 cell battery). Weights will vary depending on configurations and manufacturing variability.


      MacBook:
      Size and weight Height: 1.08 inches (2.74 cm) Width: 13.00 inches (33.03 cm) Depth: 9.12 inches (23.17 cm) Weight: 4.7 pounds (2.13 kg)

    22. Re:I don't see why they would license it by MightyYar · · Score: 1

      They aren't the same size. XPS is 50% the price and 50% heavier. Volume is significantly larger, too.

      You aren't comparing similar laptops.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    23. Re:I don't see why they would license it by Uberbah · · Score: 1

      /steps up to the pitch with snobby projection in hand.

      Fixed that for you.

    24. Re:I don't see why they would license it by Anonymous Coward · · Score: 0

      1K extra for the weight?? I'M SOLD!!!!!!!

      The XPS isn't much bigger....I know since I've held and used both. Hardware wise the XPS is a much better deal. Cracks me up you ignore the part about the hardware specs being no better on the Mac and yet you focus on the weight as if someone using the Mac will feel better knowing that if they were carrying it instead of using it, it would weigh less.

      A fool and his money are soon departed.

    25. Re:I don't see why they would license it by Anonymous Coward · · Score: 0

      1K extra for the weight?? I'M SOLD!!!!!!!

      The XPS isn't much bigger....I know since I've held and used both. Hardware wise the XPS is a much better deal. Cracks me up you ignore the part about the hardware specs being no better on the Mac and yet you focus on the weight as if someone using the Mac will feel better knowing that if they were carrying it instead of using it, it would weigh less.

      A fool and his money are soon departed.

    26. Re:I don't see why they would license it by MightyYar · · Score: 1

      1K extra for the weight?? I'M SOLD!!!!!!!

      Look, you can make your own value judgment about what is more important - size or price. Just don't pretend that the Dell is the same laptop. There is quite a bit of cost in making a laptop smaller without reducing performance.

      You want to save $500 and get the bigger laptop with the lower battery life and the larger volume? By all means, it is your choice. Hell, I've certainly made that choice in the past.

      But I'll tell you this, whenever I traveled with a company laptop, I always chose the smallest one.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    27. Re:I don't see why they would license it by Anonymous Coward · · Score: 0

      You're right they're not the same. The Dell is most often better in terms of specs. My coworker recently got an XPS with a top of the line video card and a BluRay burner for $1000 less than a similar MacBook Pro which came with an inferior GPU and NO BluRay option.

      But hey...at least that MacBook weighs less for when you're carrying it...I like to use my notebook so I couldn't care less if it weighs %10 more.

    28. Re:I don't see why they would license it by MightyYar · · Score: 1

      It's absurd to argue that size does not matter when you are talking about notebooks.

      Dell makes some very nice machines, as does Apple. Where they overlap, they tend to be very close in price.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    29. Re:I don't see why they would license it by Anonymous Coward · · Score: 0

      Noone's saying it doesn't matter. What we're saying is that the size difference doesn't justify a 1K premium for slower hardware. Very close in price? On what? The only way Dell would ever be close in price to Apple is if Dell started selling Apple products.

    30. Re:I don't see why they would license it by MightyYar · · Score: 1

      What we're saying is that the size difference doesn't justify a 1K premium for slower hardware.

      Don't you see how that is an opinion? Can't you see how people might value a 50% reduction in size?

      The only way Dell would ever be close in price to Apple is if Dell started selling Apple products.

      Dell and Apple use pretty much the same suppliers, and when they make similar machines they come in at similar prices. They don't always compete with one another directly, because Dell competes in both the low, mid, and high-end markets while Apple only offers stuff in the mid and high-end markets. Apple's range of offerings are also much smaller than Dell's.

      Look, your only example of Apple's prices excess is a laptop that is much bigger. Can you show an example of another overpriced product? One that is perhaps a bit more similar in form factor?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  7. Netbooks by sqrt(2) · · Score: 1

    Is the 13" MacbookPro or Macbook really that much different than the Eee in terms of portability? Yes, it's more expensive, but we're talking about Apple and they're always a little more expensive because it's a higher quality product. The 13" MBP is very thin and light, it's not sub-12 inches but it travels well in bags or backpacks, if you want a highly portable computer that runs OS X, Apple already makes one.

    I think it would be a stupid idea for Apple to license their OS to other hardware makers. Once they give up total control of the experience it's going to make things less pleasant for the end user, and there goes Apple's reputation for reliability and the integration of hardware and software which distinguishes them from other companies.

    --
    If you build it, nerds will come. Soylentnews.org
    1. Re:Netbooks by Renraku · · Score: 1

      I've never heard of a case where a company has removed functionality from pay-software, that isn't considered a dick move. What's to keep them from saying, "Well, we don't really think our x line of laptops is good enough for this OS anymore, ya'know? We're just going to block those too. But you can buy 10.6.5.x codenamed Retro for another $200."

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:Netbooks by TerminaMorte · · Score: 1

      Higher quality product? Same internals as any PC with a shiny case. That's some high quality shit right there.

    3. Re:Netbooks by aussie_a · · Score: 1

      I don't see how Apple can justify an $1,100 (USD) price difference. This isn't a little more expensive, this is double the price.

      Mac:
      Processor: 2.93 GHz Intel 2 Core Duo
      Memory: 4GB 1066MHz DDR3 SDRAM - 2x2GB
      640GB Serial ATA Drive
      NVIDIA GeForce GT 120 256MB
      Apple Mighty Mouse

      TOTAL PRICE: $3,000 (AUD)

      LINK: http://www.apple.com/imac/specs.html

      PC
      $90 - Tower, fan and power supply
      $60 - DVD Burner
      $170 - 2.93 GHz Intel 2 Core Duo
      $95 - 640GB SATA HDD 3.5"; 7200 rpm
      $30 - Keyboard and Mouse
      $140 - 4GB 1333MHz DDR3 Non-ECC CL9 DIMM (Kit of 2)
      $450 - 24" LCD Monitor
      $150 - Speakers and Sound card (estimate)
      $190 - Graphics Card: Gigabyte GF9800GT, 1GB, Model:N98TOC-1GI #18192
      $400 - Windows 7 Ultimate

      TOTAL PRICE: $1775 (AUD)

      SOURCE: Beecom - http://beecom.com.au/home.php

    4. Re:Netbooks by falcon5768 · · Score: 1

      Well its not really functionality. Apple makes NOTHING that use that processor. It was perhaps the intent to eventually release it, but they decided to change tactics especially after they BOUGHT a chip manufacturer. Apple makes hardware, not software. They have a few programs that are cross-platform but most of the stuff they make are made for THEIR hardware. Its that simple.

      --

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

    5. Re:Netbooks by dgatwood · · Score: 1

      You're kidding, right? First, you left out the logic board in your PC. That's going to boot really well. Second, the iMac is an all-in-one computer, not a tower. You can't compare Apples and oranges, so to speak. That's like saying the Mini is expensive because you can build a full-size tower for a hundred bucks less. Yeah, maybe, but in the end, you have a full-size tower with loud fans, no DVI, no DisplayPort, no FireWire, no built-in Wi-Fi, etc.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:Netbooks by sbeckstead · · Score: 1

      How much do you get per hour for assembly and testing and warranty for 1 year?

    7. Re:Netbooks by thisisaccount2 · · Score: 0, Troll

      The point. You missed it.

    8. Re:Netbooks by gandhi_2 · · Score: 1

      it's a higher quality product

      If by higher quality you mean the same quality, sold to artsy elitists, with a custom OS that basically invented the "bloated and slow" genre...the I guess you are right.

      And don't make me get my anecdotes out to counter your anecdotes.

    9. Re:Netbooks by pseudonomous · · Score: 1

      Yes, it is that different; it's the difference between having something that isn't that bad to carry around if you know you'll need it, and something that you just take with on the off chance you'll want to use it. The Macbook Air is almost as portable a netbook (and prettier, w/ a better processor & display, but less peripheral ports, and no integrated wired networking) and about five times as expensive as basic model Mini 10v, Wind, or Apire One.

    10. Re:Netbooks by Anonymous Coward · · Score: 0

      The verb has gone missing.

    11. Re:Netbooks by BitZtream · · Score: 1

      Really, show me a Mac with an Atom processor. I won't hold my breath.

      Show me a Mac with an AMD processor.

      The use a rather limited set of hardware and make good drivers for it. They don't waste time trying to create drivers for every crappy screwy combination of PCs out there.

      Mac hardware IS higher quality, use one for a year, you'll see.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    12. Re:Netbooks by Falconhell · · Score: 3, Informative

      As a long time hardware tech, I am convinced the hardware I see in Macs is no better or worse than average PC hardware-simply because it IS average PC hardware.

      I own a couple (Desktop and mac book) which I got to see what all the fuss was about, and frankly I dont see the so called superiority of OSX over Windows either.

      Certainly I have seen no difference in stability, and found some things, particularly the setup program to be markedly inferior to Windows!

      The fans have to say its higher quality, or look
      foolish for paying 30% more for exactly the same thing.

      I just broke Slashdot rule 5, no criticism of Apple allowed, so I expect the fanfoys will mod me to oblivion.

      Meh, I got karma to burn.

    13. Re:Netbooks by cheekyboy · · Score: 1

      You can buy those machines pre built for around the same price from many dealers.

      But if you want something comparable, Dell has allinones too.

      http://www1.ap.dell.com/au/en/business/vostrodt/desktop-vostro-320/pd.aspx?refid=desktop-vostro-320&s=bsd&cs=aubsd1

      --
      Liberty freedom are no1, not dicks in suits.
    14. Re:Netbooks by Anonymous Coward · · Score: 0

      O Rly? Windows 7 Starter edition for guess what? Netbooks. Get with the times. And it's more and more for software makers to dick people who mess with their software. Google "Arkham Asylum cape glitch". It affects pirates as equally as legit users wanting to make custom mods for the game. Play by the dev's rules or take your ball elsewhere is the lesson.

    15. Re:Netbooks by cheekyboy · · Score: 1

      Okay, add a $200 motherboard, and get a OEM copy of WIndows7 for $250. (see cpl.net.au )

      Now, im sure no one gives a rats ass if its not AllInOne if they save $1300. Only rich dudes dont care what price they pay.

      Second, all/most apple products in australia have the 40% jack up premium price rise, and dont tell me its for local advertising, because they dont spend that much.

      They waste that margin on $1million 4inch windows on their stores - http://www.theage.com.au/technology/technology-news/apple-has-smashed-windows-20091022-haej.html

       

      --
      Liberty freedom are no1, not dicks in suits.
    16. Re:Netbooks by Stupendoussteve · · Score: 1

      Or past five years, as they generally have a longer lifespan.

    17. Re:Netbooks by Hadlock · · Score: 1

      Every major revision, apple locks out some of their older hardware. First it was 10.2 with the "beige" G3s, then you needed a G4 to install 10.4, then you needed a 1ghz G4 to install 10.5, etc etc ad nauseum. In this case they're simply locking out a particular processor they haven't offered before.

      --
      moox. for a new generation.
    18. Re:Netbooks by PRMan · · Score: 1

      In order to have it NOT WORK on an Atom CPU, you have to actively scan the CPU, determine it's an Atom and then block the remainder of your code. Intel CPUs are remarkably compatible otherwise.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    19. Re:Netbooks by Lehk228 · · Score: 1

      the eee 700 and 900 series machines are a very robust and carry-frindly design. you can throw it into the pocket of cargo pants or a coat with no problem. try that with a 13" FailBookPro

      --
      Snowden and Manning are heroes.
    20. Re:Netbooks by sbeckstead · · Score: 1

      But if you want something comparable, Dell has allinones too.

      Sorry neither of those allinones meets the criteria set out above. Their specs are way to low for either the iMac or the PC.

    21. Re:Netbooks by Anonymous Coward · · Score: 2, Insightful

      Hehe, I'm a Mac "user", I stress that term as I use the platform of my choice, not because I have some statement to make, or some inferiority complex, but It's what works best for me, and alot of other people. Quality is a very hard term to categorise, seriously, if you've ever read "Zen and the art of motorcycle maintenance" a huge part of that book asks the question "what is quality?" if you haven't read it then maybe you should, not that I'm trying to slight anyones knowledge, but reading that should give you an understanding of the brick wall many Mac users feel they are hitting their heads off when trying to explain to people the "quality" of OS X, Quality isn't necessarily "superiority" many people make that mistake, "quality" can simply be doing the same thing just as well but simpler, or less intrusive, or intuitively, their abstract concepts... unmeasurable, but can make a huge difference, even though the task may be exactly the same. I know its daft getting philosophical about computer hardware, but some people notice these things, not because they are "superior" (as most people who use macs seem to be branded as for some screwed up reason) but because they care about these kinds of things, other people dont care about these things and can be perfectly happy with the opposite. So please put aside the hatred, I know there are Mac zealots out there giving the rest of us a bad name, but theres just as many Window zealots now (I've noticed a massive increase on forums with the release of Windows 7) and it upsets me to find people willing to hate me and label me just because of the computer system I choose to use.

    22. Re:Netbooks by characterZer0 · · Score: 1

      I just broke Slashdot rule 5, no criticism of Apple allowed, so I expect the fanfoys will mod me to oblivion.

      Criticism of Apple gets you -2, but claiming that criticism of Apple gets you -5 gets you +6.

      --
      Go green: turn off your refrigerator.
    23. Re:Netbooks by Hashi+Lebwohl · · Score: 1

      Apple is too expensive for you? WELL DON'T BUY ONE. Simple, problem solved. Sheesh.

      --
      I'm in to sadism, bestiality and necrophilia. Am I flogging a dead horse?
    24. Re:Netbooks by mindstrm · · Score: 1

      "I don't see how Apple can justify an $1,100 (USD) price difference. This isn't a little more expensive, this is double the price."

      People keep buying them. You don't sell things based on what they cost to make - you sell them based on how much people are willing to pay.

    25. Re:Netbooks by harlows_monkeys · · Score: 1

      Why aren't you using current iMacs for comparison?

      For A$2199 (price straight from the online Australian Apple store):

      3.06 GHz Core 2 Duo
      4 GB RAM
      1TB disk
      27" IPS LED backlit 2560x1440 display (can be used as monitor) Radeon HD 4670 graphics

      Up your PC to match that, and you'll find the price difference is pretty much gone--it might even favor that Mac. Just upping your monitor to the quality, number of pixels, and pixel density of the iMac monitor will go a long way toward erasing the price difference.

    26. Re:Netbooks by Anonymous Coward · · Score: 0

      yea. but do you run linux?

    27. Re:Netbooks by Anonymous Coward · · Score: 0

      >I just broke Slashdot rule 5, no criticism of Apple allowed, so I expect the fanfoys will mod me to oblivion.

      Actually, no. You broke Slashdot Rule 2: Tossing out a few personal anecdotes as though they were meaningful, and then pre-emptively pissing and moaning about the spanking you were likely going to get.

    28. Re:Netbooks by mgblst · · Score: 1, Flamebait

      What a load of shit. Yeah, you are the first person on slashdot to diss Apple. Look Microsoft, go fuck of to neowin, we don't need your kind of bullshit here.

      I have owned lots of latops, have 2 brand new ones from work, a hp and a dell. Not the cheapest of the lot, not the most expensive. I would put my mac up against those machines, any day and do. They often dont' sleep properly, and they take ONE minute to sleep when they do, whereas my mac sleeps in less than a second, wakes up in a second to.

      I pay extra for that, and a 1000 other things that Apple have done to make working with computers a pleasure again.

    29. Re:Netbooks by Anonymous Coward · · Score: 0

      I bet you also pay extra to increase your gay ego.

    30. Re:Netbooks by Anonymous Coward · · Score: 0

      You problem wouldn't exist if you would have paid more for the Windows laptop too.

    31. Re:Netbooks by Falconhell · · Score: 2, Interesting

      Yeh sure. I buy lots of laptops for work these days. A hundred or so this year.

      I would not trade my current Dell E6400for any Mac(ASUS really)laptop.

      You cant get a processor this fast in a Mac at all. You can only get a Mac with a processor 2 levels of clock speed slower-and costs 30% more for the same spec otherwise.

      My current Dell hibernates and resumes in less than 20 seconds for each. If you cant get a windows laptop to go to sleep in less than a minute you should hand in your geek card.

      In fact a Mac is probably just the thing for you, particularly if you find computers a pleasure (as I have noted before thats why Apple round the corners, so it hurts less when you stick them where the sun dont shine). (-:

      You need to get out more, to me computers are a tool and nothing more-after 30 years as a hardware tech, I have seen lots of cool tech come and go, and I simply choose the most cost effective tool to do the job reliably.

      Nearly every post I have made in the past that does not follow the Apple fanboy line gets modded down, but its not OK to say so apparently.

    32. Re:Netbooks by RzUpAnmsCwrds · · Score: 1

      I have owned lots of latops, have 2 brand new ones from work, a hp and a dell. Not the cheapest of the lot, not the most expensive. I would put my mac up against those machines, any day and do. They often dont' sleep properly, and they take ONE minute to sleep when they do, whereas my mac sleeps in less than a second, wakes up in a second to.

      I own a $400 Acer 1410 laptop and two self-built desktops, one AMD and one Intel. I also recently sold a ThinkPad T61 and an Acer EEE PC 900HA.

      ALL of them sleep and wake up in less than 3 seconds. My Acer wakes up in about a second (it has an Intel SSD that I installed); the others take a couple of seconds to spin up the hard drive.

      The "Macs sleep and wake and PCs don't" argument is total bullshit. Find me one machine that's sold in Best Buy that doesn't sleep and wake properly.

      I have owned a TON of hardware over the last 5 years, including the following:
      - Acer EEE PC 900HA
      - HP Compaq 6910p
      - ThinkPad T61
      - MSI Wind Nettop 100
      - Custom-built AMD dekstop (GeForce 6100 chipset, Gigabyte motherboard)
      - Custom-built Intel desktop (Intel G31 chipset, Gigabyte motherboard)
      - Acer Aspire 1410
      - Toshiba Portege M200 tablet PC
      - Compal EFL30 generic notebook

      All of this hardware properly sleeps and wakes properly.

      My Acer 1410 was $400. It's 3lbs, has an 11.6" 1366x768 display, 4GB of memory, runs for 6-8 hours on a charge, has an HDMI port (including audio support), and a full size keyboard.

      My Acer is made of plastic. It doesn't have a unibody case. It doesn't have a glowing Apple logo. It doesn't run Mac OS X.

      But, you know what? I would take it over any Mac at any price (assuming that I couldn't sell the Mac). I have a desktop when I need computing power. My laptop needs to be light, small, have a usable keyboard and screen, and get good battery life.

    33. Re:Netbooks by dgatwood · · Score: 1

      Thanks for pointing that out. When I saw that his specs were comparable to the bottom end, US$1200 iMac, I was starting to wonder how the AUD was less than half a USD. Good to know that those numbers were as inflated as they sounded. :-)

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    34. Re:Netbooks by Anonymous Coward · · Score: 0

      You're comparing some generic 24" LCD monitor (that probably has only a TN panel), to the iMac's LED-backlit, IPS (probably H-IPS) LCD monitor?

      Where's the FireWire 800 on the PC? Or the Gigabit Ethernet? Does the PC include 802.11n WiFi, or BlueTooth? The iMac does.

    35. Re:Netbooks by onemorechip · · Score: 1

      Didn't believe you at first, but I got my EEE900 and a pair of cargo shorts, and sure enough...but it's a tight fit, I can't snap the pocket shut over the netbook, and I don't think it'd be comfortable carrying that kind of weight in my pocket for more than a very short time.

      --
      But, I wanted socialized health insurance!
    36. Re:Netbooks by drinkypoo · · Score: 2, Insightful

      Is the 13" MacbookPro or Macbook really that much different than the Eee in terms of portability?

      Yes. It's three inches bigger and notably heavier.

      Yes, it's more expensive, but we're talking about Apple and they're always a little more expensive because it's a higher quality product.

      False. The case designs on the smaller macs are fragile (you can actually drop a EEE) and they use PCBs made by Foxconn like everyone else, to the same standards as ASUS, Lenovo, or whatever. Which is to say, mediocre.

      The 13" MBP is very thin and light, it's not sub-12 inches

      It's not sub-12-inches. You answered your own question. Yes, it really is that much different.

      if you want a highly portable computer that runs OS X, Apple already makes one.

      It's not even in the same size class. Fail. A 13" computer is still big enough to be unwieldy. Frankly 12" is pushing it a little bit, but I have gigantic hands so that where I've settled. Ask your girlfriend if one inch makes a difference.

      I think it would be a stupid idea for Apple to license their OS to other hardware makers

      This much is true. There's no way they can provide the same level of support for everyone's hardware that they do for their own. On the other hand, Linux will destroy OSX eventually, which is probably less true than it is for Windows. Apple gave away central dispatch, which is their only real advantage after integration, and I have had plenty of problems with apple software and apple hardware. I will refer back to the B&W G3 Rev.1 UDMA data corruption issue, for which Apple said the solution was to buy third party software or actually buy a new IDE card (with the attendant Mac Tax of about 400%, this is not an exaggeration either, I priced them.) Apple could have made a software workaround in the form of a new disk driver that would enable multi-word DMA rather than ultra-DMA, but instead they expected you to give FWB forty bucks to get one. The idea that Apple software will work perfectly on Apple hardware is an absurdist fanboy myth. Yep, I said it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    37. Re:Netbooks by gobbo · · Score: 1

      I specc'ed out a hackintosh for the last upgrade I did, a year ago. I edit video and audio, 2D design, web dev, etc. so needed to keep using OS X, and wanted a tower.

      By the time I priced out an IPS monitor, quality compact case and PS, silent fans and cooling, quality firewire and audio (all at newegg or ncix prices or less), I was $150CDN short of a refurb iMac 24", and my time and warranty desires more than make up for that.

      Then, there is the value equation of Mac resale value. Like a toyota or mercedes, the used ones are priced high because they frakkin' well last, so instead of replacing parts you just replace the whole unit, which makes it cheaper overall than a heavily depreciated generic box.

      So, your comparison doesn't take into consideration three important things I discovered in my hackintosh:

      1. SILENT operation (imacs really quiet)
      2. screen quality
      3. RESALE value

      That said, I fully intend on putting snow leopard on a hp netbook later this month.

    38. Re:Netbooks by shutdown+-p+now · · Score: 1

      This much is true. There's no way they can provide the same level of support for everyone's hardware that they do for their own.

      One option would be to charge extra for it, and to sell it with no support/warranty whatsoever - kinda like Android Dev Phone. I don't need yet another computer, much less an expensive Mac, but I would appreciate an OS X VM so that I could e.g. test my portable code on it. It wouldn't have to be widely advertised, either, but rather tucked somewhere in the developer corner of their website - so that only those who need (or think they need) it can find it.

    39. Re:Netbooks by Clockwurk · · Score: 1

      Macs are high quality?

      And you link to the Green Party?

      Thats a lot of faggotry for just one post.

  8. Hackintosh as a Production Environment by cpicon92 · · Score: 1

    Does anybody actually use these "hackintosh" netbooks on a daily basis? I always assumed they were things people put together for fun. I understand that a number of people like Mac OS, but it seems to me that the OS would lose all of its appeal by not being linked to the hardware. If you have the technical prowess to install OS X on a netbook why are you using OS X on your netbook? Why not linux? (that wasn't meant as a flamebait question) Most people who use OS X instead of linux cite stability and support as their reasons. Wouldn't a hackintosh have neither of these?

    1. Re:Hackintosh as a Production Environment by Anonymous Coward · · Score: 0

      Because Linux is as user friendly as Unix and as stable as windows 95.

    2. Re:Hackintosh as a Production Environment by LSDelirious · · Score: 1

      the few people I've known to dabble in Hackintoshery were solely interested in running Apple-only software like Final Cut or Logic, without having to drop an extra $3k+ on a new machine to do so when their current higher end PC would do the trick.

      --
      Slavery is the legal fiction that a person is property; A Corporation is the legal fiction that property is a person.
    3. Re:Hackintosh as a Production Environment by DDLKermit007 · · Score: 1

      Still didn't answer his question since a Netbook is not powerful enough to actually support those apps well. Plus really, who are we kidding here? People who Hackintosh for Final Cut or Logic aren't going to actually pay for the software either.

    4. Re:Hackintosh as a Production Environment by Arcady13 · · Score: 1

      I use an iMac as a daily work computer, but I also use a Dell mini 9 running OS X 10.5 as my laptop. I don't need a $999+ laptop to surf the web and check email, and my iPhone is too small to do things like Remote Desktop easily. For about $400, I have a portable Mac that makes sense for me. A MacBook Air at $1500 may be just about as light, but it is very large (13.3") and doesn't have two USB ports, ethernet, VGA, an SDHC card reader, etc. When Apple makes a 9-10 inch laptop, I'll probably buy it, unless they continue on thinking I don't need to plug things into my computer because it's small. And they'd probably still charge $999. And I can run Windows on both the iMac and the Dell, natively. Why not the other way around, other than some silly EULA? (I did pay for an extra OS X retail disc for the Dell.)

    5. Re:Hackintosh as a Production Environment by Per+Wigren · · Score: 1

      My main computer is a Hackintosh. It's a Core i7-920 (clocked at 3,2 Ghz) with 6 GB DDR3-1866 RAM, GeForce GTX 285 graphics, Intel X58 chipset, 2x1 TB HDD, a large 100% aluminium case (ATCS 840, silver) and a 30" 2560x1600 monitor (HP LP3065). Running Snow Leopard on it and it works like a charm! Total price was around 1800 USD for the computer and 1130 USD for the monitor. This is in Sweden where prices on tech stuff are about 30% higher than in the US on average.

      I've used Linux as my primary desktop OS since 1996 (Red Hat 4.2) without dual-booting. I still run Linux (Arch) on my home server, which doubles as a XBMC HTPC. I have been using Macs at work for 5 years and I have learned to love how well it works for the non-nerdy stuff I occasionally have to deal with. I also want to create music and the offerings on MacOS X, although somewhat expensive, are on a whole other level than Linux.

      The main reason are the non-nerdy friends/family/partner though. I always have several terminals running (even in MacOS X) and I do almost everything I do on the command line or in Firefox. I just grew tired that every time someone visited and brought a USB stick or some MP3 player I had to pray a little that it would work, or say "excuse me", bring up a terminal, restart some background process and issue some manual mount commands. All the obscure "look at this, lolz!" videos, flash games and java applets work. I can just say to a friend "please make a playlist while I make some food" and I can go and start make food without fear that some hanging java applet has locked the sound card so I must go there and help them.

      It's the sum of the little things.

      --
      My other account has a 3-digit UID.
  9. No. by Ty · · Score: 4, Insightful

    Apple learned it's lesson in the 90's when it licensed MacOS. While the hope was that the licensees would expand MacOS market share, it instead only whittled away at Apple's own market share. I was an example myself - I have a PowerComputing system lying around somewhere - and it was a sale that would have gone to Apple were they not in existence.

    Additionally, as long as Jobs is at the helm, this will never happen. He's made it very clear that Apple doesn't sell hardware or software, but rather the full experience provided by very good integration between the two.

    1. Re:No. by Mr2001 · · Score: 4, Insightful

      Apple learned it's lesson in the 90's when it licensed MacOS. While the hope was that the licensees would expand MacOS market share, it instead only whittled away at Apple's own market share. I was an example myself - I have a PowerComputing system lying around somewhere - and it was a sale that would have gone to Apple were they not in existence.

      So, in other words, Apple wasn't charging enough for MacOS licenses, and they guessed wrong about how willing customers would be to keep buying Apple branded hardware.

      Why does this doom future OS licensing? Why can't they just charge enough for the OS X license so that they'll stay profitable if it turns out people only want the software?

      --
      Visual IRC: Fast. Powerful. Free.
    2. Re:No. by Ty · · Score: 2, Interesting

      What happened in the 90's would imply that the potential market for currently non-Apple users who want to run MacOS on non-Apple hardware is smaller than the pool of current Apple users who would switch to other hardware if provided an easy route. That means loss of market share in their own market.

      I'd wager to say that it's probably not much different now.

    3. Re:No. by pseudonomous · · Score: 1, Insightful

      Becuase one of the reasons why people have good experiances with OS X versus Windows / Linux has nothing to do with how good a software product OS X is, but rather that apple is very careful that the software and hardware work well together; if they open up the platform then you'll have manufacturers who'll stick OS X on a laptop where the network card only soft-of works right, or maybe things work fine except that when you suspend to ram the graphics card doesn't shut off and it still drains your battery. (I mean look what happened with linux based netbooks, every major vendor who sold them had some issues with misconfiguration on at least one model) If OS X loses it's reputation of "just working", which happens becuase Apple controls both hardware and software, people won't desire it as a product anymore.

    4. Re:No. by h4rr4r · · Score: 1

      Which just means that stand alone licenses would need to cost enough to make up the difference.

    5. Re:No. by Macka · · Score: 1

      They make a tidy profit on the hardware component of each Mac they sell. To compensate for that loss of revenue they would have to set a very high OEM price: maybe 3-5 times. They couldn't do that for the OS X retail version, there would be a riot. And there's no way they could get away with forcing OEMs to pay higher prices than they could buy over the counter. You see, the whole thing collapses in on itself.

      The point you're missing is that Apple don't want to sell OS X to you on cheap little machines. They target the lower volume, higher end of the market because they know that they can make strong profit doing this: and providing they innovate often, build well and market well, they can attract the customers they're interested in. If you can't afford to be in their club, they would rather you went somewhere else. It's working very well for them too. While everyone else is tightening their belts to ride out the recession, Apple just posted their best quarter results in the company's entire history.

    6. Re:No. by Mr2001 · · Score: 1

      They make a tidy profit on the hardware component of each Mac they sell. To compensate for that loss of revenue they would have to set a very high OEM price: maybe 3-5 times. They couldn't do that for the OS X retail version, there would be a riot.

      Why do you say that? People already happily pay those high margins to own a Mac, and a large part of the Mac experience is OS X. I don't think they'd have a hard time getting people to pay high prices for OS X.

      --
      Visual IRC: Fast. Powerful. Free.
    7. Re:No. by Ungulate · · Score: 3, Insightful

      Just because Apple's first attempt to license the OS was unsuccessful doesn't mean that it can't work now, if it were executed properly. Now that Macintoshes run on normal PC hardware, Apple could just expand the range of supported chipsets/hardware and certify systems from major OEMs to be MacOS compatible. The hackintosh community has already done a great deal of work in supporting regular hardware - if you buy the correct parts and download one of the easy-to-install MacOS distros, there's almost zero tinkering to be done. If the hobbyists can make that much progress, Apple could obviously do a much better job. If they could seriously challenge Windows with a strategy like this, I think it could be far more lucrative than the hardware profits they reap from their 10% marketshare.

    8. Re:No. by Anonymous Coward · · Score: 0

      Well, close. What actually happened was that the MacOS port to the Intel boxes ran faster than the Mac hardware. And that was considered A Bad Thing by the beancounters that were running Apple at the time. They failed to see the upside potential.

    9. Re:No. by Anonymous Coward · · Score: 0

      There's another way this is different from the Power Computing case...

      With the clones, it was all about who buys the new machines. With today's PCs being able to run it, it becomes an upgrade for machines that people already have. There are much more of these machines in use today than there were Macs or Mac clones back then. It wasn't the case that in the 90s I could run System 7 on my Pentium. The potential install base is much larger today, so Apple has an opportunity for much higher sales numbers than they used to.

    10. Re:No. by Anonymous Coward · · Score: 0

      Well, close. What actually happened was that the MacOS port to the Intel boxes ran faster than the Mac hardware. And that was considered A Bad Thing by the beancounters that were running Apple at the time. They failed to see the upside potential.

      You clearly know a whole lot about Apple's previous attempts at licensing the MacOS. Especially the fact that MacOS 8 only ran on Motorola 68k and PowerPC processors, which are entirely different instruction sets from anything Intel produced. But aside from that, your assessment is 100% accurate. *rolls eyes*

    11. Re:No. by ignavus · · Score: 1, Insightful

      ...very good integration between the two.

      By "very good" integration between hardware and software, do you mean deliberately crippling the software on hardware that could otherwise run it perfectly well?

      Mac hardware is not mystically special. It is just expensive. You no more need Mac hardware to run MacOSX than you need a Rolls Royce to drive to the corner shop. Of course, you will need a Rolls Royce to get to the corner shop if there is an army of goons who will block your path unless you are driving a Rolls Royce. That is the "experience" that Apple is providing.

      I think I will start selling books that you are only licensed to read if you are wearing my expensive brand of clothing. Oh, look. I can't, because I cannot physically enforce it. Apple gets away with artificially restricting their software because they can physically enforce it. It is simply an artificial revenue-maintenance restriction: it is anti-competitive.

      --
      I am anarch of all I survey.
    12. Re:No. by MeNeXT · · Score: 3, Insightful

      Nice of Jobs to limit his market but that's not what I'm buying. I own a Mac but the Apple experience leaves a lot to be desired and in some cases modified systems preform better at a lower cost than the real thing. Where Apple gets it right it gets it right but when it gets it wrong (iTunes, iPhone as anything but a music phone) it gets it really wrong. One size does not fit all.

      --
      DRM? No thanks, I'll just get it somewhere else...
    13. Re:No. by vijayiyer · · Score: 1

      I think you've hit the nail on the head. The group of people who would pay a high price for OS X will just buy a Mac. They're not going to waste their time building a machine and then putting OS X on it.

    14. Re:No. by Mr2001 · · Score: 1

      The group of people who would pay a high price for OS X will just buy a Mac. They're not going to waste their time building a machine and then putting OS X on it.

      That's true, but they might still prefer to buy a Mac clone with a licensed, pre-installed copy of OS X.

      --
      Visual IRC: Fast. Powerful. Free.
    15. Re:No. by harlows_monkeys · · Score: 4, Interesting

      Apple learned it's lesson in the 90's when it licensed MacOS. While the hope was that the licensees would expand MacOS market share, it instead only whittled away at Apple's own market share. I was an example myself - I have a PowerComputing system lying around somewhere - and it was a sale that would have gone to Apple were they not in existence.

      The clones didn't expand the Mac market because Apple would not let them. The clone maker's designs had to be approved by Apple. At least some were required to use Apple motherboards. PowerComputing showed at trade shows several models in development that would have taken the Mac to new markets--but they could not get permission from Apple to sell them.

      The net effect of Apple's restrictions was the all the clone makers really were licensed to do was put Macs in different cases.

    16. Re:No. by mindstrm · · Score: 1

      Bingo.
      Exactly.

    17. Re:No. by Anonymous Coward · · Score: 1, Interesting

      I have been using Macs for around 2 years, and only last week updated to the new MacBook Pro with Snow Leopard. My experience of Apple is that their hardware is of poor quality - in work our old MacBooks all cracked around the wrist rest, and a MacBook Pro needed a new hard drive and GPU. My MacBook's built in keyboard and pad would stop working in the middle of working, requiring an external keyboard to be added to save and clean restart. We've had to buy countless chargers as the wires always seem to get pulled out. And we've had to buy new batteries for them all.

      With the new pros, I have a dead pixel, and my experience of airport (and everyone else's in the office) is pretty bad. The bit at the front of the Mac when you but your thumb to open the lid is, in my mind, poorly designed, as it's sharp, and hurts my wrist if I rest it there.

      Don't get me wrong, I'll still choose Apple, but it's not really about the hardware, it's about the software, and the interface. If I could buy the OS and stick it on my own hardware, I'd do that, but I can't as it's against their EULA.

      Apple are, in my opinion, worse than Microsoft for tying you into their own software and hardware. Look at the Palm Pre / iTunes nonsense. They should spend less time trying to break things, and actually fix the problems that they have in their software...

    18. Re:No. by Macka · · Score: 1

      Why do you say that? People already happily pay those high margins to own a Mac

      You think so huh. It's not just the up front purchase price of OS X but the cost of the major version upgrades. Apple have offered Snow Leopard at $29 this time round, but the usual cost is $128. There is always a steady thrum of discontent and complaining in the Mac community around upgrade time - except for this last one - because Apple don't differentiate between an upgrade and a fresh install, it's just one fixed price. Now imagine if that were 3-5 times more expensive with one major upgrade/year. Over a typical 5 year life cycle for your average Mac - with 4 successive OS X upgrades - that would be $1536-$2560 extra cost. I promise you that there would be uproar. Apple would be force to back down or loose a lot of customers.

      Apple are not going to license out OS X to OEMs again. There isn't a business case to support it.
           

    19. Re:No. by Anonymous Coward · · Score: 1, Interesting

      Power Computing made better computers than Apple at cheaper prices.
      Apple does not want people buying better computers.

    20. Re:No. by Anonymous Coward · · Score: 0

      Because if they sell a thousand licenses at 100 bucks a pop, they make 100,000 bucks, gross. if they sell a thousand computers, they gross well over 10 times that, gross. it has to do with their size as a company. apparently, profit margin is good, but not good enough to sacrifice the hardware line.

    21. Re:No. by Cro+Magnon · · Score: 1

      Yup! To me, the best thing about my Mac is that it JustWorks (tm). I don't think OSX would work as well on a cheap Hacintosh. And if I have to tinker to get things working right, I'd rather tinker with Linux.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    22. Re:No. by CompMD · · Score: 1

      The clones were really good machines, and that was a problem for Apple. I have a PowerComputer PowerCenter Pro with a 416MHz G3 CPU upgrade in it, and that is a nice little box even today. My favorite oddball Mac is my Motorola Starmax 4000/160. It was the closest thing to blending a PC and a Mac. Accessories were cheap, and the machines were well built and reliable. I can certainly see why Apple became afraid.

    23. Re:No. by Anonymous Coward · · Score: 0

      Certification program.

      You get to sell Mac OS on specific hardware if you are prepared to pay Apple to put it through the same level of testing as they do for their own hardware.

    24. Re:No. by nine-times · · Score: 1

      So, in other words, Apple wasn't charging enough for MacOS license

      I don't think those are other words. That's a totally different idea. The idea here is this: Let's say you have 10 people right now who want OSX and will buy an Apple computer, and 10 people who are going to buy Dell computers with Windows. Now Apple decides to license OSX to work on Dells, imagining that the 10 people who want to buy an Apple computer will still buy them, but some of purchasers of Dell computers will buy a Dell with OSX. Instead what happens is 5 people buy Apple computers with OSX, 5 people buy Dell computers with OSX, and 10 people buy Dells with Windows. The big change here is that Apple sold less hardware and gained nothing.

      Now maybe it doesn't work out exactly that way, but that's the idea. What you're suggesting is that Apple should basically abandon their hardware business and just charge more for OSX to make up for the loss in profits. I guess that's a valid idea, and in the same way, I could advise Microsoft to get out of the operating system business and focus more on the Zune.

      All that's fine, but it's not going to happen. It's not clear to me why they should abandon an existing and successful business model in favor of one that's pretty speculative and has failed in the past. If they charged a large enough amount to make OSX profitable on its own, how well would it even compete with Windows? And then they have to worry about piracy, and unfortunately they'd probably start treating their customers like criminals. Why should that be appealing to them?

      Along with everything else, Apple is doing extremely well. What they're doing works.

    25. Re:No. by Mr2001 · · Score: 1

      What you're suggesting is that Apple should basically abandon their hardware business and just charge more for OSX to make up for the loss in profits. I guess that's a valid idea, and in the same way, I could advise Microsoft to get out of the operating system business and focus more on the Zune.

      That might even make sense if the Zune were as popular as OS X, and if people were dying for a way to use their Zunes with non-Windows operating systems, the way people are dying for a way to run OS X on non-Apple hardware.

      It's not clear to me why they should abandon an existing and successful business model in favor of one that's pretty speculative and has failed in the past.

      But the thing is, the reason why it failed in the past is obvious. They made a very basic mistake: they took the thing that made their hardware popular, and sold it separately at a price that resulted in much less profit than they were getting when it was bundled with the hardware. Solution: raise the price.

      If they charged a large enough amount to make OSX profitable on its own, how well would it even compete with Windows?

      People are already paying that much for the OS X experience today. The only difference is they'd be able to get that experience on more hardware, including stuff like netbooks and sub-$2500 towers that Apple has refused to offer.

      And then they have to worry about piracy, and unfortunately they'd probably start treating their customers like criminals. Why should that be appealing to them?

      They already do that. See the ongoing cat-and-mouse game between Apple and OSx86, and the lawsuit against Psystar. Their war against running OS X on non-Apple hardware isn't much different from a war against pirates.

      --
      Visual IRC: Fast. Powerful. Free.
    26. Re:No. by Mr2001 · · Score: 1

      There is always a steady thrum of discontent and complaining in the Mac community around upgrade time - except for this last one - because Apple don't differentiate between an upgrade and a fresh install, it's just one fixed price.

      Perhaps if they were a software company, they'd do what Microsoft does and distinguish between upgrades and full installs.

      Over a typical 5 year life cycle for your average Mac - with 4 successive OS X upgrades - that would be $1536-$2560 extra cost. I promise you that there would be uproar.

      I don't know about that. Mac users love spending money, don't they? They're already paying $2500 or more for a desktop tower because of the gaping hole in Apple's lineup. If they could get a tower that met their needs for $1000 instead, that would leave $1500 to spend on software.

      --
      Visual IRC: Fast. Powerful. Free.
    27. Re:No. by nine-times · · Score: 1

      They already do that. See the ongoing cat-and-mouse game between Apple and OSx86, and the lawsuit against Psystar. Their war against running OS X on non-Apple hardware isn't much different from a war against pirates.

      Well first, Psystar isn't really part of their customer base. They're competition who are arguably selling unauthorized copies of OSX. Second, Apple hasn't sued any OSx86 user as far as I know. Third, Apple still hasn't instituted the sort of draconian activation scheme that Microsoft and Adobe use.

      Basically Apple can afford to ignore casual copyright violation (individuals installing multiple copies from a single purchase) because the software isn't their bread and butter. Dedicated software vendors aren't really as lucky.

    28. Re:No. by Macka · · Score: 2, Insightful

      Perhaps if they were a software company, they'd do what Microsoft does and distinguish between upgrades and full installs

      People have been asking them to do this for years. They don't show any signs of changing.

      I don't know about that. Mac users love spending money, don't they? They're already paying $2500 or more for a desktop tower because of the gaping hole in Apple's lineup. If they could get a tower that met their needs for $1000 instead, that would leave $1500 to spend on software.

      Mac users are no different from anyone else and don't like spending more money than they have to. People buy from Apple because they perceive they're getting a quality product and a better user experience. For that they're prepared to pay a bit more. That doesn't make them careless with money.

    29. Re:No. by mundanetechnomancer · · Score: 1

      what i want to know is why not license it to other companies, but with big licensing terms
      such as,
      1. all hardware on the board or in the case must work fully with OS X
      2. the drivers for all devices used for the board/computer must be provided to apple (if you have the drivers written for something so you can include it in your "OS X compatible" you will provide apple or other manufacturers with what they need to use that device in the future)
      3. you must pay a premium to be able to claim your devices are OS X compatible and put the sticker on the case
      4. you must agree to provide support for your hardware, in physical warranty for 1 year
      5. you must agree to provide support for your hardware, in software and driver support for 2 years
      6. any motherboard or computer sold with the OS X compatible sticker must include a copy of OS X

      seriously, why wouldn't it work?

    30. Re:No. by Uberbah · · Score: 1

      The clones didn't expand the Mac market because they cannibalized Apple's sales rather than adding new customers.

      Revisionist BS, fixed, as the entire purpose of the clone program was to "expand the Mac market". But the cloners weren't "expanding the Mac market", they were selling to Apple's existing customers.

      The clone maker's designs had to be approved by Apple.

      Because they didn't did want shitty products bearing the Mac name.

      PowerComputing showed at trade shows several models in development that would have taken the Mac to new markets--but they could not get permission from Apple to sell them.

      G3 systems, which was right when the cloning program was killed off. But stop pretending that Apple didn't allow innovation - Daystar had a quad processing 604e system, something never produced by Apple.

    31. Re:No. by Anonymous Coward · · Score: 0

      Additionally, as long as Jobs is at the helm, this will never happen. He's made it very clear that Apple doesn't sell hardware or software, but rather the full experience provided by very good integration between the two.

      I agree with this: "...Apple doesn't sell hardware or software, but rather the full experience provided by very good integration between the two"

      Expanding the idea, almost no one expects Nokia, Motorola, etc., to separately sell the smartphones and the software that they run.

      So, if Apple won't sell me MacOS X, fine, then, I'll use Linux in my computers.

      Edited quote:

      One reason OS X is not on my Acer One is that I want to comply with the licensing terms. I could just pay for a license to use it, were it more important to me.

    32. Re:No. by Mordaximus · · Score: 1

      ...but when it gets it wrong (iTunes, iPhone as anything but a music phone) it gets it really wrong.

      I'm urged to ask - what they did wrong, heck even REALLY wrong? The iPhone is an unmitigated success - with one product they've displace Nokia in its own market - a market apple has only been in for two years. iTunes is part of that success story. The ecosystem they've developed, Apps, Moves, Music and TV Shows at a reasonable price, easily accessed, is exactly why Apple is the success it is today. You may not like iTunes, and you may wish the iPhone was something it's not. But what on earth did they get wrong?

  10. But will it run on a Psystar? by Jeremy+Erwin · · Score: 1

    10.6.2 would have been the perfect opportunity for Apple to muck around with its DRM-- though getting cocky might look bad in front of the judge.

  11. This is totally surprising! by MrCrassic · · Score: 1

    It's not like Apple uses every update to disable Hackintosh functionality, and the osx86 crack team finds the hole and fixes it.

    This will only surprise those that upgraded without doing any research or those that upgrade without reading this first.

  12. I'm back to Win 7 by Anonymous Coward · · Score: 0

    I've learnt an important thing about Apple over the past few years: they want to be worse than MS, but don't have the market share to do so. As they've increased in popularity over the past few years, they've done more restrictive things that MS would ever dream of. I'm fed up, and having installed Win 7 RTM a few weeks ago, I'm moving back to Windows for my main workstation. The servers will stay Linux, having moved a few years ago from FreeBSD.

    With Windows 7, there is really no reason to choose Apple over Microsoft except for the fashion statement.

    1. Re:I'm back to Win 7 by sbeckstead · · Score: 0, Flamebait

      With Windows 7, there is really no reason to choose Apple over Microsoft except for the fashion statement.
      Well except that Win 7 still has the virus protection to buy and the spyware protection to buy and the ... ad nauseum.

    2. Re:I'm back to Win 7 by Anonymous Coward · · Score: 0

      Wrong. You can get free virus/spyware protection from Microsoft now. Not only that there are quite a few free virus/spyware protection software packages around. Stop spreading FUD.

    3. Re:I'm back to Win 7 by h4rr4r · · Score: 1

      So your CPU cycles and IO are free?

    4. Re:I'm back to Win 7 by Anonymous Coward · · Score: 0

      (1) OS X and Windows are equally vulnerable to a determined cracker, both having published vulnerabilities and lack of published comprehensive peer-reviewed audits. If someone's actually targeting you, you're an idiot if you think "I use OS X" is any defence, and should instead be using end-to-end encryption, intrusion detection systems, etc.

      (2) This given, your anti-virus and anti-spyware are designed primarily to protect you from random crackers installing naughty things via well-spread naughtiness arriving to you via documents, e-mail, web pages, etc. Now, anything well-spread will be recognised by a major anti-virus app. So, if I install a good anti-virus app, I'm protected, whereas if I use the "well, I have a Mac" defence, I'm relying on it merely being *unlikely* that I hit Mac malware.

      Hope this helps your misconceptions about security.

    5. Re:I'm back to Win 7 by Anonymous Coward · · Score: 0

      Mac users are starting to get to the point of needing the same protections:
      http://it.slashdot.org/story/08/12/02/1314208/Apple-Quietly-Recommends-Antivirus-Software-For-Macs?art_pos=3

    6. Re:I'm back to Win 7 by sbeckstead · · Score: 1

      So you pay with CPU cycles instead of cash, well that's true if you don't spend the cash, no FUD there is no Uncertainty about it. Happy to spread Fear and Doubt though.

    7. Re:I'm back to Win 7 by sbeckstead · · Score: 1

      Sorry reality hasn't yet caught up with you there. Keep hoping though.

    8. Re:I'm back to Win 7 by Anonymous Coward · · Score: 0

      Your response lacks content. What exactly are you advocating, and how are you justifying it?

      (Win 7 on my Mac with Kaspersky is smoother than OS X without a/v, but let's disregard that and concentrate on security principles.)

    9. Re:I'm back to Win 7 by PRMan · · Score: 1

      Security Essentials uses about 1% of any modern CPU/HDD. It's a far cry from McAfee and Norton.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    10. Re:I'm back to Win 7 by cheekyboy · · Score: 1

      There are countless free for end user solutions, search and be free.
      avast,avg,spybot,enforcer

      --
      Liberty freedom are no1, not dicks in suits.
    11. Re:I'm back to Win 7 by Anonymous Coward · · Score: 0

      If I don't want CPU cycles wasted I'll certainly not choose eye-candy ObjC-based OS X and OS X versions of applications and plug-ins relatively unoptimized vs Windows.

      Hooking into the OS to detect and block suspicious activity is something I want and is not a waste, however, whatever the workstation OS. Also, good Windows AV is mature and optimised to the point of unnoticeable for day-to-day activity (think about what it has to do and how often, and contrast that with modern CPU power and general activity) - maybe your only experience of AV is ClamAV or the other OS X/Linux offerings.

  13. Mac OS X for generic machines. by jcr · · Score: 1

    If Apple offered an OS X license for non-Apple hardware, and priced it at whatever their margin is for a mid-range Mac, they'd be able to break into a lot of businesses where the customers don't get to pick their hardware. A lot of companies have company-wide purchasing contracts with Dell or HP, and the typical user doesn't have the authority to buy anything different. A lot of those same people though, could spend $500 for a software package on their own authority.

    That being said, Apple still has to consider Microsoft when deciding whether to do this. If Apple offered Mac OS X on generic hardware, you can bet that MS would pull the plug on all Mac products immediately. Maybe we'll see this happen when iWork is ready to replace MS Office, but not yet.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Mac OS X for generic machines. by Too+Many+Secrets · · Score: 0

      What do you think the subset is of companies that have company wide purchase contracts with HP or dell and yet still allow their users to install an alternate os?

    2. Re:Mac OS X for generic machines. by sbeckstead · · Score: 1

      The expense of adding the support personnel to handle the 9 million driver problems that pop up and the stupid little proprietary pieces of kit on the motherboards are not really worth the effort. Hardware and software from one source, I KNOW who to scream at when it doesn't work! If you like the OS so much buy the hardware, if you don't buy the hardware you don't get the OS you want. It's that simple. The myth that it's vastly overpriced just gos to show how lazy the person perpetuating that myth is.

    3. Re:Mac OS X for generic machines. by jcr · · Score: 1

      I don't have hard data on it, but it doesn't need to be a terribly high percentage to be worth doing.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:Mac OS X for generic machines. by jcr · · Score: 1

      The expense of adding the support personnel to handle the 9 million driver problems that pop up and the stupid little proprietary pieces of kit on the motherboards are not really worth the effort.

      Well, back in the OpenStep days, NeXT published a shopping list of what hardware they supported. They wouldn't have to promise to support everything the way that MS does. IIRC, they sold OpenStep 4.2 for $800 for a user seat, and $1500 for a developer seat.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:Mac OS X for generic machines. by dissy · · Score: 1

      If Apple offered an OS X license for non-Apple hardware, and priced it at whatever their margin is for a mid-range Mac, they'd be able to break into a lot of businesses where the customers don't get to pick their hardware.

      It would be pretty hard for Apple to break into another market, if Apple is out of business :}

      They have licensed Mac OS before, so we know exactly what the outcome of that would be.

    6. Re:Mac OS X for generic machines. by jcr · · Score: 1

      They have licensed Mac OS before, so we know exactly what the outcome of that would be.

      They licensed it before on terms that weren't profitable to Apple. Who says that's the only way it can be done?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:Mac OS X for generic machines. by DragonWriter · · Score: 1

      They have licensed Mac OS before, so we know exactly what the outcome of that would be.

      Right, because its impossible for changes in either the licensing model or the environment in which the licensing model is applied to have any effect on the outcome: if they license MacOS separate from Apple hardware, the results must be exactly the same as the time they did it in the past, no matter what the market situation is like at the time, and no matter how they manage the separate licensing.

    8. Re:Mac OS X for generic machines. by prockcore · · Score: 1

      They have licensed Mac OS before, so we know exactly what the outcome of that would be.

      This gets said a lot, but is it really true? Ask any Apple user what they think of John Scully, and they'll spit on your shoes... yet Scully raised Apple's sales from $800 million to $8 billion.

      Who is to say that licensing Mac OS didn't save the company?

    9. Re:Mac OS X for generic machines. by gyrogeerloose · · Score: 1

      back in the OpenStep days, NeXT published a shopping list of what hardware they supported.

      That's because, by that time, NeXT had ceased trying to be a hardware company and was strictly in the business of licensing software much the same way Microsoft does. Apple does not operate on the same business plan--they make their money selling hardware.

      --
      This ain't rocket surgery.
    10. Re:Mac OS X for generic machines. by Anonymous Coward · · Score: 0

      Microsoft doesn't really care if you run Windows or Mac OS on your generic hardware. Chances are you already payed the Microsoft tax, and you might even buy Office for Mac. Hell, some people might dual-boot and have Office for Windows and Mac. Then they make even more money.

    11. Re:Mac OS X for generic machines. by jcr · · Score: 1

      Microsoft doesn't really care if you run Windows or Mac OS on your generic hardware

      Guess again. They pulled out all the stops to kill BeOS. They're very concerned about alternatives to windows.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    12. Re:Mac OS X for generic machines. by Gizzmonic · · Score: 1

      Well, back in the OpenStep days, NeXT published a shopping list of what hardware they supported. They wouldn't have to promise to support everything the way that MS does. IIRC, they sold OpenStep 4.2 for $800 for a user seat, and $1500 for a developer seat.

      Yeah, and now NeXT is king of the computer world?

      Oh no, I mean they went bankrupt and had to be rescued by Apple (which in turn rescued Apple). No, I don't think emulating NeXT business practices is the ticket to greater profits for Apple.

      --
      (-1, Raw and Uncut is the only way to read)
    13. Re:Mac OS X for generic machines. by jcr · · Score: 4, Informative

      Yeah, and now NeXT is king of the computer world?

      Not king, but alive and gaining market share at a pretty good clip, not to mention an enviable position in smart phones.

      I mean they went bankrupt and had to be rescued by Apple

      NeXT didn't go bankrupt, they were operating profitably and sold out for about $400M.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    14. Re:Mac OS X for generic machines. by Patrick+Fisher · · Score: 0

      Did NeXT sell to Apple, or did Apple sell to NeXT? Consider what Apple has become before you answer that.

    15. Re:Mac OS X for generic machines. by Anonymous Coward · · Score: 0

      Yeah, and now NeXT is king of the computer world?

      Not king, but alive and gaining market share at a pretty good clip, not to mention an enviable position in smart phones.

      I mean they went bankrupt and had to be rescued by Apple

      NeXT didn't go bankrupt, they were operating profitably and sold out for about $400M.

      -jcr

      Don't you mean they were paid $400M to buy out Apple? Current Apples are NeXT boxes with Apple logos.

    16. Re:Mac OS X for generic machines. by dotgain · · Score: 1

      Don't you mean they were paid $400M to buy out Apple? Current Apples are NeXT boxes with Apple logos.

      And a peek at any Cocoa source code will back that up. Any class beginning with the initials NS is a NextStep class.

    17. Re:Mac OS X for generic machines. by Gizzmonic · · Score: 1

      NeXT didn't go bankrupt, they were operating profitably and sold out for about $400M.

      Wrong...and even if that were true, the writing was on the wall. Take a look at Sun or SGI if you want to see what NeXT would have become it they didn't sell out to Apple. (Or more accurately, if Gassé didn't get greedy and ask for too much for Be).

      From a technical standpoint, of course you are correct. But from a business, financial, and marketing standpoint, Apple bought out NeXT. The market for a NeXT computer and an Apple computer were and are totally different.

      --
      (-1, Raw and Uncut is the only way to read)
    18. Re:Mac OS X for generic machines. by jcr · · Score: 1

      Go look up the definition of bankruptcy. Then, try to show me any record of any such legal proceeding against NeXT. QED.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    19. Re:Mac OS X for generic machines. by jcr · · Score: 1

      Who is to say that licensing Mac OS didn't save the company?

      Anyone who's familiar with the sequence of events, that's who. Licensing wasn't started until Apple had already started declining, and when SJ came in, his team looked over the numbers and determined that licensing was bleeding Apple to death.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  14. Um... by TheSpoom · · Score: 2, Insightful

    Apple makes its money from its (vastly overpriced) hardware. To do this, it creates nice, shiny software, and then deadbolts it as much as it can to the hardware, so people will pay the extra price for the hardware in order to get the software.

    Selling the software individually would allow their competition to massively undercut them, and would enable customers to (rightly) ask why they should bother to pay extra for Apple's shiny hardware when X Hackintosh does exactly the same thing for much much less.

    It's not exactly rocket science here. Apple knows where the money is, and individually licensing the software isn't it.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Um... by mini+me · · Score: 0

      Who says the hardware is overpriced? Maybe Apple charges $499 for OS X itself? If there were OS X for the PC, I am sure it would be in that price range. That would put the Mini at around $100. A pretty decent price for the hardware, no?

    2. Re:Um... by mario_grgic · · Score: 2, Interesting

      I don't know about the vastly overpriced bit. I think Apple charges a fair price for the hardware, and no one as of yet has come up with something as well put together and stylish and sturdy or classy as Macbook Pro, or Mac Pro at ANY price.

      Even if I were in a market for Windows laptop, I would still buy a Macbook Pro. I don't know of a single Mac specific application on the other hand that would make me choose mac over PC. But, on the other hand, overall user experience is completely different in OS X and coupled with Apple hardware is quite a pleasant experience. As a matter of fact, I can't remember the last time I enjoyed my computer so much as my current Mac Pro (perhaps when I was a child and had an Amiga), and that tells you something.

      --
      As the island of our knowledge grows, so does the shore of our ignorance.
    3. Re:Um... by Anonymous Coward · · Score: 3, Funny

      In the same way that a Trabant does exactly the same thing as a Lexus.

    4. Re:Um... by Anonymous Coward · · Score: 0

      As has been repeated ad-infinitum, this is no longer true (at the very least, not nearly as true as it used to be) since the switch to Intel processors.

      In 2006.

    5. Re:Um... by GlassHeart · · Score: 5, Insightful

      Apple knows where the money is, and individually licensing the software isn't it.

      To be more precise, individually licensing the software for $129 isn't it. If Apple could charge $400 for MacOS X, perhaps it'd be worthwhile. The problem is that the people who loudly proclaim they'll happily pay for a license will probably hide back into their basements, and pirate a copy instead, because the price they were willing to pay was the one subsidized by "vastly overpriced" hardware.

    6. Re:Um... by syousef · · Score: 1

      Selling the software individually would allow their competition to massively undercut them, and would enable customers to (rightly) ask why they should bother to pay extra for Apple's shiny hardware when X Hackintosh does exactly the same thing for much much less.

      In other words they're behaving anti-competitively.

      --
      These posts express my own personal views, not those of my employer
    7. Re:Um... by failedlogic · · Score: 1

      I've been reading some of the posts on other websites as well as Slashdot on the subject of the Hackintoshes and the new Atom Processor restriction.

      There are several themes that come up in opposition to Apple's practices. Some of these arguments are they can't enforce the EULA after sale even when you can't read EULA at time of sale. This they say is a restriction of sale. And the second is that hardware is Apple's main source of profit and it is within Apple's interest to stay profitable (duh!).

      Printers seem to have(had) the same type of restriction. Buy the printer at a loss for the manufacturer only to buy their expensive refills to help them stay profitable. Now some of the printer manufacturers were preventing consumers from buying recycled or refilled cartridges (through HW and SW). If I recall major printer manufacturers lost a lawsuit over this restriction. Apple is also using this type of EULA and HW/SW restriction.

      Another theme is that if you Hackintosh, you're robbing Apple's coffers. Take too much away and they won't be able to afford or justify developing OSX. So if you like Apple you should pay full price for OSX and a Mac and fill their piggy banks. Now if you're a good Apple consumer you've already bought a Mac (so Apple makes a profit from you) and in buying Snow Leopard you're keeping them in the green because you already bought their HW.

      I think a good counterargument to this is game consoles. Console makers generally sell their hardware at a loss to later recoup in software sales and merchandise. So, if you really like your console you should at least buy enough games for the manufacturer to turn a profit. Except that in Nintendo's case many are just buying Wii one or two games and that's it. Nintendo is losing money. Ditto Sony if some people are only buying the PS3 as a (cheap) Blu-Ray player.

      So I'd ask to clarify,
      How is the hackintosh different, legally, that the restrictions the printer manufacturers tried to impose on consumers? You don't agree to buy, in the future, that manufacturers' toner at the time of purchase.

      And if the argument by Apple is to protect their profit margins, then how is this any different then the game console argument? Consumers only want access to what they want they (probably) don't care if the company stays profitable. Seems like a fair rule of the markets and Capitalism.

    8. Re:Um... by Anonymous Coward · · Score: 0

      Hi. world's richest man here. You are wrong.

      Regards,
      Bill Gates.

    9. Re:Um... by sitarlo · · Score: 1

      Apple makes its money from its (vastly overpriced) hardware.

      Go to an Apple store and play around on the 27" iMac, then go to Best Buy and find any PC that is comparable (just as nicely built, just as quiet, just as slim, just as cool in temperature, just as powerful, and just as well supported). If you find one, and I don't think you will, the price will be the same or more than the iMac. Apple hardware IS expensive, but most of it isn't overpriced. People need to remember that Apple *intends* for the average Joe to use PCs. It's what sets Apple users apart as an elitist class of computer users (and Apple feeds this perception with things like "I'm a Mac, and I'm a PC" commercials). One could say that Honda minivans are overpriced, but they aren't. They are expensive yet they have the highest customer satisfaction ratings and so does Apple. In economics there is the notion of inferior goods. PCs and Windows fall into this category. Being inferior is what allows them to be sold to a massive market. Apple has also done an amazing economic trick in making Apple hardware capable of running Windows. This means that Apple is a substitute for a PC, but a PC isn't a substitute for Apple. This is why Apple's market share is going up, while PC oriented companies are falling into perfect competition where nobody is growing.

    10. Re:Um... by danlip · · Score: 1

      Apple makes its money from its (vastly overpriced) hardware.

      Vastly overpriced? They are pricey, but you get a very good quality product and truly incredible customer service. When they couldn't replace the screen on my PowerBook in a timely fashion (it would have taken 2 weeks to get the part) they offered my a completely new MacBook Pro for free. They offered, I didn't even have to ask. And I was just a month shy of the 3 year extended warranty, so my initial investment has gotten me 2 computers and lasted 4.5 years. I have never had a PC laptop last half that long, so they may cost half as much (if you go really low end), but your total cost of ownership over time is more. They completely replaced the guts of my wife's laptop (everything but the case and screen) for free. They'll replace just about anything they even suspect it's defective with no hesitation. In contrast I had to send my HP in twice before they replaced an obviously bad hard drive.

    11. Re:Um... by Anonymous Coward · · Score: 0

      $300 *is* vastly overpriced in this day and age for a 1TB drive. I can buy 3 of them for that price. I'm pretty sure Apple doesn't have magical 1TB drives that are worth 3x the markup.

    12. Re:Um... by DDLKermit007 · · Score: 1

      Nintendo isn't losing money. They make money off every console they sell. If people buy a Wii just for Wii Sports that comes with it, they could care less. They just paid $200 for Wii Sports!

    13. Re:Um... by indiechild · · Score: 3, Insightful

      For proof, just compare the price of retail Windows 7 and Snow Leopard. Mac OS X is clearly subsidised by Apple hardware sales.

    14. Re:Um... by Anonymous Coward · · Score: 0

      Apple knows where the money is, and individually licensing the software isn't it.

      I think Microsoft, Oracle, and a number of other companies would like a word with you

    15. Re:Um... by Anonymous Coward · · Score: 1, Interesting

      They're vastly overpriced, and you're lying to yourself to deny it.

      Average PC laptops have 3% markup in retail (sale laptops are often sold below cost).

      As of September of this year (the last time I looked at our margins for notebooks), our macs ran between 13 and 17% markup.

      Don't get me wrong, they're nicer than any other laptop I've ever used, but they're priced as any other designer merchandise.

    16. Re:Um... by TheSpoom · · Score: 1

      Microsoft's business is very, very different from Apple's. They've always been in software, so they don't have to worry about alienating a customer base that expects a certain level of exclusivity, or risking their hardware division by licensing the OS individually, like Apple does.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    17. Re:Um... by TheSpoom · · Score: 1

      You go ahead and think that if it makes you feel better about your purchase.

      I'll keep using Ubuntu Linux and observing the OS battle from my nice, comfortable, productive, working, shiny, 3D desktop-enabled position, which I ultimately got for free.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    18. Re:Um... by TheSpoom · · Score: 1

      People are taking my argument far too generally. It doesn't make sense for Apple. Of course a company can make money off of software, but Apple is in a unique position in that their hardware is the far more lucrative market given their customer base.

      That said, I feel that selling licenses to software will ultimately die out in the next ten to fifteen years, followed by a shift to software as a service for another decade or so, followed by the abandonment of copyright altogether. But that's neither here nor there. :^)

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    19. Re:Um... by robertrydberg · · Score: 1

      E. Debs, But Apple does NOT have a netbook nor intends to produce one. There is no competition with Apple products. Am I missing something?

    20. Re:Um... by StackedCrooked · · Score: 1

      The single Mac application the might make me choose Mac over PC would be Terminal (over cmd.exe).

    21. Re:Um... by Anonymous Coward · · Score: 2, Insightful

      Exactly. Other people have pointed out Apple's attempt to license their OS to other hardware manufacturers and how badly that worked out. And in a way, Apple (or more precisely, Jobs) has also experimented with selling the $400 "OS only" solution -- i.e. NextStep. It didn't work out all that great either.

      From a business point of view I understand why they are doing it the way they are, and I do appreciate that they (so far) haven't resorted to anything as absurd as Windows "Genuine Advantage" to keep it that way. But I wish they would allow for the possibility of a small number of people hacking things together, even if it is officially unapproved, as long as they are buying an genuine OS license. Tying it down to hardware or upping the OS price would be a pain if you do own Apple hardware.

    22. Re:Um... by Anonymous Coward · · Score: 0

      I believe you will find that the markup normally ends up to whoever controls the scarcity. In typical laptop sales the scarcity is not in retail location or hardware, it is Windows. Take a look at Microsoft profit margins.

      Macs may well work differently, but if you think there's no markup in (Windows) PCs, you're delusional.

    23. Re:Um... by Anonymous Coward · · Score: 0

      This post was an epic failure from the start. The overpriced mac theory is a dead horse ... beaten to death 1000000000 times.

      Yes for some the available hardware is overkill, I wish they made a laptop that was around $600-700.

      But for others I guarantee your lower cost hackintosh can not do the same things as the high end macs. Whether it's an easy test such as mastering 2 channel audio at higher sample rates/bits or something more hearty like editing HD video your hackintosh won't cut it.

      The hardware lock does a lot for stability and usability. Why would we want a third OS to complain about (after Windows and Linux)?

    24. Re:Um... by sam0vi · · Score: 1

      Apple knows where the money is, and individually licensing the software isn't it.

      Really?? Tell that to Microsoft. They might not agree.

      --
      When my Karma level reaches 0 I feel in piece with the Universe
    25. Re:Um... by mario_grgic · · Score: 1

      Well that goes without saying. I work for a company that make bash, ksh, zsh , csh etc for Windows (among other products), and a port of slew of UNIX command line utilities including our own vanilla vi, so I use UNIX shells even on Windows.

      On my Macs at home, I always have terminal window open. It's the best way to interact with the computer.

      But UNIX terminal is not unique to Mac. It's available on any UNIX, I was talking about compelling applications that are unique to Mac. Some people mention Final Cut Pro, but I find Adobe Video Production Suite to be more capable.

      But what got me over to Mac and OS X is that it's an incredibly well put together machine, great UNIX OS that can run Photoshop and that is does indeed just work (as advertised).

      --
      As the island of our knowledge grows, so does the shore of our ignorance.
    26. Re:Um... by gzunk · · Score: 1

      I was right with you until the bit about Nintendo losing money. That's false, therefore I don't know what other parts of your comment are also false, and I'm simply too uninformed to know.

    27. Re:Um... by sitarlo · · Score: 1

      Ubuntu is cool. I run Ubuntu on my Mac along with Windows and Solaris. It's great, but not even in the same league as OSX which I also got for free with my hardware. I do feel good about my purchase. I spent $2500 for an iMac and another $1500 for a MacBook. In the last year I've made tens of thousands selling games on the app store. I think my investment was sound.

    28. Re:Um... by Anonymous Coward · · Score: 0

      I hope you got paid to post that.

      Otherwise, its just sad that someone would pour out that drivel and actually believe it. Apples are overpriced garbage, with yellowing plastic, broken hinges, exploding batteries, and blown capacitors, but their marketing/brainwashing is second to none. Case in point: you.

    29. Re:Um... by intheshelter · · Score: 1

      I hope you got paid to post THAT! Your post is so ridiculous it defies explanation. The issues you refer to are all EXTREMELY limited in scope, but like any manufacturer they do have some issues. Fortunately they take care of their customers with industry leading (for several years now) customer support and customer satisfaction.

      Now, let's return to your FUD train. . . .

    30. Re:Um... by Anonymous Coward · · Score: 0

      I think Apple charges a fair price for the hardware

      I've always said Apple overcharges so decided to see if that was actually the case. Went on newegg just now and priced out the core components (graphics, cpu, memory, hdd, monitor) and am right now at $500 to the comparable entry-level iMac which is $1200. Of course we are still lacking case, psu, mobo, keyboard, mouse, and wifi if needed. All together pending quality of those components it would be easy to vastly undershoot or overshoot $1200.

      However there is another advantage aside from cost that the PC would have over the Mac which is upgrading. Decide you want the handful of Mac games out there to look a little better? Tough luck, Apple has no graphics upgrade paths outside of buying a newer more powerful system. Like that old but so true fake Mac commercial stated, "upgrading is easy too, I just put my Mac in its box, throw it away, and buy a new one!"

    31. Re:Um... by Anonymous Coward · · Score: 0

      > I don't know of a single Mac specific application on the other hand that would make me choose mac over PC

      Then maybe you don't do much with your Mac. Try more Mac specific software to GET STUFF DONE, eg:
      iLife (iPhoto, iMovie, iDVD, Garage Band, iWeb)
      iWork (Pages, Numbers)
      Aperture
      Final Cut Studio (Final Cut Pro 7, Motion 4, Soundtrack Pro 3, Color 1.5, Compressor 3.5, DVD Studio Pro 4)
      Logic Studio,
      Xcode + apps,
      TextMate,
      Transmit,
      OmniGraffle Pro,
      OmniPlan,
      OmniOutliner,
      Merlin,
      NovaMind ..plus the built in stuff
      Time Machine, Safari, Mail, iChat, AddressBook, iCal, iSync, Preview, Dictionary, Terminal ..plus the thousands of fantastic Indie apps, eg. SousChef, Things, Acorn, tranquility, 1Password, NetNewsWire, Capo, Delicious Library, Carbon Copy Cloner, GrandPerspective, HandBrake, ScreenFlow, CSSEdit

      I can't imagine ever having to use a personal computer that is not OS X on a slim 17" laptop. That's time to herd goats.

    32. Re:Um... by Uberbah · · Score: 1

      It's only free if your time is worthless. If you make decent money, spending so much as a day messing around with your Linux box and your cost savings are out the window.

    33. Re:Um... by Uberbah · · Score: 1

      That and the fact that Microsoft has an OS monopoly and an office suite monopoly to rely on - Apple, not so much.

  15. Raises The Sell OS X Standalone Question. Really? by DannyO152 · · Score: 1

    Because the answer is no. Why increase support and development costs? Why go head to head with Microsoft when, as the world is today, Microsoft will win. Why make it easy for someone to have the "experience" without buying the iron? Why make it easier for Dell, HP, or Lenovo to sell their pcs? Because hackintoshers may have hurt feelings?

    That was the last question this news item could possibly raise.

  16. What is the problem by fluch · · Score: 1

    If you want to have Mac OS X, by an iMac or MBP 13". I never understood people who wanted to have Mac OS X on a tiny cheap bad quality laptop. Macs are not so much more expensive if you take into account what kind of hardware you get (and I do not mean just the computing power but the over all quality of the product).

    1. Re:What is the problem by Anonymous Coward · · Score: 0

      Oh, please. Macs are made in the same Chinese plants and from the same components as Dells, Lenovos, HPs, and the like. Apple hasn't used "premium hardware" since the 68K and PPC days. Now they're using the same consumer commodity hardware everyone else is, sexing it up a little, and charging double. Posting AC because the fanboy parade will be in to mod this into the ground in 5, 4, 3 . . .

    2. Re:What is the problem by betterunixthanunix · · Score: 1

      Funny, my Dell notebook has not failed me once since I bought it. Why should I pay inflated prices for (at best) equally reliable hardware from Apple? I do not personally want to run OS X (proprietary), but I know plenty of people who do and who really cannot afford the ridiculous prices Apple is demanding for its hardware. OS X is a decent operating system; why should people be forced to pay for a specially branded computer just so they can run that system?

      I understand that Apple is trying to create an artificial market where it can thrive, but do not confuse that with "sensible." I know that Apple does not give a damn about people who do not want to spend money on the whole "Apple package," but those people do actually exist.

      --
      Palm trees and 8
    3. Re:What is the problem by h4rr4r · · Score: 1

      Macs are made by FOXCONN, the same folks who make dell parts. Macs have been the same consumer desktop crap in a shiny white case for a long time now.

    4. Re:What is the problem by mario_grgic · · Score: 1

      And people who mention "failed" when talking about hardware completely miss the point of what people mean when they say "overall build quality". It's really the refinement taken to extreme, rather than shear build quality. It's attention to detail, the fact that someone has thought about every single little detail of your laptop case, keyboard, trackpad, position of ports, how it feels in your hand, on your lap, how sturdy and solid it feels, how it doesn't have million things written on each key etc. or on the chassis, and the fact that it is built from metal, etc.

      It's the kind of thing (refinement) that allows say BMW to charge 2 times as much for their sedans than some other manufacturers for the same class of car. And obviously only the person that cares and sees the value in these things will choose one over the other.

      --
      As the island of our knowledge grows, so does the shore of our ignorance.
    5. Re:What is the problem by h4rr4r · · Score: 1

      How funny that you brought up BMW, much like apple their build quality these days is no better than Toyota/Dell. Face it these things are sold based on image, brand and the like.

      At one time these brands meant something, but like Sony and Levi they are riding on their good name and not much else. /Likes old BMWs and old mac hardware

    6. Re:What is the problem by Anonymous Coward · · Score: 0

      I like how non-Apple product = cheap, bad quality.

    7. Re:What is the problem by Totenglocke · · Score: 1

      It's the kind of thing (refinement) that allows say BMW to charge 2 times as much for their sedans than some other manufacturers for the same class of car.

      Bullshit. Show me prices on this. And no, a mid-size car from Chevy or Honda is not "the same class of car" - BMW makes luxury sports cars. Their prices are pretty much dead on with their actual competition (such as Audi). The cheaper cars may be the same SIZE car, but they are nowhere near the same class performance or luxury wise.

      The same goes for Apple. On identical hardware (low to mid-range, not the uber high end), they charge 2-3x as much. I WANT a Macbook Pro (mainly for the hardware, OS X is fine, but nothing special), but for the prices of a Macbook Pro I can put down a decent downpayment on a car. Or look at a Mac Pro - those computers cost AS MUCH as a car. I own multiple Apple products, so I've got nothing against Apple. But to try to claim that they don't massively over price their products is a joke.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    8. Re:What is the problem by mario_grgic · · Score: 1

      As you have so eloquently put it, overpriced is a matter of perception. If you don't see the value in the product, and think the price is not fare, then you don't buy it.

      Some of us see the value, and are ready to pay the small price. I have priced the same Dell configured as my Mac Pro (I eventually built 2 times 2.8 GHz Xeons (8 core), 32 GB of RAM, nVidia 8800 GT, 4 internal hard drives for 2 TB of storage, 30'' Apple cinema display, but I bought memory and hard drives later) and it ends up costing more. And with Dell you get a plastic case, and the computer sounds like a helicopter taking off (a guy at my work has one similarly configured), and even worse you get to run Windows on your Dell.

      My Mac Pro is whisper quiet, aluminum case, very accessible, and that matters a lot to me (I used to build my own "quiet" PCs and used to spend $5000 on them, and never got something as quiet and as powerful).

      So for CAD$7000 I got my dream machine, and since I'm a developer and spend 16 hours a day next to my computer, it matters a lot to me what kind of computer it is.

      Obviously, this is not true for everyone.

      --
      As the island of our knowledge grows, so does the shore of our ignorance.
  17. "Apple Labeled" License Compliance by appleguru · · Score: 1

    Its hardly been tested in court, but it'd seem that my Dell Mini 9 with an apple sticker on the back qualifies as an "Apple Labeled Computer", especially since the apple sticker came from apple and shipped with my macbook pro.

    This would satisfy the EULA agreement for OS X versions 10.5 and lower. They changed the wording in the 10.6 agreement to be "Apple Branded," which makes it a bit more difficult for a non-apple machine to qualify. That said, it all comes down to how you define "labeled" and "branded" ;-)

    1. Re:"Apple Labeled" License Compliance by Anonymous Coward · · Score: 1, Interesting

      I have a branding iron shaped like an apple. Shall we install OSX on a cow?

    2. Re:"Apple Labeled" License Compliance by sbeckstead · · Score: 1

      If in fact you are an authorized agent of Apple to claim that you put the sticker there with Apple's corporate permission you would have a case. Otherwise, you lose!

    3. Re:"Apple Labeled" License Compliance by Anonymous Coward · · Score: 0

      After branding, the cow would get smug and would only dispense non-fat foamed chocolate milk.

    4. Re:"Apple Labeled" License Compliance by mr_matticus · · Score: 1

      "Label" is a term of art referring to the affixation of a mark. It means "an informative display of written or graphic matter, such as a logo, title, or similar marking, affixed to goods or services to identify their source." (Black's, 8th Ed.) The label need not be a trademark, but it often is.

      Your Apple sticker does not identify the machine as Apple-sourced, nor was the machine affixed as such by Apple. It is therefore not Apple-labeled, no matter how many stickers you slap on it. It has been tested in court, many times, and comes up quite often in counterfeit goods cases.

      That qualifies as a "nice try" defense, though.

    5. Re:"Apple Labeled" License Compliance by Anonymous Coward · · Score: 0

      And would shun the bulls, being only interested in other cows.

    6. Re:"Apple Labeled" License Compliance by appleguru · · Score: 1

      I'm not saying you'd win, as obviously the intent is to prevent running the software on non-apple machines, but the language is sufficiently vague that you'd have a case. To me, and to the "average" person, "labelling" something involves putting a label on it. "Apple Labelled", to me, means something labeled as "Apple". Not *by* Apple, but *as* Apple. Indeed, only Apple or an authorized agent could label something "by Apple". But anyone can label something "as Apple". If I put the Apple sticker on my car is in fact, under any reasonable English definition, "Apple Labeled". This is the distinction that the changed wording avoids.

  18. A tale of contrasts. by juuri · · Score: 1

    Apple is a weird company. On the one hand you have many parts of it which work on open concepts, even encourage them and contribute. On the other you have what appears to be an old contingent of assholes who in any attempt to maintain relevant within the growing beast that is Apple (not Apple Computer) do anything they can to wrestle the slightest bit of profit or just be dicks in general.

    I am a huge fan of OSX as a client OS and have been a fan ever since NeXT "bought" Apple. The laptops are great gear and some of their ideas for media consumption are still unmatched. However Apple the company is becoming harder to stomach for me personally as they become the big kids on the block, unafraid of quickly fading into irreverence like they were only half a decade ago, throwing their weight around, "just cuz". This is a perfect example as disabling support for the Atom is an *active* change that affords the company absolutely nothing.

    --
    --- I do not moderate.
    1. Re:A tale of contrasts. by bnenning · · Score: 1

      Right. I love their engineering, and increasingly dislike their marketing and business side.

      This is a perfect example as disabling support for the Atom is an *active* change that affords the company absolutely nothing.

      That depends. If the change was to remove "dead" code that was specifically there for the Atom (created when they were considering doing a netbook) then it's entirely reasonable. If somebody was actually ordered to go write code like "if (cpu_type==ATOM) {fail();}", then that's crappy.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:A tale of contrasts. by koiransuklaa · · Score: 1

      Atom is fully compatible with the x86 instruction set so they will have to actively prevent Atom CPUs.

  19. Raises a question? by MBCook · · Score: 5, Insightful

    But, it raises the question: is it time for Apple to sell a license for non-Apple hardware — priced accordingly of course[...]

    No it doesn't! You did. YOU want that, so YOU asked it. It isn't inherit to the facts. An inherent question would be "If Apple isn't support them Atom, then what chip will they use for [speculated product]?"

    The statement in the summary is equivalent to:

    Today ADM said it will no longer sell soybeans to people with the letter 'R' in their name. That raises the question - shouldn't ADM make soybeans that taste like root beer?

    "Apple stops supporting something it never supported". What a story. Is anyone surprised? In fact, since hackintoshes are almost certainly eating into Apple's hardware sales (maybe not by much, but they must), this is an obvious thing to do. Why maintain support for something you don't use and is probably causing you some financial harm.

    I remember with Apple stopped shipping drivers VESA Local Bus sound cards and the internet went NUTS. Same when Dell stopped shipping PPC drivers with their Xeon servers.

    No, wait, Apple never officially supported those (if they had existed), and Dell didn't tell people they would ship PPC drivers with Xeons, so no one was surprised.

    How dare Apple stop supporting unsupported hardware for people who aren't paying Apple for the software they may have simply stolen?

    Come on. I know people on /. want to be able to put OS X on any computer... but is this really a surprise? This isn't much of a story, it's just another excuse for the licensing/purchasing/monopoly/first-sale debate we have in every Apple article.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:Raises a question? by drsmithy · · Score: 3, Insightful

      In fact, since hackintoshes are almost certainly eating into Apple's hardware sales (maybe not by much, but they must), [...]

      Not true.

      Indeed, that the majority of Hackintoshes seem to be for market segments Apple has no presence, or are explicitly refusing user demand, in, then it's hard to see how anyone could argue they "must" be "eating into Apple's hardware sales".

    2. Re:Raises a question? by MBCook · · Score: 1

      It simply has to be. There must be people who are doing it because it's cheaper than a real Mac. I'm not arguing they're losing $20,000,000 a year, but there is no way it's $0. I wouldn't be surprised if it was hundreds of Macs a year.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    3. Re:Raises a question? by Anonymous Coward · · Score: 1, Insightful

      Not supporting it is one thing. Breaking it on purpose is something else and is what they're talking about here.

    4. Re:Raises a question? by gbarules2999 · · Score: 4, Insightful

      They blocked hardware - in this case, the Atom processor. That's not the same as "stop the support" of the hardware. They went out of their way to make sure it didn't work. That's different from dropping drivers or support.

    5. Re:Raises a question? by kc8apf · · Score: 2, Interesting

      Prove that they intentionally blocked it. You are assuming that since the new version no longer boots on it, they intentionally blocked it. The more likely case is that they simply removed the support for it.

      --
      kc8apf
    6. Re:Raises a question? by Anonymous Coward · · Score: 0

      There's a big difference between not supporting something and actively blocking it.

      It does raise the question regarding selling a separate OSX License. It also raises the question regarding selling a netbook. If enough people are hackintoshing that Apple feel the need to actively block them there's obviously *some* kind of market there?

    7. Re:Raises a question? by Anonymous Coward · · Score: 0

      Who the hell said Apple had to support it?! This isn't a move a that improves anybodies circumstances, except Apples. It does nothing for any of their customers, and in fact harms people who have bought legit copies of the Software and decided to make their own hardware solution.

      This move doesn't even have the same moral defense they have against Psystar and other clone manufacturers. This isn't just about people who want to make money off Apple re-sales now. This is move against hobbyists, against legit customers who wanted to use their product a little differently to what it says on the box. This is the same as Nintendo blocking homebrew channels and as MS blocking 3rd party hard-drives.

      I understand you over-reaction to Apple criticism given the average opinion of Apple on Slashdot - but this is NOT an action worth defending. Regardless of your love for the company - in fact because of your love for the company, open you eyes to what this move really means and let them know that its nothing but petty cruelty.

    8. Re:Raises a question? by Jay+Clay · · Score: 1

      Personal judgments do not take the preponderance of evidence that a court does, so the "prove it" rebuttal doesn't make sense. There's legitimate cause to believe this was intentionally done, regardless of calling it "removing support" or blocking or whatever. And that's a pretty cruddy thing to do in my opinion, even if they have the right and business reason to do so.

    9. Re:Raises a question? by drsmithy · · Score: 1

      It simply has to be. There must be people who are doing it because it's cheaper than a real Mac.

      Which suggests they wouldn't otherwise have bought a Mac because it was too expensive.

    10. Re:Raises a question? by blackchiney · · Score: 1

      To know that you would have to have access to their source code and developers. I had a hackintosh running on a Pentium D that doesn't work in 10.5 or 10.6 but it worked in 10.4. Something changed in the kernel, my PC wasn't supported, but I wouldn't go so far as saying that Apple sabotaged Pentium D owners.

    11. Re:Raises a question? by kc8apf · · Score: 1

      I worked closely with the kernel and firmware engineers at Apple for the last 4 years. They have never intentionally disabled any hacks, unlocks, or unofficially supported hardware. The changes that cause them to stop working were done solely to fix other bugs or to enable new features. It's not vindictive. I know, I helped make some of those decisions.

      --
      kc8apf
    12. Re:Raises a question? by Anonymous Coward · · Score: 0

      I have an old IBM RS/6000 CHRP machine that WOULD have run OS 8, except that Apple restricted it away. Kind of Ironic, as the old Apple Workgroup Servers mostly ran on AIX, and the IBM box will run both AIX and Windows NT just fine.

      So, next time you get on Slashdot and gush about how evil Microsoft is for being closed and terrible, and how wonderful Apple is for being open and good, try to remember that It's mostly the other way around.

    13. Re:Raises a question? by Anonymous Coward · · Score: 0

      It won't be long before a patched kernel will unblock them.

    14. Re:Raises a question? by Anonymous Coward · · Score: 0

      You want people to use english properly? Continue to teach grammar and spelling in schools instead of switching entirely over to literature only after a specific point. Clearly they don't go far enough as it is.

    15. Re:Raises a question? by Uberbah · · Score: 1

      Which suggests they wouldn't otherwise have bought a Mac because it was too expensive.

      Or because Apple has a couple of big holes in their product line: netbooks and midrange towers. I want to put five drives in a case without having to pay for a quad core Xeon.

    16. Re:Raises a question? by Anonymous Coward · · Score: 0

      As a hackintosh user, and owner of 4 other Macs, I can tell you that it isn't really eating into Mac market share. What people generally use the hacks for are things that Apple does not do. My hack is a netbook. Apple does not make netbooks. My other alternative to what I wanted to use it for (which was some rather esoteric video networking) was to buy an Apple TV and hack THAT. Since I already own an Apple TV (yes, I do love me my Macs) I went with playing with new hardware.

      Apple DOES sell the OS boxed. I bought the OS boxed and at full retail price. The hack is running 10.5, although I do know 10.6.1 was hacked to run soon after it came out. If the new updates won't work, then the hack will simply freeze at 10.6.1 for a while.

      The fact of the matter is that most hack owners buy a boxed OS just to make up for their sins (raises hands and says a Hail Mary), and the other fact is that the hacked versions of 10.5 and 10.6.1 will stay on the torrents and be used, so any disabling that might have been done is essentially a bump in the road. And you can't underestimate the entertainment value of mucking about with hardware and software. It's fun to play with stuff like this, and it's a classic hack.

      Hack owners are generally cautious and do not upgrade without considerable group think and checking first. It's not like we are jailbreaking an iPhone and then bitching when Apple kills the phone on an update.

      If Apple made a neato little netbook that did what I wanted, I would have bought it (and paid more) but not enjoyed the week of tinkering that it took me to get the netbook up and running and programmed to the application.

  20. Apples market by owlstead · · Score: 1

    Apples market has been Apple hardware and software only for as long as I have known it. Sure, there are software applications and services that got so popular that even Apple caved in on this principle (e.g. their movie player and multimedia applications). There were some licensed manufacturers of Apple hardware as well, but even that did not please Apple.

    And after having literally tens to hundreds of issues with Linux on PC hardware one can see why. Currently my Lenovo SL300 laptop does not play nice with the screen settings because somewhere the hardware/firmware does not keep to specs. It's one of those hundreds of PITA's that will you get when you couple "generic" hardware with an unsuspecting OS.

    Apple selling OSX to non-Apple hardware? They will go bust if they go that path now. If only because current consumer PC's have been tested for one OS family only.

  21. If they were to build netbook, why cut Atom? by rwade · · Score: 1

    So basically Apple is saying "wait a few months, and we're releasing a netbook" ?

    I too can really only explain it that way. At this point Apple is not in the market for netbooks, save, perhaps, for the iPod touches that serve as nearly full-featured netbooks in their own right (IMHO!). Given that, these makers of generally high-end computers have nothing to gain by failing to serve the Atom PC market. If they were in this market, such a move would be in their interest...

    But tell me this -- if Apple were to build a netbook, why would they eliminate Atom capability since that processor could serve as the basis for a ultra small, low-power mac?

    1. Re:If they were to build netbook, why cut Atom? by Anonymous Coward · · Score: 1, Interesting

      If they are going to develop a Netbook (and that's a pretty damn big if in my opinion, since margins on Netbooks aren't what Apple usually goes for) they may look to use chipsets developed by P.A. Semi (Apple purchased them in 2008) rather than Intel.

    2. Re:If they were to build netbook, why cut Atom? by chromatic · · Score: 1

      [If] Apple were to build a netbook, why would they eliminate Atom capability since that processor could serve as the basis for a ultra small, low-power mac?

      ARM seems more likely, given the iPhone.

    3. Re:If they were to build netbook, why cut Atom? by Anonymous Coward · · Score: 0

      From the rumours going around it looks like Apple is not interested at all in making a netbook, but in fact making a Tablet like device that will be running the iPhone OS. A netbook device would probably cut into both their "low end" Macbook sales, and any Tablet device sales. So instead of dividing their own market, making a Tablet device for mobile internet usage and everything iPhone like on a slightly larger scale would cover almost everything (if not more) that a netbook user would require in terms of features. People requiring more than that can get a macbook.

      If following this idea through, then it stands to reason that they will use similar chips and processors in a Tablet device that they are using for the current iPhone and iPod touch, none of which are Intel Atom processors. (As far as I know)

      So they have no need to support atom processors on their laptops, as their laptops are designed as fully functional powerfull devices that Atom processors would compromise performance on. And their mobile strategy for low power small devices looks like it isn't going to use Atom at any point in the near future, so why support it?

    4. Re:If they were to build netbook, why cut Atom? by swb311 · · Score: 1

      I assume the Apple Netbook will have a quad-core processor and a sleekly designed brushed billet aluminum unleaded generator to power it.

  22. End-user experience comes first (IMHO) by Anonymous Coward · · Score: 0

    IMHO

    Apple is not licensing OS/X to third parties because it's not an operating system - it's a component of the Macintosh (and other) product lines. It just happens to be software.

    Apple has kept it simple: pay more for our well-designed and integrated product, enjoy it, and we'll support it. That's no different than what Lexus or BMW do, just in a different market.

    A less-than-perfect end-user experience is not Apple's goal. Unbundling would lead to loss of control over the quality of the end-user experience. One bad apple *can* spoil a whole bunch.

    Imagine a scenario where Apple did license OS/X. Follow that with third-party reviews, then pressure for Apple to fix *those* problems. In no time at all, they're Microsoft (or at least battling the same demons).

    (Of course, a hackintosh *could* be considered to be a "gateway drug", but that's another story...)

  23. When are you people going to get it? by BitZtream · · Score: 1, Flamebait

    Apple isn't going to sell you a freaking license for your generic PC.

    Stop saying 'When is it going to happen?!@#!$' or 'They should sell it for generic PCs'.

    They don't want your business. They want people who are willing to pay, not people who want to shoe horn OSX on to some POS craptop. They don't want to even joke about supporting random generic hardware. And unlike the typical combination of (insert random PC maker) and Microsoft, you actually CAN get support from Apple rather than 'its not our problem, its someone elses'.

    Its fine that you don't want to buy a Mac but thats your choice, either buy one and run OS X or don't buy one and stop complaining. A MacBook Air isn't a whole lot different then a large netbook, and it weighs less then some I've seen sold as netbooks.

    You have options, you just aren't willing to invest in one. Thats fine, but please stop with the 'OMG GIMME OSX ON GENERIC HARDWARE'.

    No this isn't flamebait, regardless of how you feel, I speak for many people who are just tired of the same old chorus line from people unwilling to pay for something they want, but expect to get it anyway.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    1. Re:When are you people going to get it? by Brett+Buck · · Score: 1

      It's also very difficult for a MacBook to be pirated and made available for download on bittorrent. If they didn't make money on the hardware, they wouldn't make money.

                Brett

    2. Re:When are you people going to get it? by sbeckstead · · Score: 1

      Right there with you man!

  24. If they want to be hard about it. by mirix · · Score: 1

    Why don't they just throw a $0.50 EEPROM on the SMBus, with a string consisting of "APPLE INC" on it, and deny machines that don't have this..?
    That's how I'd do it. Not that you can't get around this either, but it would require work... Of course they would have to phase this in on hardware now, and on OS releases in several years.

    I guess I don't see the fascination with OSX in the first place though.

    --
    Sent from my PDP-11
    1. Re:If they want to be hard about it. by Anonymous Coward · · Score: 0

      Why don't they just throw a $0.50 EEPROM on the SMBus, with a string consisting of "APPLE INC" on it, and deny machines that don't have this..?

      They did. They store a decryption key in a unique-to-Apple chip called the SMC (its main function is to manage fans, sensors, and other miscellany). A few of the OS binaries needed to boot the system must be decrypted with that key. When you try to boot unmodified MacOS X on non-Apple hardware, the SMC can't be found, the key won't get loaded, and the OS won't be able to load all the binaries required to successfully boot.

      They didn't make any serious effort to harden this mechanism so it wasn't long before people read the key themselves (you can just issue the commands to the SMC, it's not hard) and created ways of getting it loaded without the hardware present.

  25. you want to pay for software? by Anonymous Coward · · Score: 0

    "The only reason OSX is not on my Eee is that I want to comply with the licensing terms. I could just pay for a license to use it." this is slashdot man, no need to b.s. you wont pay for it anyways software wants to be free. note, this is not sarcastic.

  26. Re:Who cares? by Anonymous Coward · · Score: 0

    Why do you hate yourself, little boy? Did your daddy beat the crap out of you when he caught you masturbating to pictures of Steve Ballmer? Do you think you can convince anyone else that you're straight if you accuse others of being homosexual?

  27. Apple doesn't make anything that runs on Atom by AGSHender · · Score: 1

    At one point in time it was rumored that Apple was working on an Atom-powered device or system, and then they bought PA Semi and decided to make their own low-power microprocessor instead. There is no value for Apple to retain Atom support anymore because it has no future at the moment with any product with an Apple logo on it. Hell, they don't support AMD processors, either. But is is dickery? Yeah, it is, but I don't think it's dickery for sheer purpose of dickery.

  28. Ktext? by loonwings · · Score: 1

    What the fuck is a ktext?

    1. Re:Ktext? by CharlyFoxtrot · · Score: 1

      What the fuck is a ktext?

      It's a typo. They mean kext, a Mac OS X kernel extension.

      --
      If all else fails, immortality can always be assured by spectacular error.
  29. The RDF is strong with this one by Sycraft-fu · · Score: 4, Insightful

    A LITTLE more expensive? Seriously man, what are you on? Base price is $1200. A 10" EEE PC (with XP not Linux) is only $320. The Mac is damn near four times the price! That is not a little more expensive, that is a whole different category of cost.

    The appeal of netbooks isn't just the portability, though that is certainly part of it. The 7" ones in particular can fit in extremely small bags which is useful in some cases (some of our researchers use them to control devices in the field). A big part of the appeal is price. If you don't need much computer, if word processing and web surfing is pretty much all you do, you can have a computer for just a couple hundred bucks.

    The MBP is not at all the same market at its price. You are in to the mid range, or upper mid range of normal laptops at this point. That's fine if that's what you need/want, but it is not at all a netbook competitor.

    This has always been one of Apple's big problems. Not everyone wants expensive shit. They have somewhat diversified their desktop line, though a consumer tower is notably absent, as it always has been, but their portable line is as pricey as ever. You start upper mid range and go up from there. There's nothing for people who want a minimal system for minimal cost.

  30. Wrong Answer Folks - Atom = 32bit CPU by fast+turtle · · Score: 0

    and 10.6 is moving towards a full 64bit Architecture. This means the Atom Can't run it because it's a 32bit only CPU. In other words, this is a non-story

    --
    Mod me up/Mod me down: I wont frown as I've no crown
    1. Re:Wrong Answer Folks - Atom = 32bit CPU by CharlyFoxtrot · · Score: 1

      and 10.6 is moving towards a full 64bit Architecture. This means the Atom Can't run it because it's a 32bit only CPU. In other words, this is a non-story

      Voodoo Kernel to the rescue ? This won't stop hackintoshes since the core OS is open source, it'll just make it harder for some to keep your install "vanilla" as they call it. I've run the voodoo kernel myself on a netbookand it's perfectly stable.

      --
      If all else fails, immortality can always be assured by spectacular error.
    2. Re:Wrong Answer Folks - Atom = 32bit CPU by cadeon · · Score: 1

      LISTEN TO THIS MAN.

    3. Re:Wrong Answer Folks - Atom = 32bit CPU by Anonymous Coward · · Score: 0

      Except that 10.6 runs on any intel Mac including the first MacBooks and Mac Minis and MacBook Pros and iMacs which weren't core 2 duo, which means they are not 64-bit.

    4. Re:Wrong Answer Folks - Atom = 32bit CPU by Guy+Harris · · Score: 1

      Except that 10.6 runs on any intel Mac including the first MacBooks and Mac Minis and MacBook Pros and iMacs which weren't core 2 duo, which means they are not 64-bit.

      Yup. The person to whom you responded was massively confused. What 10.6 does is

      • build almost all of the userland programs 2-way fat (32-bit x86 and and x86-64);
      • provide a 2-way fat kernel, so that on some machines the kernel runs 64-bit.

      It does not, in any way, shape, or form, require a 64-bit processor to run at all.

    5. Re:Wrong Answer Folks - Atom = 32bit CPU by willy_me · · Score: 2, Informative

      No, the core duo is also a 32bit chip and is supported by 10.6. In addition, the Atom has a 64bit variant. It is typically found on desktops where the 32bit version is found in netbooks.

  31. Sorry... by Anonymous Coward · · Score: 0

    "I've bought it, I can do what I want." Basically "I want". That always ignores the other half, Apple's rights.

    You want to change the concept of trade in the past 5000 years?

    You don't have a right to impose hidden conditions when you sell a product. Nothing beyond what the law states.

    This solution is simple. Force customers to sign a contract at POS. You already do it whenever you buy things with a credit card. The customer must be provided a paper copy of the contract they signed.

    1. Re:Sorry... by m.ducharme · · Score: 1

      You don't have a right to impose hidden conditions when you sell a product. Nothing beyond what the law states.

      Apple is open about the conditions, as open as they have to be under the law. I wish it weren't so, but there's nothing unusual about Apple's EULAs, however repugnant the practise may seem.

      This solution is simple. Force customers to sign a contract at POS. You already do it whenever you buy things with a credit card. The customer must be provided a paper copy of the contract they signed.

      That's fucking brilliant. And you can walk around with your lawyer, all day every day, to advise you whether to sign all those contracts that you're presented with, virtually every day. Awesome. When I graduate, can I be your lawyer? Do you have deep pockets?

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    2. Re:Sorry... by that+this+is+not+und · · Score: 1

      That's fucking brilliant. And you can walk around with your lawyer, all day every day, to advise you whether to sign all those contracts that you're presented with, virtually every day. Awesome. When I graduate, can I be your lawyer? Do you have deep pockets?

      Nobody in this thread is arguing that Apple can't conduct their business that way. The fact that, as you imply, it would put a ludicrous burden on their ability to 'make the sale' with anybody does not nullify the fact that it's entirely within their right to establish as part of the sale/license process for obtaining their product.

      Simply put, if Apple wants to do business that way, they're entitled to give it a try. They aren't at present playing it that way, though. So they'd better suck up and deal with things as they are.

  32. Well, there are a couple solutions to this by Sycraft-fu · · Score: 2, Insightful

    1) Charge more for software licenses. Seriously, if you are going to not make as much on hardware, make more on software. They could double their price and still be under what Windows runs retail. Also, software sales are where the real money is at, if you can get a large market. Cost per item is almost zero.

    2) Offer more hardware that people want. Seems to me that the hackintosh computers you see are in the two markets that Apple steadfastly refuses to produce in: Consumer towers and netbooks. These also happen to be very popular markets. Well, start making shit in those areas, maybe it isn't such a problem.

    3) Stop charging so damn much for your hardware. It isn't special, the games for that are over. It is all standard PC components made by the same vendors as everyone else.

    You have to remember that a big part of the reason people jumped to clones wasn't just that Apple cost a lot, it was also that they offered products Apple refused to. Apple has always had large holes in their computer lineup and these are niche things. The consumer tower is a wonderful example. Maccies have been clamoring for one for years. It is the best selling desktop style of computer in the PC market. Businesses love them. Yet Apple refuses to make one. You get an all-in-one or a professional workstation. Nothing else.

    I suspect if Apple filled out their line and adjusted their prices they'd have little problems. However the window for them may be closing rapidly. Part of their recent surge seems to be Vista antipathy. Well Windows 7 doesn't seem to get that at all. People are excited to get it. Thus if Apple doesn't offer what people want, their share may slip again.

    1. Re:Well, there are a couple solutions to this by mejogid · · Score: 4, Insightful

      You seem to have quite an optimistic view on the benefits of software licensing. While I do think the consumer would benefit from a more open OS X licensing model, I'm not sure Apple would benefit:

      1) If Apple enters an all software market, they lose a major selling point of their hardware and enter an area with more competition and a lower barrier to entry (see: Linux). OEM licensing could potentially be more profitable, but I'm unconvinced that the market for OS X is much bigger than the market for Macs - users, particularly businesses, are often held back by software requirements rather than by the price premium.

      2) Apple likes dictating what hardware you purchase - cheaper, more standard tower blocks don't fit with its image as being refined and premium, and the netbook market has far lower margins than they currently reap on MacBooks. One MacBook purchaser could well bring more profit than 5-mac-netbook purchasers. Apple doesn't want to enter a race to the bottom - they make plenty of money through brands that are seen as higher quality.

      3) Why? It gives them higher margins and it's unclear whether the market share increase would offset that.

      Most importantly, in my opinion:

      4) Apple is so profitable because they have created their own "premium computer" market that is far larger than anything held by Alienware or Dell's Adamo. They do this by creating products that appear relatively unique and are functionally different from competitors' equivalents thanks to unique software, design and minor features (such as battery life on their laptops). Without OS X, a Macbook is just another expensive laptop. There is also some level of positive feedback - unique hardware makes the software appear higher quality, which makes the hardware seem more unique etc - and some of the major selling points depend on hardware-software integration.

      I'm not saying it isn't possible that Apple would benefit from opening up their software, but it's far from being certain.

    2. Re:Well, there are a couple solutions to this by gyrogeerloose · · Score: 1

      1) Charge more for software licenses.

      And piss off their high-profit hardware sales customers when it comes time for an OS update. Good business strategy

      2) Offer more hardware that people want. Seems to me that the hackintosh computers you see are in the two markets that Apple steadfastly refuses to produce in: Consumer towers and netbooks. These also happen to be very popular markets

      They are also very low-margin markets that Apple has repeatedly said they have no interest in competing in. They'd rather sell premium hardware at a higher markup. Their recent profit statements seem to suggest that this is working rather well for them.

      3) Stop charging so damn much for your hardware. It isn't special

      Old complaint that doesn't work any more. When you compare apples to apples (sorry), Apple hardware isn't really that much more expensive than a Dell with the same features.

      --
      This ain't rocket surgery.
    3. Re:Well, there are a couple solutions to this by Gizzmonic · · Score: 1

      I applaud your...chutzpah...at offering unsupported, solipsistic assertions to one of the most successful computer companies out there. I'm sure Apple management is searching Slashdot for geniuses like you, and no doubt you will be hired immediately as a consultant. When you're charging 3 bills an hour for your services, do us a favor, and remember the little guys that modded your drivel up for everyone to see.

        In fact, if you modded Sycraft-fu's comments, why not reply to this thread now so he can show you some love later? Maybe he'll throw a couple of those $250 OS X-BeOS-OS/2 Microsoft Competitor Memorial Edition softwares your way, or give you a "modder's discount" on the CannibalizeTheMacPro Mac he and the message board jockeys have been clamoring for!

      --
      (-1, Raw and Uncut is the only way to read)
    4. Re:Well, there are a couple solutions to this by Anonymous Coward · · Score: 0

      "They could double their price and still be under what Windows runs retail."

      And yet the sale of that OS even at double the price doesn't translate to the profit that is garnered by selling the whole package.

      You have to ask yourself why is it that some people simply wont buy a computer from Apple. Is it price or vendor options. If Apple felt they could make more money by lowering the price or creating more options they would have done that already.

      You need to get it out of your head that it is Apple's main goal to increase market share/install base. The goal is to make money. Selling a lot for a little or a little for a lot. Apple has found that the latter option works best. The former option only works if you have the benefit of an illegally acquired and maintained monopoly to fuel those efforts.

    5. Re:Well, there are a couple solutions to this by Anonymous Coward · · Score: 0

      Apple wants to keep itself at the niche, that's how they charge their systems at a premium. Their entering into netbook would be lowering their brand value.

  33. Why would you want to comply? by godless+dave · · Score: 1

    The only reason OSX is not on my Eee is that I want to comply with the licensing terms
    Then that's your problem. As long as you pay for OSX, you can disregard the licensing terms all you want with not a shred of guilt. Apple may think it's their business what you do with a product you paid for, but there's no reason for you to share in their delusion.

    --
    "If it's real, then it gets more interesting the closer you examine it. If it's not real, just the opposite is true." -
  34. ah, Apple... by Tumbleweed · · Score: 0

    SO much less evil than Microsoft!

    Linux on the desktop, Android on the cellphone, and everyone else can kiss my ass.

  35. OSX on non Apple hardware. by Anonymous Coward · · Score: 0

    Quote "But, it raises the question: is it time for Apple to sell a license for non-Apple hardware"

    No, One of the reasons Windoze is such a pig is that M$ can not control the hardware people put in the machine. M$ relies on vendors to write drivers for their own boards. Some of these drivers are good and play well with others Other drivers suck and make Windoze unstable. M$ tries to control this by certifying drivers, but with limited success. Plus M$ is stuck with legacy hardware.

    Apple eliminates this problem by controlling the hardware. As a result, they can control the drivers and assure the hardware actually works with the OS. Selling OSX without the hardware lock would expose OSX to the same crappy drivers and driver support that have historically stunk up the Windoze environment and the Linux environment.

  36. IBM reverse engineering is the precendent by davek · · Score: 1

    Apple, I ask you, how is this different than classic reverse engineering:

    IBM PC compatible computers are those generally similar to the original IBM PC, XT, and AT. Such computers used to be referred to as PC clones, or IBM clones since they almost exactly duplicated all the significant features of the PC architecture, facilitated by various manufacturers' ability to legally reverse engineer the BIOS through clean room design

    There is legal precedent for an engineer's right to figure out the bits and bytes of your interface. Therefore, the lockdown of the software is futile. I am fully within my right run my legally purchased software on whatever hardware I chose. The referenced case does refer only to hardware reverse-engineering, but one could easily expand that to a piece of hardware that exactly emulates the secret signals sent from the hardware to the OS to determine the the platform, in effect rendering any "blocking" of third party hardware completely useless.

    --
    6th Street Radio @ddombrowsky
    1. Re:IBM reverse engineering is the precendent by Valdrax · · Score: 1

      The difference is that IBM failed to lock in an exclusive license for MS-DOS, so Microsoft was willing to sell MS-DOS to a whole new market of clones. I doubt this would have been the case had IBM developed it own OS.

      Apple's claims are not based on the idea that reverse engineering is illegal, IIRC. (After all, they lost that against Laser back in the Apple II days. Note how a loose license with MS played a role in that fight too.) Apple's claims are based on the fact that running Mac OS X on non-Apple hardware is a violation of the software license, and Psystar is infringing this license and aiding and abetting others in infringing this license. Apple's argument there is pretty good.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  37. ReAtom != 32bit CPU by DragonWriter · · Score: 2, Informative

    Wrong Answer Folks - Atom = 32bit CPU

    Except when it doesn't. Current Atom offerings include the 32-bit, no-hyperthreading Z-series aimed for UMPCs, the 32-bit, hyperthreading N-series aimed for netbooks, and the 64-bit, hyperthreading, single-core 200-series aimed for "nettops", and the 64-bit, hyperthreading, dual-core 300-series aimed also aimed for "nettops".

  38. Re:Good, go ahead and do that by Anonymous Coward · · Score: 0

    And I wouldn't listen to your music if you paid me to. What unredeemable junk.

  39. On a Eee?? by Anonymous Coward · · Score: 0

    I'm all for hackintosh systems, but an Atom processor is not sufficient to run OS X. If you run it on it, you're going to get a very poor experience compared to other option.

  40. What I want from Microsoft by ctmurray · · Score: 0, Flamebait

    I wish Microsoft would quit selling its OS to any idiot who thinks they can cobble together hardware and sell it as a computer. I want a system integrated so that all the parts work together without having to worry about any conflicts, worked so well that I have to reboot or unplug hardware to get it to be recognized (as I am having with my digitial microscope camera). Also with a much more limited set of hardware I would expect my operating system to not slow down over time and randomly forget how to launch powerpoint (as happened today). My employer even tries to mitigate these problems by purchasing all the same models of crappy computer and rigidly enforcing what software we can have loaded. We get virus patches updated at lease 2x per week.

    I would even be willing to help my employer pay more for this fully integrated hardware/software combination.

    Thankfully I get to go home each day to my Macs.

    1. Re:What I want from Microsoft by Al+Dimond · · Score: 1

      The problems you mention in your post really have very little to do with the hardware-software interactions that Apple does so well. A digital microscope camera probably connects through some external interface. If you're using one of those, you certainly don't want Microsoft cracking down on esoteric external devices. The computer slowing down over time and "forgetting how to launch powerpoint" probably has to do with software and configuration changes that have happened over time. Same with the viruses -- being the target of hackers is the price of being the largest open software ecosystem. You certainly don't want Microsoft closing off their software ecosystem -- nobody using computers for non-trivial things wants that.

      I will concede that Microsoft's focus on backwards compatibility has often kept misbehaving software in circulation longer than it should have been. Of course, their users demand it to some degree, so it's a hard road to walk. If Microsoft made continuity too hard their customers would bleed away; many corporate ones would leave for Linux, and you'd probably hate that even more -- those crazy Linux bastards won't rest until you're running a web server on your Palm Pilot!

      Meanwhile, on the Mac, if you have problems with your vision and want to change the size of the menu bar font you have to change the screen resolution (really? In 2009?) or run some other OS. If you want a netbook to complement your desktop Mac, you'll have to read up on how to sync with Windows or Linux. If you want a mid-range computer without a widescreen display, Apple says, "Go fuck yourself." Well, to be fair, the whole computer industry is doing that. Fuck widescreens.

      And, unless your employer is very small, or you are very rich, you probably aren't willing to cover the cost of overhauling your IT with Macs.

    2. Re:What I want from Microsoft by ctmurray · · Score: 1

      Isn't a firewire interface part of the hardware-software interaction? I think so. This is the source of all my camera problems. First off there exist (at least) two drivers for the Leica camera, one from Leica and one from ImagePro, each incompatible with each others software. Really, in 2009?. Now apparently the delicate balance has been disturbed by installing all this on a new computer (which is running the same version of WindowsXP as the old computer).

      I was suggesting I would chip in for a Wintel computer that brought the tight integration of the Mac, just for my own use and sanity. But alas no amount of money can get me my wish in Wintel land.

    3. Re:What I want from Microsoft by Al+Dimond · · Score: 1

      Your Firewire camera isn't part of the hardware-software interaction that Microsoft can do anything about. It's an external device, and not something that either Apple or Microsoft are going to bend over backwards for. As for a device having two different drivers, it happens sometimes, because sometimes a driver is general enough to cover devices the author didn't even know about. It's not Microsoft's fault, it's your fault for installing two incompatible drivers on your system. You could do it just as easily on MacOS or Linux, and you'd have the same results.

    4. Re:What I want from Microsoft by ctmurray · · Score: 1

      I did not install these drivers together. I installed the Leica when the camera arrived, found out it was incompatible with ImagePro and then found out they had one and removed the Leica and installed ImagePro driver. I cant use the Leica software now, but ImagePro is required, too bad though.

      But I still disagree - the Mac has firewire built in, so Apple is responsible for it being up to the IEEE standard and providing operating system access to any firewire device I plug in. Where as you state Microsoft doesn't make hardware so they don't care, and this is what I was asking for, for Windows to care to be integrated with hardware. The other players, SIIG and Leica and ImagePro all felt they had to hack something together because they knew Microsoft didn't care. Unfortunately they don't really work all that well together. Good discussion though.

  41. If I was Fake Steve Jobs by Anonymous Coward · · Score: 0

    If I was Fake Steve Jobs I think I'd be saying something like:

    You know in my line of work I hear a lot of whining. It comes with the job. But you need to understand it's for your own good. Now the Atom has no place in a Macintosh nor any place in really any computer. It is antiquated and overly complex. It drinks power compared to it's big brothers the i5 and i7 but we need a processor that sips power and we have the answer here in the ARM Cortex. I know it is hard to accept but really try hard and remember back to the days before the iMac, you were dead set on having a variety of serial busses. I know how much it hurt you to replace all of your ADB and RS232 peripherals so we did our best to let you keep using them for as long as we could but the strain on Apple just got to be too much and we had to move on. Really engineers don't deserve to be shackled to their office working on drivers for 20 years old hardware that barely works in the first place. They need to be shackled in a creative design space working on drivers for the stuff you'll be buying next year and the year after that. So the decision, while unpopular with a few do it yourself types that ought to just get back to work cloning the suck that is Windows, is for your own good.

  42. Re:Informative? by jawtheshark · · Score: 0, Redundant
    --
    Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
  43. Apple won't support other hardware... by Anonymous Coward · · Score: 0

    A big reason apple doesn't want to allow users to put OSX on "non Apple" hardware is that it's a compatibility nightmare. I'd like to see Apple try to support all the hardware that Windows does. It'd be like a Vista fiasco all over again. That would put a dent in Apple's shiny PR history.

  44. Re:Informative? by dieth · · Score: 1

    I had two slices of pizza for breakfast, while I ran apt-get upgrade on my Ubuntu install.
    Apple lost it's appeal when it dropped RISC architecture, the last time I actively used one I believe it was OS7, and you had to install "Colour" as a feature.
    Now it's just the same shit that I could get from any brand name computer manufacturer, only with Apple polish, and assrape for a pricetag. Since I've never trusted a brand name manufacturer to make a decent system, as they all love to cut corners and fuck their customers out of decent working hardware, and then refuse to support it, for extremely stupid reasons: such as Dell will ship you a 64bit system w/ 64bit Windows, but they'll only support the system if it's running a 32bit operating system.

    We had a Gold Tier Dell support package and bought all our systems from them at the last place I worked(I wasn't the decider just the peon in charge of fixing the endless problems we had with their machines), and they outright refused to assist us with any system that was running the 64bit OS they shipped it with.

  45. How about this model? by Anonymous Coward · · Score: 0

    How about Apple give a non-transferable copy of OSX for use on a netbook when a customer buys a MacBook Pro or Mac Pro? Require purchase from Apple for this, lock down the OS to the Apple ID, require activation, and then people will have a path to run an UNSUPPORTED copy of OSX on a netbook. In lieu of support suggest extra vanilla netbooks that generally work (Atom + GMA950 or Atom + ION)

  46. Re:Who cares? by Falconhell · · Score: 1, Flamebait

    He probably hates rabid mac fanboys like yourself asshole. A MAc fan calling someone else gay, now THAT is funny!

  47. There won't be any "open OSX"; and by the way .... by gordguide · · Score: 5, Interesting

    Apple is not going to sell the OS by itself. I don't know why this has to even be repeated, but Apple is a hardware company and to sell boxed copies of OSX than ran on generic hardware would simply be shooting themselves in the foot.

    None, of all those who arise Phoenix-like every few months or years, lamenting the state of the OS world they find themselves in, you may notice, wants to buy the Apple hardware to run OSX on. Apparently, the natural conclusion goes right over their heads ... they are not Apple customers.

    They seem to think that paying for a retail copy of OSX would make them Apple customers. They are wrong; that would make them Microsoft customers, because Microsoft is the vendor that uses sales of stand-alone OS's as it's business model. Go buy it; there's a snappy new version out right now, I hear.

    People buy Apple hardware because of the software. This is not by accident, it's not a secret, and it's been going on three decades now. You would think it would sink in at some point.

    Now, for those who get OSX to run on whatever hardware they manage to get it to run on, why the uproar over the Atom? Aren't you guys supposed to be hackers?

    Go hack. Half the fun, (for some all the fun) isn't running the software, it is figuring out how to get the software to do what you want.

    If they're not hackers, but they want a pre-made boxed solution to their own pet OSX on x86 project, I suppose I understand all the whining.

    It's all they know how to contribute to the whole project. Good luck with that.

  48. Personally, I'd have OSX installed right now by alizard · · Score: 1

    on Virtualbox running on my Wintel box on a Kubuntu Karmic host if Apple would sell it to me. I already have XP installed. I want to run the best apps available on my data without having to care what OS they run on. I'd also like to be able to write reviews for apps running on the major platforms without changing machines.

  49. You have a warped sense of morality by SuperKendall · · Score: 1

    Morally, they don't.

    What?

    Let's say, I want to slap you. But you say no? Well that's to bad because I have a "moral right" to do whatever the hell I want with your property regardless of your wishes.

    Apple produces software with certain terms attached. If you dislike them, you have no "moral authority" to override them.

    I don't see anything wrong with hackintoshes myself but I do so plenty wrong with claiming you have any kind of moral right to break agreements.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:You have a warped sense of morality by Totenglocke · · Score: 1

      By buying the software, you now have the right to install it and use it however you please. You do NOT have the right to make copies and sell it / give it away for free, but you have the right to use it for your personal use however you damn well want. Just like how after you buy a car, you can do whatever the hell you want with it and Ford / Honda / BMW / etc can't do a thing about it.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    2. Re:You have a warped sense of morality by Dahamma · · Score: 1

      You clearly don't understand licensing vs purchasing. You can use the *physical* disc for your personal use however you want. Need an extra coaster? Sure. A disturbing bedroom toy? Fine.

      But the software is licensed, and that licensing includes a contract usually known as the "EULA". You may debate which terms of the license are enforceable (as the courts do all the time), it's still a license.

      Not that I'm saying this is a good thing for consumers in general, but that's the way things are right now, so might as well understand the distinction...

    3. Re:You have a warped sense of morality by Windowser · · Score: 1

      What agreement ? I never signed anything when I went to the Apple store and bought a product that was sitting on the shelf. It maybe so in USA, but not here. It's written in the law here : if I have to accept a contract to use a product, you have to make me sign it before I buy it. Geez, I don't care what Apple or Microsoft write in their EULA, I just click "Accept" and think to myself : let's see them try to uphold this in court. Still, if they make it so that OS X won't run on an Atom, that is still legal, as much legal as me running OS X on an unapproved hardware.

      --
      Avoid the MS tax, always buy I.B.M. PC's (I Built-it Myself)
    4. Re:You have a warped sense of morality by Totenglocke · · Score: 1

      No, the software is purchased. I walk into a store and buy it. I do not get handed a contract saying "You get to use this copy of Windows / OS X / Photoshop for 36 months with the cost breaking down to $X per month....". THAT is a license. Walking in, picking it up, and buying it, that is a purchase. Just because they want to put something in the box that you cannot read until AFTER you have bought it where they try to claim that they still own it does not make it a license (which amusingly, stores do not accept returns on opened software, so you can't get a refund even if you want to not use the software because you don't agree to their bogus terms).

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    5. Re:You have a warped sense of morality by tkrotchko · · Score: 1

      "Let's say, I want to slap you. But you say no? Well that's to bad because I have a "moral right" to do whatever the hell I want with your property regardless of your wishes."

      I'm not following this at all. Maybe you missed a sentence? I think right between the "you say no?" and the "Well that's to bad". Because the analogy doesn't make any sense the way you've written it.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    6. Re:You have a warped sense of morality by Dahamma · · Score: 1

      I agree with your frustration and the unfairness of the EULA to consumers, but unfortunately just because you don't think they are fair, doesn't mean the courts have to agree.

      I'm sure EULAs will continue to be tested in court, but there have been some rulings in favor of them, and if upheld by the courts, yes, it effectively does make it a legal and valid license...

  50. Really now? by Rix · · Score: 4, Insightful

    By reading this comment, you agree to send me $5.

    I've never signed a license agreement boxed software. I have for real software licenses. Without a signed licensing agreement, a software sale is just that, a sale. It's not a license, and has no terms.

  51. Why continue to reward a company that does this? by leereyno · · Score: 1, Interesting

    My answer to Apple's attempts at vendor lock in have always been DON'T BUY THEIR CRAP.

    This was true back when most Mac hardware such as cdrom drives or hard drives required tags in firmware for the computer to recognize it, even though there was nothing otherwise different about the unit whatsoever.

    This is just the same old shit.

    I don't have to worry about what OS-X will or will not run on because I do everything I can to avoid dealing with it in the first place.

    Complaining about Apple will not hurt them, but withholding your funds from them sure as hell will.

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  52. Apple DO NOT WANT OSX.... by TheDarkMaster · · Score: 1

    ... on non-Apple hardware because they get system stability with a strict controled hardware. If you put any non-apple hardware, they (Apple) cannot garantee anymore the stability or the behavior of the system.

    And of course, they have a considerable profit on sell "apple hardware"

    --
    Religion: The greatest weapon of mass destruction of all time
    1. Re:Apple DO NOT WANT OSX.... by Hamsterdan · · Score: 1

      So just deny tech support on non-Apple hardware. I *bought* OS X for my eeePC. They got free money. If people can't install it, they won't get any money. I chose an eeePC because it's small and very portable, don't need/don't care about a DVD drive, and sure as heck didn't want to spend 1000$ on a machine that's going to get banged around in a bag. And I don't want to spend that much money on a workstation type machine when a standard tower would fit the bill. I don't need Xeons.

      --
      I've got better things to do tonight than die.
    2. Re:Apple DO NOT WANT OSX.... by TheDarkMaster · · Score: 1

      You are correct, but try to explain this to Apple CEOs :)

      --
      Religion: The greatest weapon of mass destruction of all time
  53. Re:Informative? by Anonymous Coward · · Score: 0

    No, please, repeat yourself. It looks like some mods out there think it is Informative what computer you personally use.

  54. Typo in summary by ipX · · Score: 1

    It's kext not ktext, lulz.

  55. Apple did try selling their OS, so did BEOS. by goombah99 · · Score: 4, Informative

    Apple did try selling their OS to run on other platforms. That nearly put then out of business. I think they have a good clue what will work for them and for their customers. We dont' see a whole lot of OS only companies out there. BEOS? even Linux business are tiny compared to apple. Even Oracle bought Sun. Microsoft has Xbox.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Apple did try selling their OS, so did BEOS. by MBGMorden · · Score: 1

      BeOS originally tried the hardware + software route with the BeBox. It didn't work. They then tried OS only and it didn't work either. Given that they tried both ways and failed it's hard to hold them up as an example for either approach being unfeasible.

      Not even sure when you're getting at by saying "Oracle bought Sun" - Oracle was not an operating system company nor was Sun. Microsoft having Xbox is a laughable example - in the same manner Apple has the iPod, iPhone, and Apple TV - all devices just as relevant (which is to say, not every much) when it comes to mentioning Apple licensing it's computer operating system.

      BTW, Apple nearly went out of business selling it's OS on other platforms when their OS was FAR less popular than it is now, and even then it wasn't that they weren't selling OS's - it was merely that people preferred the clone hardware to the real thing (which is a no brainer considering how overpriced their hardware is). The reality is that the release of OS X, combined with the iTunes/iPod combination is what saved Apple, not stopping support for clones.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    2. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 3, Insightful

      Microsoft is able to make massive profits selling mainly software.. software that a user can run on any machine they want to run it on. They do not make money on hardware. They take a significant loss on every Xbox sold, try google: http://www.google.com/search?q=microsoft+loses+money+on+xbox

      Why can MS make profits that dwarf Apple's without profiting from hardware? (MS's net profit last quarter was down 32% but still over 3 times that of Apple's which was up).

      What is MS doing so much better than Apple?

      Using the example of Apple's attempt to sell System 7 to Mac clone makers as evidence that they cannot survive as a software company is not fair. System 7 was 1) a piece of crap and 2) not able to run on PCs, i.e. 90%+ of computers could not use their product back then even if they wanted to.

      Today is a very different situation. Apple's software runs great on most any PC, and OS X is quite a nice environment. You didn't see people in 1995 getting excited about porting System 7 to, well.. anything. Today, running OS X on a wide range of non Apple hardware is very popular, and usually quite simple to do.

      (unlike the above, which is based on fact, the following is merely my own opinion, based on my own impressions)

      Of course Apple has their reasons for not moving into the software business. They might be quite valid, but I don't believe it has to do with profitability, at least not directly.

      Apple doesn't really care if they sell hardware or software. They care about selling an image, a lifestyle, a brand. Nobody really buys a Mac because it's more useful than the alternatives. There's very little that Win\Linux\Mac can do that Win\Linux\Mac cannot, certainly not enough to justify the premium pricing. People buy Apple because they like to own Apple, they like to be an Apple guy or whatever they call themselves. This is a very powerful thing, and Apple is making extraordinary profits on slightly above average products by perpetuating the Apple culture. To make Apple software available to everyone would dilute the brand. It's not special if everyone can have it. My friends who are "Apple guys" spend a great deal of time talking about how different their system is, highlighting the (mostly trivial, from a functional stance) things that set it apart from the masses. Owning Apple makes them feel special, like they are somehow superior for buying Apple. This is a hugely valuable resource for Apple, and I think they would be foolish to risk compromising the culture they've created. In my opinion, this is the true reason you will not likely see Apple software available on normal computers.

      --
      -Lod
    3. Re:Apple did try selling their OS, so did BEOS. by that+this+is+not+und · · Score: 0

      Just to piss a little in the wheaties of your friends who think 'Owning Apple makes them feel special,' let me mention here that I'm typing this on an iMac that I paid $5 for at a school auction a few weeks ago. It runs 10.4 quite nicely and is a fairly decent platform. I have several more iMacs I bought at the same auction and soon I hope to give them away to other people even poorer than me to use so *they* can be part of the Apple elite, too. So much for 'protecting an elite brand.'

      Your notion only makes sense in a world where Apple can convey the image of being 'the Cadillac (or Lexus, I refuse to cite that 'hyphenated German brand' here any longer) computer.' But that boat has sailed. They're not gonna get and hold that demographic; people aren't that stupid. Nobody shows off the computer on their desk the way they do their car, in the first place. You're talking nerd-to-nerd snob appeal, and let's get real here: that's a pretty ridiculous strata to be marketing for. Maybe I'm wrong when it comes to a certain kind of kid in college, but, then, nobody likes those kids, in actuality, and Apple would be nuts to tie themselves to them.

    4. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      Today, running OS X on a wide range of non Apple hardware is very popular, and usually quite simple to do.

      Having had the "joy" of doing this I'd say simple it isn't unless you have very specific hardware. Then hope you don't need to do something like triple boot because you'll wish to murder kittens before you get done. Drivers are bloody annoying to get working right and take a painful amount of trial and error (and searching, downloading, rebooting, downloading, rebooting, you get the idea). Some simply don't exist, only took a year for my video card to be supported and that was by pure chance (ie: close version of it was released for macs). Then sometimes your system just shits itself during the above process for some odd reason, and requires three hours of searching and trying 50 commands to get back into the previous barely working order. After all that is done there may still be bugs left but you'll likely just shrug and live with them rather than try to fix.

      Frankly easier, and cheaper once you factor in the time it took, to just buy a mac mini and be done with it.

    5. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 2, Insightful

      "People aren't that stupid".. I'm going to guess you are young :) People *are* that stupid. Empires are being built as we speak on the backs and with the bucks of people that are actually, honestly, that stupid.

      Apple's appeal has nothing to do with nerds. My friends who own them are some of the least technically inclined folks I call friends. They are generally affluent, somewhat successful, maybe a bit conceited/smug, and yes.. "that" stupid. They love their Apples, and they talk about them *a lot*. They talk about them to their other non nerd somewhat successful friends, who sometimes end up buying one, although of course a higher/newer model than the original person has, they'll be quick to point out next time they see them.

      These are people with money. They are happy to spend it on something that inflates their ever expanding self image. These are the people that bring money to Apple. They buy 3 or 4 ipods for their kid, a couple iphones, the drawer full of accessories, a mac laptop and a mac desktop every couple years if not more often, and they really are that stupid. This is a valued Apple customer to whom Apple will strive to provide the Apple experience. And they will enjoy the Apple experience, because they are Apple people. And they really are that stupid.

         

      --
      -Lod
    6. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 1

      i've put os x on three of my own machines and helped a few friends do theirs as well.
      nobody had any significant troubles and afaik all are quite stable, solid machines now.
      truely sorry about your luck, but I think you had an atypical experience.

      --
      -Lod
    7. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      Apple brings one thing to the table that seems to be *completely* lost by most company these days (barring premium support plans), and that is actual customer support.

      Not every Mac user is a geek. A lot of them want to have equipment they use from the ground up and have it work right every time for their business. A number of them have had the pain of dealing with non "gold" support plans where even if a machine doesn't POST, the level 1 support demands to run a script, even though the answer is "I cannot do that, the machine will not turn on." repeated many times. Of course, there is a chance said level 1 support gets it in his/her head that failing to POST is a software problem, and transfers you to some other place without telling you, starting the process over again with the 2 hour hold times.

      If you buy a Mac with AppleCare, you can call an 800 number or make a Genius Bar appointment, and usually get the problem resolved. Because Apple sells the OS, the hardware, and in a number of cases the apps, it is a one stop shop -- no bouncing between multiple company tech supports. Of course, thay might not be able to find/fix the problem, but for hardware issues where hardware is exchanged, its a lot easier to go that route than having to wait for a shipping company to come with packaging, ship your box to some depot, wait 3-4 weeks and pray for a fix.

      Of course, having actual customer support that isn't offshored to the lowest bidder costs Apple, and they have to pass that expense on. But you get what you pay for.

      Only reason I would not buy Mac hardware -- no hardware TPM functionality, ergo it is trivial to defeat any fixed disk encryption if an attacker has a chance at the machine alone or unprotected.

    8. Re:Apple did try selling their OS, so did BEOS. by BasilBrush · · Score: 1, Troll

      What makes you think you know better than the people who own Macs, the reasons why they own them?

      Your opinion on wy people buy Macs:

      Nobody really buys a Mac because it's more useful than the alternatives. There's very little that Win\Linux\Mac can do that Win\Linux\Mac cannot, certainly not enough to justify the premium pricing. People buy Apple because they like to own Apple, they like to be an Apple guy or whatever they call themselves.

      What your friends who are Macowners tell you about why they own Macs:

      My friends who are "Apple guys" spend a great deal of time talking about how different their system is, highlighting the (mostly trivial, from a functional stance) things that set it apart from the masses.

      You see, the reason that you don't understand your friends who own Macs is that you are only thinking in terms of functional. And you think that good design is only about people wanting to differentiate themselves from the common herd. What you're missing is that good design actually makes things more pleasant to use. And when you're using something for hours a day, that difference is well worth paying for.

      To put it simply, Windows and Linux piss me off. They are both horrible. As are most of the PC designs I've seen. So it's worth it to me to pay to get a better designed system.

      If you still don't get it, I suggest you don't post an argument back - that would be pointless, you can never know better than I do why I bought something. Rather I suggest you read "Zen and the Art of Motorcycle Maintenance." It explains the principle well and at length.

    9. Re:Apple did try selling their OS, so did BEOS. by mrchaotica · · Score: 1

      Apple did try selling their OS to run on other platforms. That nearly put then out of business.

      So what? Apple's business model should not trump people's fundamental property rights!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:Apple did try selling their OS, so did BEOS. by sgbett · · Score: 1

      I agree with you (I think) that its not so much about being elite for me.

      I wish everyone could have a mac. I wish people were open minded enough to at least try it out, really try it out, and not just cry because its different and the go running back to windows and then bitch about how awful 'computers' are.

      I think computers are ace, and so far macs are the best of the bunch for me (long time windows & linux user).

      The problem with linux is that everything still feels a bit like its still in beta. The problem with windows is that everything is finished, but its a huge lumbering monster dragging along years of legacy baggage.

      OS X addresses both of these problems well, its not perfect by any stretch but imho its the best of the bunch right now. You get the polished desktop feel of windows, with the solid reliability of a *nix kernel and userspace, and you can tell when you dig around with xcode just how well engineered the whole thing is.

      With quality there often comes a price. I think thats the real reason that its expensive, not because they are trying to be elite, but because they are valuable.

      --
      Invaders must die
    11. Re:Apple did try selling their OS, so did BEOS. by scottgfx · · Score: 4, Interesting

      After seeing how you write about your "friends", I'm surprised you have any. You accuse them of an inflated self image, yet you write about your perceived superiority over them, based solely on the products they buy.

      --
      It's mandatory to wash your hands before returning to the land of Dairy Queen.
    12. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      Ugh, horrible moderation for such drivel.

    13. Re:Apple did try selling their OS, so did BEOS. by stewbacca · · Score: 1

      Your post is smug in an anti-smug sort of way. Your post is as ridiculous as you claim your non-nerd friends' behavior is (as described by you).

      I work for a software company (Microsoft certified partner, and all our software only works on Windows OSes) yet the number of MacBooks here at work is disproportionately high compared to the general public.

    14. Re:Apple did try selling their OS, so did BEOS. by drinkypoo · · Score: 2, Insightful

      They take a significant loss on every Xbox sold

      Microsoft is no longer selling the Xbox. They now have a competing console, the Xbox 360. The Xbox was being sold at a profit before its end of life, and the Xbox 360 is no longer being sold at a loss. Constructing an adequate comment on slashdot? You fail it!

      Using the example of Apple's attempt to sell System 7 to Mac clone makers as evidence that they cannot survive as a software company is not fair.

      The world is not fair. Here in the real world, where things happen, people bought enough mac clones to threaten Apple's own sales, proof that Apple cannot survive as a software company, at least not without dramatic changes. Certainly it won't work to sell people the OS for their PCs, and to keep selling the OS to your customers every year, because now that they've become just another PC their OS will work on lots of other PCs and Apple doesn't even get a cut of the hardware sales in licensing.

      Today is a very different situation. Apple's software runs great on most any PC,

      So the situation is even worse, not better. Now you can use Apple's OS without them getting ANY licensing fees for hardware. The clone market was actually superior to this situation.

      Of course Apple has their reasons for not moving into the software business. They might be quite valid, but I don't believe it has to do with profitability, at least not directly.

      Too bad that's exactly why they got out (for some strange value of "out") of the software for non-Apple-computers business to begin with.

      Owning Apple makes them feel special, like they are somehow superior for buying Apple. This is a hugely valuable resource for Apple, and I think they would be foolish to risk compromising the culture they've created. In my opinion, this is the true reason you will not likely see Apple software available on normal computers.

      Maintaining that cachet maintains their high prices, and making people pay those prices maintains their profitability. It's all connected.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:Apple did try selling their OS, so did BEOS. by stewbacca · · Score: 2, Insightful

      My friends who are "Apple guys" spend a great deal of time talking about things other than updating drivers, highlighting the (mostly trivial, from a functional stance) things that set it apart from the crappy Windows computer they use at work.

      . There, fixed that for you. But seriously, can you project any more? Nobody buys a Mac because it's more useful? None of the professional sound engineers, photographers, print industry professionals, journalist, writers, or any other myriad of people who benefit directly from the very tangible benefits of OSX over Windows? How about me, Joe Schmoe, who uses a crappy PC all day at work and just wants to come home to a computer I don't have to dork around with, so I can go on Facebook, listen to some tunes and play some Warcraft? I think there are far more people like me out there than you think.

    16. Re:Apple did try selling their OS, so did BEOS. by DaveGod · · Score: 1

      My experience with Mac owners broadly correlates except that they are not stupid. They know they are paying over the odds, but for them it's worth it.

      Value is not as simple as comparing specifications and prices. To them, a Mac fulfils their computing needs without the hassles of a Windows or Linux PC. They want to buy a box from their regular department store, plug it in and have everything just work, and keep just working. No worries about plugging in some new hardware, software, or viruses. It's worth a few hundred bucks. I can turn the argument around to my own perspective: to me Windows is worth £70 more than Linux. I'm well aware Linux is superior in many respects, but frankly Windows fits my needs better.

      Incidentally perhaps, this is why MS shit a brick over Netbooks. Running Ubuntu on my PC, I was highly impressed but there was two immediately apparent critical flaws: some hardware (a USB wireless adapter) didn't "just work", even after a long search for drivers, and secondly nor did Flash. Having a go on a friend's netbook however all the hardware issues went away, the only issue was Flash wasn't preinstalled (and I bet that wouldn't have taken long). All of a sudden Linux was in sight of being an Apple for the low end.

      Tie this together and it's obvious why Apple is so keen for complete control over the hardware. Yes, hardware is profitable in it's own right. Yes, the "sexy" designs are a major part of the Apple brand. But the key business is not sexy hardware nor sleek OS, they are merely components of the Apple Computer. The thing you buy from your favourite department store and everything just works.

    17. Re:Apple did try selling their OS, so did BEOS. by Bysshe · · Score: 0

      No kidding, this Lod dude is a dipshit. I have apple product because so far my iphone hasn't cost me a penny to upgrade and my last major OSX upgrade cost $39. Next time Windows does a major upgrade for $39 I'll eat my apple (and as soon as it works flawlessly with my other accessories).

      I buy apple because its easy to use and maintain. My time is worth far more than a bunch of windows and linux distro headaches.

      --
      Read what I mean, not what I wrote.
    18. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      More stupid are people who generalize their biases against Apple users. What's not to understand? OS X kicks ass, runs Apache, MySQL and Tomcat out-of-the-box. It's the premier platform for audio and video. Why wouldn't I spend a few hundred dollars more for a coherent platform that does what I need?

      I've been using Mac's since 1988 and have little need for or interest in Windows (although I also have Windows XP running on my Intel MacBook).

      Perhaps you're paying too much attention to the commercials?

    19. Re:Apple did try selling their OS, so did BEOS. by master_p · · Score: 1

      Apple doesn't really care if they sell hardware or software. They care about selling an image, a lifestyle, a brand.

      So Apple has a chance to sell more of their image by striking a deal with those Atom-based computers manufacturers that can run OS X well, and thus expand its business and distribution channels...

    20. Re:Apple did try selling their OS, so did BEOS. by Sandbags · · Score: 1

      It should be noted, apple's 1/3rd profit point is based on 6% market share. Had they sold just 18%, their profit would equal M$. If they had 25%, it would DWARF microsoft.

      Also, Microsoft's MAIN product revenue streams are NOT Windows home licenses. They profits stem MOSTLY from Enterprise systems and server licenses, user CALS, and copies of Office and other productivity software. The OS is the bait to get people to buy the stuff that supports it and runs on it.

      Apple's bait is the well running OS which they use to get you to buy a SECOND mac (with over 90% repeat buyers!), then they sell you upgrades and additional software to make profits. You also tend to buy LOTS of other apple products one you own a Mac. The iPhone is fast cbecoming the new bait.

      Apple makes such a high profit margin, they could VERY EASILY lower prices and corner the market. Their products are already highly competitive on price. If they released a true bargain mac, dropped prices $200-400 across the board, they'd still make a profit (actually, still better than Dell on average unit sold). unfortunately, Appel simply could not make machines fast enough to handle that, nor could they ramp up support fast enough to handle it. Same goes for selling the Os in a box. I all 90% of us that have windows, and would instantly drop $200 for a retail copy of OS X to install on our existing PC hardware, in months apple would have 2-3 times the user base, and that additional user base would mostly be on comoddity hardware with lackluster performance, and a significant portion would need support. to tripple marketshare by selling an OS in a box, apple would need 4-5 times the support staff, and much stricter policies, and all that would get them is a slew of "this OS sux and does not work on my hardware" complaints.

      Apple is growing at a safe 10-15% anually. They can easily maintain that. With their cash reserves, they're building better facilties, better hardware, and better support systems. In 2-3 years they'll be shipping more units than Dell. In 5-6 years they'll be the #1 hardware vendor and have 10-15% of the total OS market (maybe more). If they lowered their prices, or opened the OS to generic hardware, honestly, they could not handle the growth, which is why they have not yet done so.

      --
      There is no contest in life for which the unprepared have the advantage.
    21. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      I have a lot of friends who voted for Obama. Yes, I have called some of them stupid to their face.

    22. Re:Apple did try selling their OS, so did BEOS. by Sandbags · · Score: 1

      I'll tell you why they talk aboiut their apple products so much. The "Apple Experience" is actually an addictive one, and in some cases, completely changes how people veiw hardware and software, and certainly changes how they use it in their lives.

      I started writing code on old Apple II systems. I used a Lisa for a few years and have owned Macs (and clones) using every OS through 9.x. I sold my last mac off in 2002 and have not persionally owned one since. I am an IT analyst for a major firm and simply don't have the time to mess with Macs nor the money to afford numerous systems (even my PC gaming rig is about 2 years out of date, and mid-range at best back then, as i have to scrimp and save to have enough used parts to keep all my other systems running so that I can stay up to par on Microsoft and Linux software i have to use at work).

      My family are still all mac users. Mom n Dad, my sister and her husband, my Aunt and uncle, all live locally, and I frequenly have the pleasant experience of working on one of their machines, or helping them do something on it. My wife has since fallen in love with the idea of bringing our camcorder over to my parent's place and editing video on their mac, to the point she has demanded we get our own. I have $2,000 worth of PC video editing software from various vendors, and honestly, even i can't make it do in hours of effort what i can do on a Mac in 30 minutes.

      The OS is slick, finding data is easy, backups are by accident, publishing to the web is cake, working with iPhoto is simply so far superior to anythig on the PC it is just pointless to try otherwise, the machines are fast-very fast for the price, and my BIGGEST reason for loving them is that basiccaly, I don't have to MANAGE the machine, it simply takes care of itself. I spend a few hundred every year on security software, and a couple hours a month keeping the systems up to date. Once a year or more I blow a whole weekend either re-installing or rebuilding a PC, it's a god awful pain in the ass, and 9/10 any backups of ther than file level data are useless.

      For the 90% of people who work with multimedia, surf the web, make documents and flyers, and play common games (including that 10 of the top 25 games on the market DO run on Mac Os natively, as will every release from Blizard, EA, and even Turbine going forward, but the rest runs easily under bootcamp, and if gaming is all it's used for, security and patching isn't really important, so managing a dual boot mac is easy compared to simply managing a single instance of Windows), fact is, a Mac is all they need, it's unobtrusive in your life, and when you want to do something creative on it, it's ready to oblige.

      When you DO have an issue, Apple support's first response is not "format and re-install", they actually try to solve the issue without doing that, and actually take you through simple hardware diagnostics to solve the issue, or you could allways just bring it in to a genius at a local store and they'll fix it for you, free, including support for 3rd party programs... free! I can't even call microsoft without wiping out a credit card, and Dell/HP/Acer simple support break/fix and don;t acctualy support the CUSTOMER (only the hardware, not even including the OS aside from their original factory image).

      Having a mac is easy, getting help is easy, it is easily worth the 50 hours a year I save vs having a PC.

      For all these reasons and more my wife has a 15" MacBook pro on its way to her now from Apple's factory (placed the order Sunday).

      --
      There is no contest in life for which the unprepared have the advantage.
    23. Re:Apple did try selling their OS, so did BEOS. by sponga · · Score: 1

      "a bunch of windows"

      how many Windows do you run?

      Basically theres XP(dying), Vista and Win7.

      Vast majority of people are not upgrading and instead get new computers at very, very cheap rates.

      In the time between XP and Win7 about how many upgrades have you purchased for the Apple? Because most people didn't upgrade to Vista, so.....

      $39 here, $39 there and it all adds up.

      Anyways, exactly what time do you waste on Windows as it is a very productive environment unlike Linux. So please don't lower the desktop Windows to the Linux level.

      Anyways, my buddy had to get rid of his old Iphone and commit to a new 3G Iphone because Apple has got the contracts locked down.

      Windows 7 is easy to use and maintain, although Mac's are easier but who can afford it these days in this economy.

      Sucks to be poor.

    24. Re:Apple did try selling their OS, so did BEOS. by Bysshe · · Score: 0

      Choices my friend, choices. $39 over the last 3 years is a pretty decent deal to me. Plus being poor does suck - hence why I don't own a car.

      You're right that windows is waaaay easier than linux, but for me an OS that I have to wipe clean every 3-6 months due to getting bogged down isn't really useful.

      On the server side of things, I do still run windows for that one, but on the personal computing side... osx just rocks.

      and about the iphone... I'm not sure why your friend was forced to upgrade but the interoperability of the 1st gen iphone and all flavors of osx is pretty much flawless. Same with the new ones. I'm lucky enough to have avoided any legal drawbacks by buying my contract free in Hong Kong but you're right that most people don't have that opportunity. With the iphone its too bad that contracts are detracting from how well it integrates into the mac ecosystem.

      --
      Read what I mean, not what I wrote.
    25. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      Actually, he never said anything of the sort. And, from my own experience with apple users, it is an accurate observation. He also did not accuse his friends of inflated self image, he said they oo'ed and ah'ed over their platform and the things that made it different.

      And that is a powerful marketing tool, that is branding

    26. Re:Apple did try selling their OS, so did BEOS. by quadrox · · Score: 1

      Sorry, not everyone (nobody?) is perfect - not me, nor my friends. In spite of all the flaws I see in them I still call them friends, and they call me friend in spite of all my flaws.

      What is so wrong about any of this?

    27. Re:Apple did try selling their OS, so did BEOS. by Achromatic1978 · · Score: 1

      Apple did try selling their OS to run on other platforms. That nearly put then out of business. I think they have a good clue what will work for them and for their customers.

      Yeah, because what didn't work 15 years ago couldn't possibly work now. I mean, it's not like the IT industry has changed in that decade and a half...

    28. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      You're completely missing the many other reasons people buy Apple computers. Naturally, you had to choose the worst one. Such reasons may be:

      -No viruses developed yet in common circulation
      -An OS designed to run specifically for your hardware, which leads to things working much more often (I don't need 3rd party customization in a laptop, so adaptability is a non-issue)
      -Reliability and resale value (My 06' MacBook has suffered through over three years of daily use and travel with zero problems, and I could still sell it for something in the neighborhood of $400-500)
      -Simple Preference (some people actually prefer the way OS X is designed!)

      Working in IT I prefer to work with Macs than with Windows Computers, despite having worked with Windows for a longer period of time. A lot of the things I want or need to do on a daily basis are usually already built in with Macs, so I don't have to mess around with a third party program, among a host of other reasons.

      Even all other reasons aside, someone can own something just because they prefer it to the alternatives (without being pretentious). Maybe people actually like using OS X and aren't really Windows users struggling to be cool underneath it all. Sure, Macs and Windows computers can do essentially the same things when you get down to it, but I still prefer the way in which a Mac gets to the end result. Does that make me a Mac Hipster?

      Since this is the internet and/or slashdot, I'll just go ahead and answer yes for you.

      IMO, Apple doesn't need nor want the hassle of releasing OS X for other hardware. When Apple does something, usually they try to do it all the way, which would imply a huge amount of effort needed to successfully market OS X on non-apple computers. Something which they're doing just fine without. And they certainly don't owe the hackintosh owners anything.

    29. Re:Apple did try selling their OS, so did BEOS. by nine-times · · Score: 1

      Why can MS make profits that dwarf Apple's without profiting from hardware?

      Vendor lock-in?

    30. Re:Apple did try selling their OS, so did BEOS. by EStrat · · Score: 1

      Wow, aren't you a silly little person? The quotes around "Apple guys" should go around the "friends" -- one doesn't talk about actual friends in the manner that you do. And how do you think your life and, um, acquaintances in any way act as a microcosm for the world at large? Of course there are people as you describe; but there are people like that who are MS-lovers, or Linux-lovers. So what?

      The fact that you are drawing a conclusion about Apple -- a phenomenally successful and profitable company -- based on your scanty, anecdotal evidence just shows you to be a troll. "Slightly above average" products?? Man, you are clueless.

      And your elementary school analysis of MS vs. Apple would be funny if it wasn't so sad.

    31. Re:Apple did try selling their OS, so did BEOS. by bkk_diesel · · Score: 1

      Nobody really buys a Mac because it's more useful than the alternatives. There's very little that Win\Linux\Mac can do that Win\Linux\Mac cannot, certainly not enough to justify the premium pricing. People buy Apple because they like to own Apple, they like to be an Apple guy or whatever they call themselves. This is a very powerful thing, and Apple is making extraordinary profits on slightly above average products by perpetuating the Apple culture.

      Are you kidding me? Everybody I know who has bought a Mac has done so because it's more useful than the alternatives. The amount of time that I used to spend just making my system "work" was incredible. The "premium pricing" is dwarfed by the value I place on my time.

    32. Re:Apple did try selling their OS, so did BEOS. by DM9290 · · Score: 1

      They care about selling an image, a lifestyle, a brand. Nobody really buys a Mac because it's more useful than the alternatives. There's very little that Win\Linux\Mac can do that Win\Linux\Mac cannot, certainly not enough to justify the premium pricing.

      I've used everything from Amiga, Beos, Linux, OS2, Windows (from 3.0 and after), MS-DOS and OSX.

      The only computer that simply worked was my Macbook Pro running OSX.

      This has nothing to do with image. I have a black case surrounding my Mac so that it doesn't even look like a mac.

      In the same amount of time I've owned my macbook, I can remember needing to reinstall Windows XP on my previous laptop about 5 times. I've never needed to reinstall OSX after using the same machine for almost 2 years.

      With all the linux machines I've used invariably I have some kind of issue getting one piece of hardware or another to work.

      Yes. I pay the premium of owning a Mac, and I'm fine with it. My time is more valuable than what I could save by using another OS.

      I just upgraded to snow leopard and the entire process took place literally while I was sleeping. I put in the DVD, clicked install, clicked continue, it told me it would take 58 minutes so I went to sleep, I woke up later and lo and behold my computer was upgraded.

      I've never had a more painless upgrade experience of any OS in my life.

      I just want my computer to work. OSX on the Mac is the closest I've ever come to that ideal.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    33. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 1

      I do accuse them of an inflated self image, but I never claimed to be superior or intended to exclude myself from "people" when I say that we are stupid. maybe you misread?

      --
      -Lod
    34. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 1

      "I buy apple because its easy to use and maintain. My time is worth far more than a bunch of windows and linux distro headaches."

      good little Apple boy, you've learned the mantra. nevermind the massive bugs and hours of time lost for people who installed that $39 "upgrade". all your files deleted at once.. oops. it's ok, its all part of the Apple Experience.

      --
      -Lod
    35. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 1

      thank you, the one person who seems to have actually read what I said and not what they think I might have said.

      --
      -Lod
    36. Re:Apple did try selling their OS, so did BEOS. by LodCrappo · · Score: 1

      It should also be noted that more of Apple's profits come from cell phones and music players than they do from their 6% of the home computer market share. I don't think your numbers are accounting for this.

      Yes, MS makes most of their money in the business world where Apple has failed. This is why MS can make more profits than Apple selling only software. Yours in the only post I see that seems to know the correct answer to that question.

      Why does Apple fail to interest the business world? A complicated question, but I believe it is because on average businesses don't buy based on image or perceived value, they buy based on numbers. Of course there are exceptions to this rule, but generally a business will not take things like cool factor into consideration.

      --
      -Lod
    37. Re:Apple did try selling their OS, so did BEOS. by Sandbags · · Score: 1

      Microsoft may not sell PC hardware, but they DO sell cell phones, music players, game systems, and lots of other hardware.

      Also, the non-PC divisions of apple are only 39% of their busines. The bulk, as is referenced by their recent Q4 earnings statement for 2009, is that stong PC slaes was the most direct impact to their 47% profit increase with iPhones flat and ipods faultering.

      --
      There is no contest in life for which the unprepared have the advantage.
    38. Re:Apple did try selling their OS, so did BEOS. by Anonymous Coward · · Score: 0

      > Nobody really buys a Mac because it's more useful than the alternatives.

      How in the fuck can this be modded ``4, Insightful" ?!! This entire discussion is based around the fact that freetards want fucking OS X!

      Go back to school and learn some basic logic.

  56. Licensed copy ownership by timbloom · · Score: 1

    I know it's up in the air wether this is appropriate, but it's the truth with most software: You purchased a license to use their product and media from which to install it on your computer. You did not wholly purchase the product. Their license states among many other things, that it is for use on approved hardware only. As the law stands currently, it's their right to do so. Also, running OS X on these machines is often less than ideal. Apple spends lots of time and money on fine tuning hardware and software to work well together in the end product they sell to you. A company like Psystar is going out and selling a product that may have most the elements of a Mac, but will not have the same QA put into it and I don't believe Apple wants to be associated with any bad experience an end user may have. If it weren't for these licenses, the products themselves would eventually cease to make money and, inevitably, cease to exist. If you can find a better way to keep a product from being pirated, being misused, duplicated by a competitor, yet still be profitable.. morally, the software industry needs you. And I think it's also relevant to state that most, but I'm sure not all, hackintosh-style machines are using pre-built pirated copies of the operating system anyway. This isn't just breaking the EULA, it's also just stealing in general. If you spend many a late night hacking around trying to get Apple software to work on your unsupported hardware, you obviously think it's a good product else you wouldn't waste the time. A company that has employees that make a great product deserve to have the money to reimburse their employees for creating that product.

  57. OS X licensing by funkboy · · Score: 1

    If they wouldn't license it to Dell, then they won't license it to you. Not as long as Steve is the boss.

  58. Never gonna happen by rickb928 · · Score: 1

    Apple will not be selling OS X for other hardware ever.

    Not having to support every wack piece of hardware and rely on manufacturers for info, SDKs, or even to write drivers is a blessing, and lets Apple both deliver excellent, reliable products, and focus on excellence, not merely surviving each minor update.

    This is Microsoft's greatest problem.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  59. why is this news? by smash · · Score: 1
    Running OS X on non-apple hardware is a violation of the EULA. Apple are merely helping to ensure compliance with their EULA. If you want to run OS X, buy a macintosh and do it legally. If you don't then put some support into GNUstep, or one of the many other free desktops.

    Yes, the OS is subsidized by the hardware sales. Its apple's business model - deal with it. If you don't want to pay for apple hardware, then don't run apple software. Quite simple...

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    1. Re:why is this news? by Trarman · · Score: 1

      Slashdot is News for Nerds... not News for Nerds Who Obey All Questionable EULAs. :) I for one am grateful for this article, otherwise I may have foolishly upgraded my Dell Mini 9. (When Apple sells a netbook, I'll retire my mini... )

  60. Re:Informative? by jawtheshark · · Score: 1

    No... They only modded the original comment.... Not any of my additions. You might just have to accept that Apple isn't the pinnacle of computing. As aaid, I recommend it to beta users, I recommend Wndows to Gamers and Power-Users who cannot get out of the paradigma...... Debian is for those of us, who know, who can learn..... Ubuntu is for those who don't want to bother (me at my work, my mom, my dad... my brother). There is no one solution. You just need someone to evaluate the sutuation and find the best path.

    --
    Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
  61. Still two things missing... by Hamsterdan · · Score: 1

    Great! now if I want something portable, it has to be a 1000$ machine. It gets worse if you want a desktop system. It's either an all-in-one type (mini and iMac) or a full-blown workstation . Their current lineup is missing a small netbook-type machine and a small tower (between iMac and MAC PRO).

    --
    I've got better things to do tonight than die.
  62. Another f**k up for Apple! by Anonymous Coward · · Score: 1, Insightful

    They blocked iTunes from the Palm Pre...

    They blocked Google Voice from the iPhone...

    They will now block OSX from non-apple computers...

    Isn't it time people get unblocked and get a PC already?

    Life, without walls.

    1. Re:Another f**k up for Apple! by Canberra+Bob · · Score: 1

      Then go forth and get your PC. Nobody here is stopping you.

    2. Re:Another f**k up for Apple! by Anonymous Coward · · Score: 0

      1.) Who cares? Blackberry managed sync with iTunes. Not a problem with Apple, but with Palm being lazy.
      2.) Probably more to do with AT&T than Apple, and the exclusivity is going to go some time.
      3.) Business as usual in that case.
      4.) If you like what Apple offers, the "walls" are irrelevant. Don't like it? You don't have to buy Apple products -- that's why choice is so great.

    3. Re:Another f**k up for Apple! by intheshelter · · Score: 1

      I'm not dumb enough to have bought a Pre.

      They should allow Google Voice on the iPhone, right after Google addresses the valid privacy concerns exposed 2 weeks ago.

      It's not their job to make OS X compatible with hacker computers. And they have a valid concern in blocking it, to protect their user experience and reputation.

      Unblocked on a PC? Are you kidding me? Try running unblocked there Einstein. No firewalls, no anti-virus, no anti-spyware. THAT would be unblocked. Try that on your PC and see how long before you've been violated.

      Unblocked on a PC, give me a break.

  63. Cheap hardware... by sitarlo · · Score: 1

    ...is just cheap. A hackintosh isn't as quiet, cool, and well-built as Apple hardware. My iMac sits right next to a high-end PC and I use both daily and I can tell you that the Apple hardware AND software beats the PC/Windows thing hands down. I used to prefer Windows and Linux to Apple, but that has certainly changed for me in the past few years. The thought of running OSX on cheap PC hardware doesn't appeal to me at all. It's like running Solaris on a PC instead of a Sparc box. It just doesn't feel right.

  64. No Apple Netbook? by Anonymous Coward · · Score: 0

    So does this mean Apple isn't considering making a netbook? At least making a netbook with the Atom processor ...

  65. Your Rights vs. Apple's Rights by DesScorp · · Score: 1

    They have NO RIGHT to tell me what I can or can't install their OS on.

    Well, yes they do, more or less. The license explicitly states that it is only to be used on authorized hardware. If you have a problem with that, then don't use OS X. You don't own the program, they do. You only have a license to use it as they allow.

    I like OS X, and think it is, for the most part , an outstanding operating system. But I never understood the pass that Apple got from most Slashdotters just because they made the Mac Unix-based. Apple has more restrictive policies than Microsoft ever did. People here simply bought into the reality distortion field, whether they admit it or not.

    --
    Life is hard, and the world is cruel
  66. Hackintoshes were inevitable... by initialE · · Score: 3, Insightful

    It was bound to happen the moment Apple moved to the intel platform and started using commodity hardware. What this article is saying is that Apple will not consider a low-cost low-power computer with an Atom inside it. Guess you won't find that option in the next refresh of the mac mini. They're being anal of course, since they're actually adding extra code to lock out that processor series.

    --
    Starbucks, Harbuckle of Breath.
  67. No special creator rights outside of copyright by caseih · · Score: 1

    No you don't have any special "rights."

    You certainly could put conditions on the sale, but only on the first sale. The doctrine of the right of first sale prohibits you from imposing conditions beyond this. If they then sold the product to a third party, your terms could not possibly have any force on the third party. You could, however, make customers sign a contract before selling them the software. Similarly book publishers make book resellers sign contracts that they will not sell a book without a cover. Hence if a lot of books cannot be sold, the bookstore rips off the covers, indicating that the lot has been "destroyed." And they are forbidden from selling these now coverless books not by law, but by contract. If I were to pull the coverless books out of the landfill, I could sell them to anyone I want without any repercussions. After all, I am not bound by that contract. The book seller might be sued for breach of contract for not properly disposing the coverless books. But they have not legal recourse against me.

    Really, outside of copyright law, Apple has no special rights once they've sold a copy of the OS to you. Neither do you as a software creator have any rights when it comes to dictating how a customer uses your software within the bounds of copyright law, unless you arrange a contract with the user before the sale is completed. Many software companies that sell expensive, vertical market applications actually do this. But a EULA isn't the same thing. So while you may say that all these wannabe Mac users are whining about Apple playing dirty (they are whining and Apple is playing dirty), you are also whining. Your case simply has no grounds.

  68. Mac isn't better by masmullin · · Score: 1, Troll

    Mac isn't better, its just different. I'm a mac user for the past 3 years, and my next machine will be non-mac. To me the Pros do not weigh more than the cons+price.

    1. Re:Mac isn't better by ducomputergeek · · Score: 1

      I've been a mac user for 8 years. And no plans to go back. I switched to Apple because they offered a Unix based laptop that worked with commercial software support. At the time I was fighting with a biege box that ran Linux okay, but half the hardware didn't work like sound card, and Windows, which wasn't exactly stable. I was doing a lot of *iux development and Apple provided me with the platform that could do the most. Did it cost more up front? Yes, but when I got out into the working world I learned that my time ain't free. What the entire package saved me in terms of time, since it did what I wanted without having to mess around with internal settings that much, the price difference paid for itself quickly. Especially at the rates I get paid to solve other peoples problems. And I can't be doing that if I'm trying to fix my own shit.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  69. Re:Why continue to reward a company that does this by Anonymous Coward · · Score: 0

    My answer to Apple's attempts at vendor lock in have always been DON'T BUY THEIR CRAP.

    This was true back when most Mac hardware such as cdrom drives or hard drives required tags in firmware for the computer to recognize it, even though there was nothing otherwise different about the unit whatsoever.

    This is just the same old shit.

    I don't have to worry about what OS-X will or will not run on because I do everything I can to avoid dealing with it in the first place.

    Complaining about Apple will not hurt them, but withholding your funds from them sure as hell will.

    Waaaa Waaaa Waaaa. I do not personally have anything against building a hackintosh, but I question what the point of it would be. If you want to use OS X, why not buy a Mac? Yes, I see that Netbooks are smaller, cheaper, lighter, more portable than the Macbook, for instance, but I really wonder if all those complaining about their Mac Netbooks being locked out with the next update, if they even purchased OS X to begin with. The answer is that 99% of these people downloaded a torrent of the OS, along with other files to make the hack work. You think Apple Hardware is overpriced? You may be right. So instead of buying a Mac, you buy a cheap Netbook and steal OS X, then complain when it doesn't work right and complain about Apple. And if there are some out there that built a hackintosh with a 'real' copy of OS X, do they have a right to complain. I don't think so. The licensing clearly stipulates that they only allow their OS to be installed on Apple Hardware, they neither support, or ALLOW any other possibility, and they are within their rights to enforce that.

    Besides, do you really think that internet community in 2009 won't be able to figure out how to get around this eventually, anyway. I'm sure they will. In the meantime, quit complaining and just don't upgrade.

  70. Flawed justification. by Anonymous Coward · · Score: 0

    I can buy a Lexus radio from their dealership and install it in a Yugo if I so want. Lexus does not insist that it can only be used on a Lexus car, and will not sue me if I then sell that Yugo to someone else. What's is s different in OSX that gives Apple a pass from you fanbois?

  71. Re:Why continue to reward a company that does this by Reverend528 · · Score: 4, Insightful

    Complaining about Apple will not hurt them, but withholding your funds from them sure as hell will.

    Well, if the 40 people in the world who realize that they can install an os that didn't come on their computer and think that OS X is worth installing withhold their funds then...

    apple probably won't notice.

    but if all 40 of them come here and complain, then apple will...

    still probably not notice.

  72. Microsoft trolling by Anonymous Coward · · Score: 0

    Many of the replies on this article give a fishy smell. I wonder how much money Microsoft is this FUD costing Microsoft.

  73. Re:Who cares? by Anonymous Coward · · Score: 0

    Oh look, it's GNU/Falconhell. Having fun using your GNU/open sores? Linux is the best. Blah blah blah. I bet you also love your Saturday nights in your basement with your buddies playing D+D.

  74. Durrrr by Anonymous Coward · · Score: 0

    you blog is ghey and so r u!!!

  75. Reading is fundamental. by Anonymous Coward · · Score: 1, Informative

    The exchange being referred to necessarily takes place *before* you set up the software.

  76. Re:Raises The Sell OS X Standalone Question. Reall by Anonymous Coward · · Score: 0

    Because it increases competition in the hardware market obviously. Its funny that when we are talking about Microsoft and PC's we state how competition between manufacturers has made it good for consumers getting in most countries cheaper hardware and that anything Microsoft does to lock people into it is wrong. Yet when Apple do the same its great because we all love Apple.

    Apple is bascially using a complementary product strategy in an attempt to overcharge for hardware that is priced better elsewhere.

  77. Fix bugs or lock out processors? by acomj · · Score: 1

    I built a hackintosh. I have an slightly older mac tower and wanted a machine in the 1200$ price range to go with my existing monitor. I'm a part time photographer and like OSX. It works great. I love the OS but don't like Apple's forced hardware choices, way too limiting. They are shooting themselves in the foot, I know photogs who switched away and are never coming back because apple doesn't sell affordable towers.. Adobe lightroom makes it easy to move away.

      I have a mac book and love the thing. I bought the Mac Leopard OS to install on it.

    I wish Apple engineers would spend more time squashing bugs than removing support for other processors.

  78. It's their brand by el_tedward · · Score: 0

    It's really just an effort (a rather lazy one?) on their part to protect the image of their brand. They have a limited number of drivers they work with, so it makes it easier for them to create a better working more stable product.I'm not arguing that this is the right thing for them to do at all. I'd think it'd be great if anyone who wants to run OSX on their PC or netbook could do so without running into crap like this. Microsoft, on the other hand, works to make their software assimilate every piece of hardware, so they aren't able to polish their drivers quite as much, even with their billions and billions of dollars. Linux gets the shit end of this stick.

  79. Crappy Summary, Iffy Article by 99BottlesOfBeerInMyF · · Score: 5, Informative

    The summary is misleading. The original source of all this hubbub is http://stellarola.tumblr.com/post/225234492/10-6-2-kills-atom-and-other-news. Basically someone noted that a lot of stuff in the kernel has changed so that the Atom processor that developer was using no longer works after the build. They list three work around methods. There is no inside information that this is an intentional attempt to block Atom processors as the summary's wording strongly implies.

    The summary then goes on to speculate about the improbable and impractical wet dream of the writer that Apple should start licensing OS X to generic PC makers, completely ignoring the economic realities involved. You might as well end a summary of an article about MS losing an antitrust case by claiming it raises speculation MS will open source Windows under the GPL.

    1. Re:Crappy Summary, Iffy Article by velen · · Score: 1

      Some actually RTFA? Miracles do happen.

    2. Re:Crappy Summary, Iffy Article by Anonymous Coward · · Score: 0

      The summary is misleading. The original source of all this hubbub is http://stellarola.tumblr.com/post/225234492/10-6-2-kills-atom-and-other-news....

      Of course this is at the bottom of the page. It's the first useful post all the way down.

    3. Re:Crappy Summary, Iffy Article by konohitowa · · Score: 1

      The summary is misleading.

      Since when has kdawson let the facts get in the way of a frothy anti-Apple story? Yeah, I know it was only approved by kdawson and not authored by, but the trend is definitely "if it's anti-Apple, approve it without verifying any detail in it" -- especially if it's likely to rile up the "Free as in Food Stamps" crowd.

  80. Apple WON'T sell licenses for non-Apple hardware by Chas · · Score: 1

    The minute they do, their scheme of tighly controlled software on tightly controlled hardware goes out the window.

    At that point, people buying OS X will see that it's no more or less stable on the gamut of hardware in the x86 sandbox than Windows is.

    Additionally, the need to actually set up a full-time hardware testing lab (a'la WHQL) would eat, dramatically, into their famous profit margins).

    --


    Chas - The one, the only.
    THANK GOD!!!
  81. Simple solution. by bXTr · · Score: 1

    So OS X can only be installed on Apple-branded hardware? What's Apple-branded hardware? Hardware with the Apple logo on it?

    Every copy of OS X comes with about four stickers with the Apple logo. Take one, slap it on your PC and enjoy.

    Problem solved.

    --
    It's a very dark ride.
  82. Re:Why continue to reward a company that does this by indiechild · · Score: 1

    Well said.

    If you're whining so bloody much, don't buy Apple stuff. Simple.

    And if you buy Mac OS X purely to run on a hackintosh, you're not a customer of Apple's, no matter how much you whine and protest.

  83. Apple wants your soul by kawabago · · Score: 1

    Apple wants to own your soul. You have to use their hardware for that to happen.

  84. Re:Why continue to reward a company that does this by Anonymous Coward · · Score: 0

    This was true back when most Mac hardware such as cdrom drives or hard drives required tags in firmware for the computer to recognize it, even though there was nothing otherwise different about the unit whatsoever.

    This has never been the case. Early versions of Apple's drive formatting software would only format Apple branded drives, but this is because a drive-specific driver would be loaded onto the drive, and Apple couldn't ensure compatibility with other drives.

    You could always format the drive with a 3rd party utility, which the drives usually shipped with.

  85. No, not time for unbundling the software by Anonymous Coward · · Score: 0

    "But, it raises the question: is it time for Apple to sell a license for non-Apple hardware — priced accordingly of course — for those people who want OS X on platform types Apple has not yet adopted, like the netbook?"

              Nope. The OS is a big deal to Apple, but is not where they make the big profits. They made money selling PowerPC systems at huge prices, and now make money selling plain ol' x86 systems in a fancy case at a huge markup. They do not want to give up that market just to sell more (relatively) low-margin copies of their OS. This is also why they'll never make a netbook -- netbooks are also low-margin. They may eventually make something they'll CALL a netbook, but it'll be over $1000 placing it well out of the netbook price range.

    " The only reason OS X is not on my Eee is that I want to comply with the licensing terms. I could just pay for a license to use it."
              And that's why they won't do it. To run OSX, they want you to buy a $1000+ machine from them, not a $300 machine from someone else and then a $50 (or even $100) OS from them.

              I should add as a practical matter, Jobs is a control freak and a perfectionist -- he wants things just so. He also does not want OSX on other machines for aesthetic reasons -- it'd probably just kill him if he found out someone hacked OSX onto some box then had volume control not work for instancce (I assume OSX has these problems just like any other OS -- who came up with the bright idea anyway on these newer sound chips that line in, line out, mic,. etc should be wired to the chip however the machine builder feels like instead of some standardization?)

              I'm not an Apple fan, but I'm just telling you how it is.

    1. Re:No, not time for unbundling the software by Corson · · Score: 1

      Thou sayeth sooth, but that works for Apple. Over the years they created an image of what they are and how they build machines and, hey, they found a niche for it. The 10% of the market they cater to looks exactly for such things in a computer -- aesthetical, overpriced, different, easy to use systems. Apple sell hardware, not software, which is just an extra reason for potential customers to buy their hardware.

      I have used Apple desktops for many years but I will never buy one for the resons you mentioned. They are nice to look at and work with, though.

    2. Re:No, not time for unbundling the software by phillymjs · · Score: 1

      ...it'd probably just kill him if he found out someone hacked OSX onto some box then had volume control not work for instancce (I assume OSX has these problems just like any other OS...

      Right now, building a Hackintosh is not unlike building a system to run NeXTStep back in the day... there's a list of supported (by OS X, not Apple) components to choose from, and you go from there. I just built one recently, and had to mess with a couple things to get everything working perfectly. Sound didn't work until I applied an edit to the DSDT (differentiated system description table) file for my motherboard, and added a custom kernel extension. I had to slightly edit an Apple kernel extension to get OS X to understand that my hard drives were internal and give them the appropriate icons. And I had to use a different ifconfig that can kick the network interface into promiscuous mode to get Bonjour networking to work.

      I've got my Hackintosh set up so nearly all the "hacky" stuff is on a USB stick that has the EFI boot stuff OS X needs, the Chameleon bootloader, and the kernel extensions and stuff that fix the other issues. It's themed to look exactly like Boot Camp, and dual boots into Snow Leopard and Windows 7 (by default into OS X if I don't press a key to get the selection screen). The only thing it can't do is boot from a DVD, which as I understand it is a limitation of Chameleon that may one day be rectified, but booting from an 8GB USB key with the OS X install DVD copied onto it works great.

      Putting it all together was pretty easy thanks to those who have gone before. I just had to do some googling, some downloading, some reading, and post a few questions on some forums when I got stuck.

      If Apple ever does open up OS X to run on non-Apple hardware, I would guess they'd do much the same as NeXT did... you'd get a list of supported components to pick from, if you use something other than stuff on the list and get it to work, fine, but don't call Apple for help if you have problems.

      ~Philly

  86. Re:There won't be any "open OSX"; and by the way . by Anonymous Coward · · Score: 0

    allright! a voice of sanity in a storm of idiocy. Every point you made was right on. Apple is a HARDWARE company. No one gets its. Apple makes software so you'll buy their hardware. As long as the hackintoshes stayed under the radar they ignored them but I've seen a lot of atom netbooks running leopard lately. One guy at work has it on his aspire one. It runs about as well as my G4 ibook. I must say I was impressed and a little envious. Converting video on my Dual G4 powermac is considerably slower than my AMD dual core tower. And linux tools are starting to work pretty well. I just can't pay the premium for a new mac. But then I'm not giving M$ my money either. If I had to choose between a Mac or Windoze I'd pony up the cash for the Apple but linux makes it possible to avoid that choice. But I'm not really apples market either. Apple knows who it's market is and they cater to it better than anyone else.

  87. Why doesn't apple encourage adoption? by jwhitener · · Score: 1

    I understand that apple sells hardware+software as a single package. That is their business model, and it is fairly successful keeping quality high and guaranteeing "the apple experience".

    What I don't understand, is how apple intends to increase market share by continually, intentionally, limiting the ways that a non-apple user can experience their software.

  88. The EULA part by ThrowAwaySociety · · Score: 1

    You're a damn liar. I'm holding the Leopard box that I walked into an Apple Store and paid full retail price for. Looking at the label, it says "MAC OS X V10.5 RETAIL". The DVD inside says "Mac OS X Leopard Install DVD". WTF part of that sounds like "upgrade" to you?

    The EULA part. That's the only part that matters. Words like "Upgrade" or "Full install" or "OEM" have no legal meaning.

    1. Re:The EULA part by mrchaotica · · Score: 1

      Words like "Upgrade" or "Full install" or "OEM" have no legal meaning.

      Neither does the EULA!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  89. Re:Why continue to reward a company that does this by caitsith01 · · Score: 1

    Complaining about Apple will not hurt them, but withholding your funds from them sure as hell will.

    Well, if the 40 people in the world who realize that they can install an os that didn't come on their computer and think that OS X is worth installing withhold their funds then...

    apple probably won't notice.

    but if all 40 of them come here and complain, then apple will...

    still probably not notice.

    Funny, but it does add up.

    I know of at least three people of my personal aquaintance (me plus a couple of others) who actively (a) avoid all Apple products and services and (b) discourage our friends and relatives from acquiring any Apple products or services.

    For each of us this is motivated by a combination of: Apple's pricing; Apple's horrible approach to Windows software and, specifically, the existence of Quicktime for Windows in its present form; Apple's reliance on image and 'coolness'; Apple's horrendous and irritating TV ads; and Apple's horrible approach to DRM.

    You'd be surprised how influential a tech person saying to a non-tech person "oh god, don't buy X, it's an over-hyped piece of junk made by a company who will screw you when you least expect it" can be. Or just, "you do realise that Apple reserves the right to pull the plug on anything you buy for your iphone if they decide it doesn't meet their random standards". Or "you can get a similarly specced Windows laptop from a reputable company for much less money". And now, thank Christ, "Windows 7 is actually pretty good".

    Personally I have talked a couple of people out of buying Apple products (ipods, iphones and in one case a laptop) so right there word of mouth has cost them a couple of thousand $. If my two friends have done the same that's $5-6k just in my little circle... how much is it worldwide? Maybe not that much yet, but if they keep up their recent form it'll grow.

    Piss off enough people and it DOES matter. Look at MS, they finally have a good product again and it's going to take everything they've got to overcome the giant mountain of hatred they have conditioned into tech people worldwide.

    --
    Read Pynchon.
  90. iDon't work on Atom processors. by Anonymous Coward · · Score: 0

    (eom)

  91. Seriously man, you need an enema by Anonymous Coward · · Score: 0

    "Break the agreement at your peril"

    That's such a dopey thing to say.

    Think of it. You get your dell netbook, go to the apple store, pay them $130 for an OS, install it on the netbook, and you believe there's some peril associated with it?

    Like what.... the apple police will hunt you down? You'll go to hell because god is an apple fanboi? Bad Karma?

    Do you talk a lot like that at school, and do you find yourself mainly in the company of other young boys who say "hella" a lot?

  92. MacEnvy by ThinkTwice · · Score: 1

    People buy a Mac because it is easy to use and it just works. I have a couple Atom boxes (a single and dual core) and have thought about installing one of my family licenses (10.5 or 10.6) on one of them, but I haven't had the time (or I am to lazy). Originally it was a pain to install Linux on the Atom, because of the Ethernet drivers, but now they work good with Linux. I recommend Macs to my family and friends, because I don't have to do tech support for them, they can figure everything out themselves. We have a few Macs in my immediate family and a couple Windows boxes and few Linux boxes. I use the Linux boxes as servers/appliances and seldom use Windows. My kids use Windows at school, but mostly use Macs at home and have been syncing their iPods and now iPod Touches to the Macs since they were young. I still like to play with Linux, but when I want to use a computer I use a Mac, because it just works.

  93. Nope. by BlueBoxSW.com · · Score: 1

    Next question, please.

  94. Re:Why continue to reward a company that does this by Anonymous Coward · · Score: 0

    Complaining about Apple will not hurt them, but withholding your funds from them sure as hell will.

    Well, if the 40 people in the world who realize that they can install an os that didn't come on their computer and think that OS X is worth installing withhold their funds then...

    apple probably won't notice.

    but if all 40 of them come here and complain, then apple will...

    still probably not notice.

    But if the 40 people are bloggers, others will notice.

  95. Leave them alone will ya by Edmund+Blackadder · · Score: 1

    It is their software if they want it to make it not work on some processor, it is their right.

    There are plenty of perfectly fine and free operating systems out there. I have no idea why people waste so much effort trying to cross port OSX when they can get linux and BSD for free.

    I suppose those are the same people that go to new york to buy fake luis vutton purses.

  96. lol by rakslice · · Score: 1

    Hasn't Apple already released 10.6 XNU kernel source? I guess 10.6.2 _could_ be the version that Apple stops releasing x86 kernel sources forever, but quite frankly the rumour mill has been saying that Apple wouldn't be releasing x86 kernel source any more for at least the last two OS versions worth of x86 source code releases.

  97. So don't use OS X by putaro · · Score: 4, Insightful

    It wasn't sold to work on random hardware. It was sold to work on hardware that Apple sells. No promises were made, express or implied, that it would work on Atom processors.

    It is an express case of disabling things so you can't use it in a certain manner. Hello! That's what the whole Free Software thing is about. Don't use the Apple software if you don't like it. No one misled you about this.

    1. Re:So don't use OS X by Anonymous Coward · · Score: 0

      So if the hardware lock is so precious, why did Apple switch so completely to PC hardware? Why not build up a mobo architecture that takes Intel chips but will not result in an OS that pretty much runs on anything?

      The way I see it, there's a fine line between Apple and those annoying software companies that make you carry their dongle around.

    2. Re:So don't use OS X by Sandbags · · Score: 1

      Exactly. Apple included support for intel x86 processors since alpha development of OS X 10.0, but they did not ENABLE support for it until much later. The Atom is a unique chip. Though Application code runs on it normally, OS level code requires custom support, and since Apple has NO intentions of letting OS X run on netbooks, as the performance of such can not rightly operate the OS in Apple's chosen user experience standards, they have since disabled it.

      When they're ready (or rather, when the Atom is ready) Apple can easily re-enable support.

      --
      There is no contest in life for which the unprepared have the advantage.
    3. Re:So don't use OS X by smitty97 · · Score: 1

      Bootcamp/VMware/Parallels is a big selling point for those that need to run a couple of Windows only programs. It's easier to switch to a Mac if you know you can use stuff you already have on the new platform if you need to. Without the common platform, we'd be stuck with SoftPC and the like. Remember how crappy that was?

      --
      mod me funny
    4. Re:So don't use OS X by Anonymous Coward · · Score: 0

      Kinda, but I'd say the GPL equivalent of this would be software refusing to run if it detects "wrong" kind of linkage. (bonus points for knowing the program)

    5. Re:So don't use OS X by toddestan · · Score: 1

      Huh? The Atom is a standard x86 chip. There really isn't anything fancy about it, you don't need custom support at the OS level. About the only thing you might have to watch for is that it doesn't have all the latest and greatest tech like SSE4 and x64 (except for the latest model), but an Atom will otherwise run any code that a Pentium 4 or the original Core processor will run.

    6. Re:So don't use OS X by Sandbags · · Score: 0

      Custom support, in that Apple needs to identify the Atom and understand it's code set limitations.

      OS X uses parts of the microcode (or is moving to further leverage them) that cuase the Atom to be an exception handle.

      Further, it;s low performance is something Apple needs to be keenly aware of, as well as it;s chipset features which are lacking.

      I did not state the Atom would not run code, but the OS lernel DOES require custom code to ID it and handle exceptions for missing features and lack of performance.

      --
      There is no contest in life for which the unprepared have the advantage.
    7. Re:So don't use OS X by toddestan · · Score: 1

      What a bunch of nonsense. You do not need to do anything special to make the code run on the Atom. It's a standard x86 chip. Look at Windows XP - it runs on the Atom despite predating it for years. Linux needed no modifications to run on the Atom. The only reasons OSX won't boot on the Atom would be that:

      1. OSX uses x64 and/or SSE4 which the Atom lacks. This may be the case someday, but for the time being disabling support for processors without those features also means OSX won't boot on the original Intel Core Duo Macs. Support hasn't been dropped for those computers, which leaves us with...
      2. OSX specifically checks for the Atom and refuses to boot on it.

      Now it's possible that the performance might not be the greatest, but Apple has OSX running on the Apple TV and still supports the original Intel Core Solo Mac Mini, both of which are pretty weak in the power department.

  98. Re:There won't be any "open OSX"; and by the way . by Anonymous Coward · · Score: 0

    Right on!

  99. The real issue nobody is addressing by pastafazou · · Score: 1

    Apple is locking this processor out because it is a market that by their own intention represents 0% of their business. They know that any installation that is running on these processors, is not a legitimate install, so why not block a processor to cut down on pirating? Now if the hackers who want the OS on this processor paid a license out of good faith, I wonder if Apple would be so quick to shut them down?

    1. Re:The real issue nobody is addressing by mrchaotica · · Score: 1

      They know that any installation that is running on these processors, is not a legitimate install, so why not block a processor to cut down on pirating?

      Because when people buy a copy of OS X off the shelf and install it on their netbooks it IS a legitimate install, regardless of what unenforceable bullshit Apple's delusional lawyers wrote into the damn EULA!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:The real issue nobody is addressing by Devout_IPUite · · Score: 1

      You know what else cheeses me off?

      Websites that deliberately block Linux users... Those are bad too.

  100. At some point someone will remember that... by rusty0101 · · Score: 1

    ...when it gets down to it, the MacOS X platform is a Unix kernel and a collection of libraries and UI tools that ride on top of it. The collection that rides on top of it is based on the NeXT Step design and that already has an open source implementation called OpenStep.

    The only thing preventing someone from going beyond that and implementing the remainder of the UI on a BSD kernel running OpenStep is either the fear of being stomped on legally by Apple, or the self-fulfilling belief that it can't be done.

    OS X users are already benefiting from the experience gained in the development of Wine. If they want their favorite platform to do what it does so well, on the hardware they want to use it on, it is honestly going to be up to them to decide how they are going to deal with the fact that Apple is not only going to be opposed to that stance, Apple is going to act on that opposition.

    --
    You never know...
  101. According to slashdot, GPL is invalid by aristotle-dude · · Score: 1
    The SLA or Software Licence Agreement is something that you enter into when you purchase software in the same way as when you agree to download a licensed graphic for use in derived works.

    You are not purchasing the "copy" right but rather a license for a copy of said work regardless of whether it is a graphic, compiled software or source code. They are all protected by copyright law and are licensed in different ways by the copyright holders. If you do not agree with the license, do not use the product.

    If the creative commons license is valid and the GPL is valid and supported by copyright law then so is the SLA of OS X. No copyright holder has to provide a non-upgrade copy separate from their preferred distribution method. OS X is no different than firmware in the sense that the full version is only distributed with macs and only upgrades can be purchased.

    The SLA for OS X is available here:

    http://www.apple.com/legal/sla/

    If slashdot readers expect others to respect the GPL or the Creative Commons Licenses, then the SLA posted by Apple for Snow Leopard should be respected as well.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:According to slashdot, GPL is invalid by Budenny · · Score: 1

      There are two cases which are in contradiction on this point. The first is Vernor vs Autocad, where it was found that when you buy a copy, you do indeed become the owner of that copy in one particular sense which is relevant to installation of software (as we will see). The second case is Blizzard, in which it was found that you do not become the owner, but are only the licensee.

      The sense in which you need to be the owner is that of Title 17 Section 117. If you are the owner of a copy in that sense, you have the right to both make any copies or adaptations essential to use with a machine, and you also have the right to authorize others to do so on your behalf.

      Blizzard found you are not the owner in the sense needed. The implication of only being the licensee and not the owner of a copy is that you need some permissions from the owner of the copyright in order to make copies. It is established law since MAI that when you load software into memory to run it, you are making a copy in the sense of the copyright legislation in the US. It is not so clear that this is true outside the US, which may be important.

      The permissions given, according to Blizzard, are given in the EULA. It follows that if you break any EULA condition, you no longer have permission to copy, and so your next use will be in breach of copyright. This means that not only can you be sued by the owner for breaching a civil contract with him, which you entered into by click through. You will also be subject to prosecution for breach of copyright, which is a criminal offense.

      It follows that breaching the EULA in ways that have intrinsically nothing to do with the act of copying can put you in breach of copyright on subsequent use. If, for instance, the EULA says that you will not have on your computer or install in future a copy of mdbtools, whether this is relevant or not to the software you are installing, then if you do, you are in breach of copyright. Even if what you are installing is, for instance, a calculator program, or a photo retouching program, or a calendar, or whatever. If the EULA says you must wear a particular uniform, be under a certain weight, be of a certain racial or ethnic or religious background, if you use it not being or doing any of those things, you are in breach of copyright.

      The Church of Scientology could, for instance, put in the EULA that a freely sold copy of some software was only to be used by paid up members of the Church, and anyone who used it would then be in breach of copyright if he either was not in or had left the Church. Political parties could license material to their members and ban non-members from looking at it.

      Remember, its the act of loading into memory that is copyright violating now, not the act of duplicating and distributing. This is because if Blizzard is the binding precedent, the protections of Section 117 no longer cover use of software by a buyer of a retail copy.

      On the other hand, if Vernor is the binding precedent, then you are the owner of the copy, and you have S117 rights to do any adaptations necessary to use it with a machine. A machine. This means, if its OSX, the machine of your choice. You will then be liable to civil suit by Apple for breaching the civil contract of the EULA, but you won't be in breach of copyright.

      All this has no bearing whatever on the GPL. If you are the owner of a copy, you are only exempted in terms of further copying and the making of derivative works by S117, and this only covers use with a machine. A machine. Not machines, not any particular brand of machine. A machine. One machine of your choice, unless given other permissions.

      This means that the GPL sections which regulate what you may do in the way of copying, making new works with, distributing, remain valid. It is a common piece of Cupertino FUD to say that if Apple loses the power to restrain installation of OSX to its own brand of computers, the GPL falls. It does not.

      All that falls is Apple's power to sell at retail

  102. IANAL by Kickasso · · Score: 5, Informative

    As MacOS is not copy protected, there's nothing to circumvent there, DMCA-wise.

    1. Re:IANAL by Creepy · · Score: 1

      Mac DVDs aren't copy protected, but the DMCA also forbids decoding of encrypted files and
      some files like com.apple.Dont_Steal_Mac_OS_X and the Finder are either fully or partially encrypted files loaded at runtime. The former is used to detect mac hardware and give keys for decrypting other parts of the OS.

      So basically, mac adds a check for atom processors, throws it into the encrypted Dont_Steal_Mac_OS_X kernel extension, and suddenly no atom support without a DMCA violation. Of course, traditional copyright law says you can do whatever you want with a copy you own with the type of license Apple sells, including removing copy protection and moving it to platforms it wasn't intended for (i.e. you can legally make one backup), so the law seems a bit ambiguous to me.

    2. Re:IANAL by Kickasso · · Score: 1

      Hm. Indeed. OK. Anyway, I'm not in the US and we don't have DMCA here yet.

  103. Re:Why continue to reward a company that does this by Anonymous Coward · · Score: 0

    As one of those 40 people... it's sad because it's true.

  104. Re:Why continue to reward a company that does this by gmhowell · · Score: 2, Insightful

    And meanwhile, those of us techies, without axes to grind, when asked why we never have trouble with our computers will say "I bought a Mac" and convince even more.

    Anti-Mac people and Linux people... Do you have any idea what the average person thinks of you? They view your paranoid rantings and ravings with the same aversion as the panhandler on the street complaining about the CIA listening to his thoughts through the fillings in his teeth.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  105. sold as an upgrade by Kickasso · · Score: 1

    Could be sold as frisbies for all I care. Nobody has any right to prevent me from feeding their DVD to my pet lizard.

    1. Re:sold as an upgrade by Anonymous Coward · · Score: 0

      But we are not talking about the physical DVD. You can do what you want with that.
      We are talking about the data on the DVD. That is an upgrade for a product that you already own. Oh wait you don't and you are just installing it on random shit.

  106. Right. by Kickasso · · Score: 1

    When I decide to start distributing their OS, I sure as hell will study their license.

  107. Re:even out by people like me by isipMakina · · Score: 1

    who were introduced to os x via a hackintosh. who before that never had a plan on getting an apple computer but is now an owner of a macbook.

    more often than not, a hackintosh will lead to an apple hardware purchase.

  108. This is stupid by Orion+Blastar · · Score: 1

    Apple should be using Atom based Mac Netbooks to sell under $300 Mac Netbooks that runs Mac OSX to compete with the Windows XP/7 Netbooks and Linux Netbooks.

    Now if Apple wants to use Atom based processors they are SOL unless they modify the OS to allow it.

    Not like they can stop the Hackintosh, Mac OSX86 Hackers patch the OSX kernel and code with code and the kernel from Darwin or even a version of *BSD Unix that supports the Non-Apple hardware like AMD 64 Bit CPUs for Non-Apple PCs to run OSX86 as it is called. Apple tried to close source the OSX kernel but the Darwin kernel is almost the same thing and the source code is available for it, and Hackintosh programmers just unassemble the OSX kernel and binaries, and then patch in the assembly from the Darwin and *BSD Unix code. You have to remember the Hackintosh OSX86 is a modified OSX with the DRM removed and the check for Non-Apple hardware removed and more support for Non-Apple hardware added like AMD and Atom chips. The Mac OSX weakness is that it is based on open sourced operating systems like Darwin and the MACH kernel, and *BSD Unix, which means Hackers can exchange code from the OSX install DVD with code from the OSS projects. Apple can stop a few hackers, but they cannot stop them all. But it will take time for the hackers to get around this latest version of OSX.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  109. Re:There won't be any "open OSX"; and by the way . by Orion+Blastar · · Score: 1

    I have about five older Macintosh computers in my basement. I learned a long time ago that Apple was ripping off users by charging a high price for their hardware and limiting their OS to only Apple brand computers. What ticked me off for the last time was the killing of the Mac Clones like Power Computing, etc. I was going to buy one, but Apple killed them off. I instead got an iMac Bondi Blue G3 and that was the last Mac I got as it ran Mac OS9 and there was no upgrade path to Mac OSX, buy a new system. My iMac G3 didn't qualify for Mac OSX even if it was a slot loading CD Mac, they made a Firewire requirement and while it was possible to hack Mac OSX to install on a non-firewire iMac G3 it would require a hard drive upgrade, a RAM upgrade, and maybe even a CPU upgrade and I might as well have bought a newer Mac because the price Apple charges for the upgrades costs more than the PC versions of those upgrades as well. If I used PC parts it would void my warranty plus Apple claimed it would make the iMac unstable.

    I was going to buy a Mac Mini, because finally it was the cheapest Mac, but because it is so small it is prone to over heating, plus upgrades for it are limited. Then the Intel Macs came out, and the Mac was just another PC but with a higher price tag and a different OS installed.

    Yeah sure I could buy Mac OSX legally, but without an Apple hardware Macintosh I couldn't use it legally. My old Macs won't be able to run it, as the modern OSX no longer supports the old G3 series and requires more RAM than I can upgrade it with.

    Truth be told the only reason why I won't buy a Mac is the price of the hardware, and on the lower priced models I won't buy them because of their limited upgrade status. What I really need is a Mac Book Pro for under $700 or a Macintosh Pro for under $300 as those are the prices of a PC with the same features, including mark downs and rebates at consumer electronic stores. But Apple doesn't sell them that cheap, so I consider them a rip-off. I consider using Linux on a cheap PC than Mac OSX on an expensive Mac.

    Yeah Apple needs the Mac Clones again, but if they do most likely they will have an OEM agreement to keep the Mac Clones at the same price as the Apple brand Macs. Which would once again rip off the customers and drive people to the Hackintosh version of OSX86 on cheap PCs yet again.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  110. beat me to it by fireylord · · Score: 1

    i was going to say coffee machine personally :)

  111. Here's a novel question, you should really read th by ThorGod · · Score: 1

    How much is the average computer geek (notice the word 'geek', as I'm about to assume they are the type to install an OS on their own) willing to spend on that legal license of Mac OS X?

    They could very easily charge the non-Apple hardware crowd MORE than they charge their Apple hardware customers. This would help them differentiate the market. The technical details are, of course, going to be hopped across by your average, driven computer geek. But those barriers wont be broken by less sophisticated customers.

    Apple currently charges 130 for a full version of OS Snow Leopard. Would you be willing to pay another $200 for those Atom drivers? How about $300, and make the OS cost a full $430?

    My point is this: Sure, they could easily release an OS for the masses. An OS that dell could license to put on their built to order machines and so forth. Further, they would need to subsidize the added cost of 'supporting' so many new combinations of hardware. Suddenly Mac OS X isn't just $130, it's probably a lot more like the going rate for Windows 7. The price is actually probably more simply because Microsoft's OS has years of experience in dealing with driver conflicts and other nasties caused by awkward combinations of hardware.

    (Granted, the *nix/mach underpinning of OS X should make it less suspectible to said problems. This point could be less than I expect.)

    --
    PS: I don't reply to ACs.
  112. Wish they'd disable it on all CPUs by Slashcrap · · Score: 1

    Then kill all the users.

  113. It just means Apple will launch atom based hw soon by Anonymous Coward · · Score: 0

    It's just an indication that Apple is preparing some special build of MacOS X for an Atom based hardware piece. And to prevent stupid users from unwillingly using the installation DVDs of their 'regular mac' to install/restore onto it.

    So the rumors of Apple launching a netbook become even more realistic...

    But it's true; Apple still thinks it's in the seventies and is making the same closed-world mistake as it did with the original Apple, Apple II and Mac; paving the road for the inferior products of Microsoft, just because they were more open (as in hardware).

    Personally, I've thrown away my iPhone after being frustrated with the latest version of the iPhone OS (crashes too much and removes tethering functionality in Belgium where I live, even while the provider doesn't ask to block that). And I'm very happy with my 16gb-sd-card, battery-removable, facebook-integrated, fully customisable, android based HTC Hero phone. It feels like the future.

    Apple could have done something revolutionary if they had build MacOS X upon the Linux kernel. The still can if they OpenSource Carbon/Cocoa. But they might find theirselves out-innovated quickly by the openness of our world otherwise. No signs for that yet on the financial side, but technologically, I'd put more money on Canonical and Google!

  114. Shocking news: PowerPC CPUs not supported either by AttilaSz · · Score: 1

    So, you think you have it bad that your Atom Hackintosh will forever stay on 10.6.1?

    Guess what, my PowerPC *genuine* Mac will forever stay on 10.5.8.

    Apple is often not supportive even of older hardware they sold few years ago.

    Examples:

    As mentioned, Mac OS X 10.6.0 doesn't support the PowerPC CPUs while the 10.5.x did. I have a fairly strong (even by today's standards), last generation G5 PowerPC Mac that I bought in December 2005 (one month before they confirmed the Intel switchover rumors) that is now doomed to never run Snow Leopard. I could now go around and holler "APPLE BASTARDS BLOCKED PowerPC IN 10.6.0", right?

    Or I could be annoyed by the fact that even when Leopard came out, PPC experience was already "downscaled" compared to Intel Leopard - i.e. no Java 6, no support for certain HD video codecs, etc.

    Heck, not even Macs with 32-bit Intel CPUs could have Java 6 under Leopard. Curiously, they do in Snow Leopard, but I digress.

    Recent news was that on some older (2006) Intel Mac models (some of them already 64-bit), you won't be able to install Windows 7 via BootCamp. (This one I don't care much about, but some people certainly will.)

    As you can see, even their own hardware gets left in the dust. I'm not ruling out deliberate malice on their part, but I'd rather assume they recompiled the kernel and libraries with compiler options that benefit their current CPU lineup the most, and it turned out to be incompatible with Atom, and they shrugged and said, "so what? We aren't supporting any hardware with Atom CPU anyway". Even if they did it deliberately, they can just claim that they did it as an effort to optimize performance for their current hardware.

    At the end of the day, there's many more Hackintoshes out there than just Atom-CPU based ones, why would they go after specifically after the Atom ones? Those aren't even competition to Apple's hardware business - Apple doesn't have a netbook offering, and they don't consider MacBook Air to be one. People buying a netbook aren't a market Apple targets.

    So, I think it's much more plausible that end of (accidentally working until now) Atom support is being a collateral effect of them doing some improvements. However, if it's not deeply baked in, then I'm sure the Hackintosh crowd will manage to get around it.

    In any case, they have much better chances of it than me seeing Snow Leopard on my PowerPC Mac.

    --
    Sig erased via substitution of an identical one.
  115. What is MS doing so much better than Apple? by jotaeleemeese · · Score: 2, Informative

    Answer: breaking the law in as many localities as they possibly can, bullying international standard bodies, issuing patent threats to the competition.

    Should I go on or do you need a bigger clue stick?

    --
    IANAL but write like a drunk one.
  116. re: Why does this doom OS licensing by Anonymous Coward · · Score: 0

    "Why does this doom future OS licensing?"

    In fact, if you can only use it on Apple branded hardware, why license the OS at all? Send out the OS free and have support on the hardware alone.

    That's how IBM used to do it.

  117. EULA not required to run software by Anonymous Coward · · Score: 1, Informative

    Since the power of the EULA comes from the assinine assumption that you make a copy when installing the program, the berne convention and the copyright laws that institute the application of that convention on copyrights state that copies necessary for the use of the product do not count.

    So you do not need a license to install your program for the PC/Mac because you must install before you run.

    And so copyright doesn't apply any restriction.

    Therefore you don't need a license.

  118. Simple solution by kanazir · · Score: 1

    Use Linux.

  119. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  120. WTF??? by Anonymous Coward · · Score: 0

    1) Where in your assinine analogy did they agree to let you slap them in the mush?

    2) Copyright law doesn't cover installation if it is a required or primary part of running the software.

    3) It is sold and therefore not your property any more after sale (and his face was never sold to you to slap)

    4) Pystar is ENHANCING Apple's profitability in software sales: the support costs are no longer Apples. The hardware is not part of the retail sale.

    5) It's not illegal to resell software, even if it breaks a tied product profit sharing, but then tying products to subsidise sales of the tied product is illegal itself so maybe you want to say that Apple is illegally leveraging a product as per monopoly abuse laws...

    Fucking Apple-Ass-kissing moron.

  121. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  122. Or is it time to dump Apple? by Anonymous Coward · · Score: 0

    I wish I knew why people continue to buy stuff from Apple. It is so obvious this company is evil at its core.

  123. Apple and Netbooks... by Anonymous Coward · · Score: 0

    Apple should just license the VersaPro UltraLite VS from NEC. This Japan market only netbook has a 1.86GHz Atom, a 64GB Toshiba SSD, a 1280x728 resolution 10.1" screen and a chassis capable of withstanding a drop of 78cm and 150kg of weight. This thing is 720g in weight including the battery and assembled in Japan. It's not cheap but Apple could develop something like this and sell it for a similar price. It beats Apple MB(P) build quality. I'd happily pay extra over the $125,000 Yen price, I paid for it, if Apple sold it with OSX. It wouldn't even cannibalise their other sales.

  124. I don' t understand this debacle... by V!NCENT · · Score: 1

    The only reason people would want to use Mac OS X is because Apple computers are for people who had it with downloading drivers, reading the manuals, going threw slow as hell load-times for whatever is out there. People want a Mac because of the cut-the-crap please for the love of God give me something that works FFS!

    And they buy a legal copy of Mac OS X and go threw the hassle of flashing their BIOSes, collecting parts, porting kernel drivers, compiling from source... sigh...

    You can get a fscking tiny, beautiful and powerful Apple Mac Mini with a Core2DUO @ 2,53ghz, 2GB RAM, a GeForce 9400 mobile, DisplayPort and whatnot, passively cooled for $599 freaking US dollars. What the fsck is everyone's problem?

    Why go threw the hassle by compiling kernels if you can run Gentoo with KDE4.3, Amarok, Kdenlive, Kopete, Rekonq and whatever quality apps and get a fast UNIX like system too?

    I am a Windows and Linux user and I love Apple for their genious approach to computers. I watch every WWDC just because it' s awesome and I paid 1200 euro' s without the monitor on a desktop computer while I could have grabbed a Mac... So why does anyone wants to assemble a hackingtosh?!

    Please enlighten me, because this is beyond logic.

    PS: Oh and the overprised hardware? It runs faster than your Core i7 on Windows 7 and the enclosure is more expansive, so who cares? If you buy an Apple then you buy a computer, and not a CPU+RAM+whatever+OS... A laptop FFS costs $899 USD...

    --
    Here be signatures
    1. Re:I don' t understand this debacle... by Shadowmist · · Score: 1
      Vincent asks:

      I am a Windows and Linux user and I love Apple for their genious approach to computers. I watch every WWDC just because it' s awesome and I paid 1200 euro' s without the monitor on a desktop computer while I could have grabbed a Mac... So why does anyone wants to assemble a hackingtosh?!

      For the one reason no one wants to mention. They want the Mac experience without paying for it. They want to download it from some Pirate Bay clone and install it on thier homebrew POS without paying Apple a dime.

  125. Re:There won't be any "open OSX"; and by the way . by Anonymous Coward · · Score: 0

    Apple is not going to sell the OS by itself.

    Not true. You can walk into a store and pick it from a shelf. Apple will even sell it to you from its store. If they want to lock it down, they merely needs to ask for your mac serial number, which they don't. So it's clear apple are more than happy to sell the OS for $129 to anyone.

  126. Obligatory car analogy by noidentity · · Score: 0, Redundant
    So you're saying that this is like a car manufacturer making a special fuel only for its own cars, other people finding that this fuel improves the performance of cars not made by the company, and then accusing the company of intentionally locking them out when it makes an improvement to the fuel that works in the company's cars but fails in other brands? If the company somehow made the fuel dispenser so that it could only be operated with their cars, people would accuse it of blatantly locking others out. So I guess they want the company to be sure the fuel works (and improves performance) in all brands of cars, even though it specifically states that the fuel is only for its own cars.

    (sorry for the long post... sadly I don't think I could have shortened it much, even given an eternity)

  127. Re:There won't be any "open OSX"; and by the way . by drinkypoo · · Score: 1

    They seem to think that paying for a retail copy of OSX would make them Apple customers. They are wrong; that would make them Microsoft customers, because Microsoft is the vendor that uses sales of stand-alone OS's as it's business model. Go buy it; there's a snappy new version out right now, I hear.

    Are you stupid, just trolling, or a stupid troll? Buying something from Apple does not make you a Microsoft customer.

    P.S. Buying a new release of OSX every year and paying for something Microsoft would give you for free, that makes you an Apple customer.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  128. Re:Why continue to reward a company that does this by Anonymous Coward · · Score: 0

    And meanwhile, those of us techies, without axes to grind, when asked why we never have trouble with our computers will say "oh, I have problems sometimes, but I've chosen the right tool for me. That helps a lot" and often people understand this.

    I don't think Debian is the only right answer even though I use it for pretty much everything. Likewise, I don't believe Macs are the solution to all computer troubles or that I have to "convince" someone.

    Your second paragraph probably tells more about you than the "anti-mac people and linux people"...

  129. GNUstep by Weezul · · Score: 1

    Why not just focus on improving GNUstep?

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  130. Boo by Anonymous Coward · · Score: 0

    Think of microsoft as Jupiter and apple as earth. Earth is a much nicer place to be, but you need the giant's gravity to attract the crap away from hitting earth. If everyone starts using osx on any old pc, then it will be as vulnerable as Microsoft, just the Same as is starting to happen to the linux's.

  131. Re:There won't be any "open OSX"; and by the way . by gordguide · · Score: 1

    " ... Truth be told the only reason why I won't buy a Mac is the price of the hardware, ..."

    Yeah, we know.

    " ... Yeah Apple needs the Mac Clones again ..."

    I think you meant that you need Mac clones again, to save money and get the best the world offers, for as little as possible. A full install boxed set of OSX 10.6 Snow Leopard sells retail for $29.00.

    Apple, on the other hand, relies on hardware sales to carry on it's business. I'm pretty sure you, I and Apple can figure out where this is going to lead. You won't be an Apple customer; and two of the three parties mentioned are OK with that.

    Why don't you run Linux on generic x86 hardware; I have and still do it. It does a great job of the work I assign it; and it's within the budget you are willing to commit. Is there something wrong with a solution that works for you and meets your budget conditions? I fail to see a problem here.

    But, Linux doesn't do a great job on the work I assign my OSX box; that's why I have the OSX box.

    I recently went out and bought a used PPC 1.42 GHz Mini for under $300; the Intel boxes, due to pipeline issues with the architecture, were choking on certain audio tasks, which must be done in order and in near-real time. The PPC chip might be slower, but I can assign a batch downsampling process on 10,000 high resolution (24/96) audio files, and not one resulting file will have a data dropout or waveform error a week later (actually, 8 days, 24/7, unattended).

    A multicore Intel machine with 2~4x the RAM pulls the same job off in about 5 days. But, no Intel machine, OSX or Windows (the necessary tools are not available on Linux) that I'm aware of has so far pulled that particular job off without errors; errors you have to spend 40,000 minutes listening to discover, and more time to correct, at $60/hr.

    Life's too short. One job, at 3 cents a minute = total hardware outlay. Done, and done right.

    You wouldn't want to be using OSX to write eMails, surf the web, play with a database, would you? Use your Linux box for that.

  132. Qucik history lesson: by itsdapead · · Score: 1

    Why can MS make profits that dwarf Apple's without profiting from hardware?

    Because the CP/M guy was off flying his plane and they got the gig to supply the OS for the (proprietary) IBM PC. IBM then used the "nobody ever got fired for buying IBM" meme to sell PCs to all the suits who refused to buy computers from hippies, and (as predicted by all the pundits the moment the IBM PC was announced) soon completely dominated the corporate market.

    Then, when virtually all serious business software was only available for the PC, Compaq et. al. released cheap, unauthorised "clones" - which IBM tried, and failed, to block in the courts, eventually lost control of the PC market, and no longer makes computers. MS, however, still had a guaranteed sale with virtually every computer sold.

    MS's position is the result of a unique series of events that leads back to IBMs dominance of the pre-PC mainframe market - Apple can't hope for something similar.

    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  133. Apple Tax by Anonymous Coward · · Score: 0

    Apple's never going to sell OSX for anything except Apple hardware. It's a perk for people willing to overpay $1000 for similar hardware by another vendor.

    OSX has it's 4% market share... and Apple's very happy with it.

  134. Why try to fit the square piece in the round hole? by Fastfwd · · Score: 1

    If you really want to run OSX then maybe you should get Mac hardware. OSX runs that great not just becaused it has a good foundation(BSD I believe) but also because it only needs to perform on a restricted variety of hardware.

    If you are looking for free linux is there and it's pretty good now even for the average user.

    If you are looking for maximum hardware compatibility the market leader is still windows

  135. Jobs is Grand Moff Tarkin by Anonymous Coward · · Score: 0

    I keep getting the mental image of Steve Jobs as Grand Moff Tarkin, being spoken to by Princess Leia. "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers"
    The Hackintosh crowd is like Princess Leia. They are hot, sexy, rebellious, and know that they are on the side of what is good and right.

  136. Re:Why continue to reward a company that does this by Anonymous Coward · · Score: 0

    And if you buy Mac OS X purely to run on a hackintosh, you're not a customer of Apple's, no matter how much you whine and protest.

    Stupidiest statement ever. Apple have taken some money from you, you have got some goods, and they have made a profit. You are a customer.

    Maybe not a target customer, or a 'desired' customer. But legally and in common use, you are a customer.

  137. eeebuntu? by drjzzz · · Score: 1

    Slightly OT but I'm curious, why not install eeebuntu? It runs great on my 8.9" eeePC900 ($199, SSD, amazing!!). Installs easily from a USB stick and with updated settings it flies... no lag on the multitouch trackpad, quick graphics, etc. It might be my main computer if my hands were smaller. Is it just the challenge and the principle of running MacOS on non-mac hardware? Seems like a lot of work to run a closed, proprietary OS.

    --
    to err is human, to forgive is divine, to forget is... umm...
    1. Re:eeebuntu? by sircastor · · Score: 1

      In some cases, it's the challenge. In other cases, it's a need - you want to have a mac, but don't have the money to spend on one. Some cases it's a way of sticking it to Apple for not selling hardware that we want to buy (a mid-range tower.) There are a lot of reasons. I wanted to give my wife a unique gift, so I put an intel miniITX into a G4 Cube case... I still wanted her to have a mac so I went that direction. In any case, the point is to have and be able to use OS X. It's almost never about choosing "the best" OS. If that really were the case, we all (Hackintoshers) would have sucked it up and gone out and bought Apple hardware and saved ourselves the trouble.

  138. INDEED by Anonymous Coward · · Score: 0

    The only reason OS X is not on my Eee is that I want to comply with the licensing terms.

  139. What's the big deal? by jht · · Score: 1

    Last time I looked, Apple didn't make any computers that use the Atom processor. They only write OS X for computers with supported processors - if they don't support the Atom that's really no big deal unless they came out with a computer that used it.

    Yes, I know the Hackintosh community is in an uproar about it - but Apple never promised you could use it, nor does their license allow you to use it. If it works, great. If not, suck it up and use eeebuntu, some other distro, or Windows.

    Me, I'm running Windows 7 Pro on my eee 901, and I save Mac OS X for my Macs. My only Ubuntu machine is a VM on the Macbook.

    --
    -- Josh Turiel
    "2. Do not eat iPod Shuffle."
  140. This is actually pretty smart by tehwebguy · · Score: 1

    Operating systems are pirated more and more often. Apple doesn't expect a huge increase in software sales if they open it up to all machines, they see a piracy increase (as well as an increase in OTHER companies hardware).

    Much like iTunes' purpose is to sell iPods and iPhones, Mac OS X is for selling Macs.

    Apple's cheapest notebook is $999, much more expensive than a $299 netbook. They don't want that type of competition.

    --
    -- lol pwned
  141. Typo in summary... by jbuk · · Score: 1

    Kexts, not ktexts. Kernel EXTensionS.

  142. Third-party? by AniVisual · · Score: 1

    Right now I'm wondering what will happen to people who purchase Apple MacBooks, mod 'em and resell 'em, like Axiotron and their ModBooks.

  143. Re:There won't be any "open OSX"; and by the way . by nine-times · · Score: 1

    People buy Apple hardware because of the software. This is not by accident, it's not a secret, and it's been going on three decades now. You would think it would sink in at some point.

    It's true that some people only buy Apple hardware because of the software, but I think it's valid for Apple to argue that they aren't a hardware vendor or software vendor, but an integrated solution vendor. They make the hardware and the software and sell them together in a package. This has the advantage that so many people are pointing to when they say, "It just works."

    Well yes, it does just work. It's not so much because Apple's engineers are better than Microsoft's or Dell's or whoever's (though they may be). The real reason things work so well is that they were designed to work well as a package. Apple sells you a laptop and they chose the LCD screen, the touchpad, the webcam, and all the other components for that laptop. In some cases the components are manufactured for that laptop. The drivers for those components are written not just for OSX, but for that notebook. In some cases, Apple rewrites parts of its OS for that notebook. If they include a new component that has a new feature, that feature is integrated on an OS level by the OS vendor, not by some 3rd party hack. Because everything is handled at the level of treating the notebook as a product instead of treating the various components and drivers and software packages as different (and sometimes competing) products, you end up with a notebook were everything is integrated and everything works pretty much as-advertised.

    This works because Apple is selling a series of integrated products, and only sells a handful of models at a time. Even among the different models, the components and features and capabilities are fairly uniform. For Apple to sell a stand-alone OS would be more than the introduction of an additional product; it would mean a big change to their development philosophy. They would have to try to make their OS a widely supported vanilla software package with the ability to loosely take advantage of any mishmash of capabilities rather than a tightly integrated product. I'm sure that they could manage it, but it's not clear to me why they would want to.

  144. Apple is a hardware company. by neo · · Score: 1

    Apple does not make software unless that software drives hardware in some way. Apple has always been a hardware company, that is how they make their money. The software is there to entice you to an experience on their hardware.

    You will never see Apple sell just their software because that would ruin their market. It would also cripple their support system which relies heavily on standardized hardware to streamline technical issues. Customer support is easier on Apple products precisely because they know their hardware inside and out.

    Get this point through your heads people... Apple will never shoot themselves in the foot and stop linking their software directly to their hardware. The hardware IS the Macintosh. The software drives the hardware but will never, ever get uncoupled from it (again).

  145. Snow leopard is more frustrating than anything els by Anonymous Coward · · Score: 0

    that's an excellent idea, because it's not like apple fucked over every ipod classic owner on the planet when they attempted to kill palm pre syncing via itunes. What'll they fuck-up this time? I don't mean to vent my frustration, but macs used to be "it just works", now they are more like "snow leopard is a big pile of shit and we are not going to do anything about it. Oh, all POP emails are not compatible with our software? You can't sync your iPod? Well, who gives a fuck. We sure don't, it's not like we make our money on software, right?".

  146. The real question is... by Anonymous Coward · · Score: 0

    Why on earth is this legal?

  147. Re:There won't be any "open OSX"; and by the way . by PeanutButterBreath · · Score: 1

    Apple is not going to sell the OS by itself. I don't know why this has to even be repeated, but Apple is a hardware company and to sell boxed copies of OSX than ran on generic hardware would simply be shooting themselves in the foot.

    Here is why you are wrong.

    First, they are not maximizing their hardware sales. Their limited offerings cede huge swathes of the desktop and laptop markets to other manufacturers. Why would a "hardware company" limit itself in this way? Especially given the myriad versions of the iPod that they churn out -- clearly they have no concerns about supporting a large array of devices.

    Second, speaking of that iPod, even if they are a (curiously unambitious) "hardware company", a lot of that hardware is in the form of music players & smart phones which require Apple software running on something (at least for the maximum "experience"). That something can already be a non-Apple computer, and presumably they already have to support non-Apple computers running this software to some extent. What sense does it make for a "hardware company" to sell entry-level peripherals that require their software which will likely to be installed on a competitors hardware because this "hardware" company offers no price-point-equivalent hardware of its own.

    Apple is not a "hardware company". They sell hardware, peripherals and software for non-Apple computers. They pick and choose what they offer among those categories based on some internal logic that we may assume maximizes their profits.

    None, of all those who arise Phoenix-like every few months or years, lamenting the state of the OS world they find themselves in, you may notice, wants to buy the Apple hardware to run OSX on. Apparently, the natural conclusion goes right over their heads ... they are not Apple customers.

    They seem to think that paying for a retail copy of OSX would make them Apple customers. They are wrong; that would make them Microsoft customers, because Microsoft is the vendor that uses sales of stand-alone OS's as it's business model. Go buy it; there's a snappy new version out right now, I hear.

    Get over yourself. You are not more an Apple customer than the snot-nosed kid with a first gen iPod Shuffle.

    If you buy an iPod shuffle and sync it with iTunes on a $300 PC, how are you not an Apple customer? How is Apple damaged by offering the option to run OSX on that same box and get a better iTunes experience, and possibly a better overall impression of Apple products?

    I can't figure out what their angle is other than rigging their offerings to milk the most money out of self-regarding suckers before it becomes too obvious to ignore.

  148. Re:Informative? by Anonymous Coward · · Score: 0

    I had two slices of pizza for breakfast

    You are fat.

  149. This is why... by Anonymous Coward · · Score: 0

    My last 2 laptop purchases were PC's running Windows. I have built 2 hackintoshes (1 for main computer, the other as a small web server) and yes I bought a retail disk each of them. It was worth it. Why not buy a Mac then? The iMac is not enough. The Mac Pro is too much for my needs. I needed something in the middle for the main computer and Apple did not offer that. So I filled the hole myself. The other problem is I want to be able to choose which graphics card I use and not be saddled with the tiny few cards Apple wants to support. And worse with the Mac Pro, you can only use Mac edition cards. While on a Hackintosh, you can buy many off the shelf cards and find a driver to make them work since the Hackintosh has regular BIOS. So not only was my hackintosh cheaper and sized right for my needs but it is also more expandable since it is not crippled by being EFI only.

    Apple can cry all they want, but until they fill this huge hole in their product line and allow better support for 3rd party cards, people like me will keep building home made Macs.

    I find it ironic that Apple would kvetch about people building their own computers at home when that is how their company was founded.

    1. Re:This is why... by jamie(really) · · Score: 1

      Buying a retail disc of OSX and thinking its legal, is like buying an Upgrade edition of Windows and thinking its legal. It isn't. They are only legal if you already own a fully licensed copy of the original OS, which you don't.

      And I don't think they are crying about it, they are just stopping it from working. That's "taking action". For "crying" refer to the 902 pages above.

  150. Er, no. by jamie(really) · · Score: 1

    "But, it raises the question: is it time for Apple to sell a license for non-Apple hardware — priced accordingly of course — for those people who want OS X on platform types Apple has not yet adopted, like the netbook?"

    Er, no.

    A. You haven't got a clue what it takes to get software (let alone an OS) running on a vast variety of computers do you?
    B. You haven't got a clue about their business model either, which is that hardware pays for the software.

    OS X 10.5 to 10.6: $29
    Windows Pro 6.0 to 6.1: $100

  151. installing software on random shit by Kickasso · · Score: 1

    Installing software on random shit is a right specifically asserted in the US copyright law. Read it. By "it" I mean "it", not "random slashdotter's rant about it".

    Besides, OS X being sold as an upgrade for anything is a myth.

  152. Re:There won't be any "open OSX"; and by the way . by Orion+Blastar · · Score: 1

    Well the problem of Linux is that it lacks proper commercial game support like Civilization IV, but CIV4 exists for Windows and Mac OSX. WINE doesn't run everything and requires the DRM copy protection to be removed via a "crack" that may or may not contain malware.

    I, in fact, already dual boot Windows and Linux on my Notebook. I got Fedora 11 installed.

    $29 for Mac OSX is a great price, but universally, utterly, completely, and totally useless to me if I cannot afford an Apple branded PC to run it on. Sure that $300 Windows 7 Home Premium PC might run the Hackintosh version but it might not support the wireless, audio, or other devices. The $29 Mac OSX would be a great buy for me, if I could run it on a cheap $300 PC, but then Apple would claim that it is cutting into their profits.

    One of the reasons why I want a Mac OSX box is to develop OSX software on it using the built in development tools, plus a platform to test out my OSX developed software. I know Linux can maybe GCC cross compile, but can it run OSX native code as well for testing?

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  153. Apple will *never* release Mac OS X... by Cannelloni · · Score: 1

    ...for hackintoshes, period. If you want to run Mac OS X and Mac applications properly, you can just buy an Apple machine. Apple will not likely give away it's crown jewels to some cheap-ass laptop maker. Why is this so hard to understand? I mean people have been posing the same old question since 1984. Apple is, and has always been, the Mac OS (or, originally, the System), bundled software and hardware that's extremely tightly integrated with the software, and this will *never* change.

    --
    Beauty is in the beholder of the eye.
  154. Anonymous Coward by Anonymous Coward · · Score: 0

    Apple is not a software company, it's a hardware+software company - this is their business model. Expecting them to license Mac OS X for non-Apple hardware is like asking a home owner to sell the windows & doors separately from the rest of the house.

  155. Oho by Anonymous Coward · · Score: 0

    I like apple.

  156. How the hell can you kill something... by chiefted · · Score: 1

    How can you kill something that wasn't supported in the first place. Seriously folks the name hackintosh should give you a clue as to what would have happened.