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Psystar Crushed In Court

We've been following the case of Mac cloner Psystar for some time now. Apple was just handed a summary judgement over Psystar, and as usual Groklaw has the scoop. Here is the order (PDF), though PJ supplies it in text form at the link above. "Psystar just got what's coming to them in the California case. ... It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal. Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse. ... So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast." Reader UnknowingFool adds, "There are still issues to be decided but they are only Apple's allegations: breach of contract, induced breach of contract, trademark infringement, trademark dilution; trade dress infringement, state unfair competition, and common law unfair competition. Even if Psystar wins all of them, it is unlikely to help them very much."

14 of 640 comments (clear)

  1. You're thinking too simplistically by Rix · · Score: 4, Insightful

    Psystar isn't a front for anyone. That doesn't mean they haven't been used by real players.

    The truly powerful don't need to do anything so unsubtle as conspiracy nuts like to believe. They can take existing bit players, and give them the right nudge for the same effect.

    1. Re:You're thinking too simplistically by causality · · Score: 5, Insightful

      Psystar isn't a front for anyone. That doesn't mean they haven't been used by real players.

      The truly powerful don't need to do anything so unsubtle as conspiracy nuts like to believe. They can take existing bit players, and give them the right nudge for the same effect.

      That scenario would make Paystar a "useful idiot" as some call it, which provides added deniability for the people who pull the strings. That still falls under long-term strategy and plausible deniability. My observation was deliberately worded in a simple way because understanding of this topic is sorely missing in the general public. When the audience you intend to reach is unfamiliar with a topic, you don't usually start with the most advanced material.

      Things like strategy, plausible deniability, propaganda techniques, and argumentation fallacies are either not taught in the public schools or are given only the most superficial treatment. Therefore, most people either don't know about them or have no real mastery of the concepts. When they see a politician talking about an issue, they don't immediately see patterns of influence and don't ask questions like "qui bono?" That the public schools don't cover these topics is no excuse for the widespread ignorance. People generally spend far more time educating themselves about things that have much less of an impact on their lives.

      This means that the general population is easy prey for what is effectively a ruling class that does have this knowledge and is in the profession of using it. This population understands the actual realities of politics about as well as the average Roman citizen understood the intent of "bread and circus".

      --
      It is a miracle that curiosity survives formal education. - Einstein
  2. Re:Too Bad by mabinogi · · Score: 5, Insightful

    You're right.
    The single vendor lock-in is just killing them. They were doing so well when they allowed others to build Mac clones, they should just go back to doing that. Jobs was obviously an idiot for cancelling the scheme - if he hadn't the company may have been a household name by now, instead on teetering on the brink of disaster.

    --
    Advanced users are users too!
  3. Re:Too Bad by pizzach · · Score: 5, Insightful

    Meh. Apple is pretty happy where they are. If their hardware suits you and fits your needs, buy it as necessary. Otherwise, avoid it. Many many people have a hard time doing that. If Apple finds themselves needing to change because of this down the road, they will. It's that simple.

    If you're building a hackintosh, good for you. Tinkering with things like that can be fun. But please don't start acting like Apple is supposed to support you. Don't install it on production machines. The hacking part of the hackintosh is supposed to be half the fun anyway. But that is it.

    --
    Once you start despising the jerks, you become one.
  4. Re:Too Bad by 93+Escort+Wagon · · Score: 5, Insightful

    OS X is a decent operating system, but few people can be satisfied by a single hardware vendor. Might as well write off Apple as a player now, as it's unlikely they'll ever release the death grip and let the world play with OS X.

    This statement seems silly on the face of it, and would benefit from some, you know, supporting evidence.

    Mac's marketshare has been steadily increasing for quite some time now. Not to mention that I know lots o' Windows folks who swear by HP/Dell/Sony (pick one) for their personal computers, and Unix/Linux admins who will only buy Sun or SGI or whatever.

    Even outside of the computer realm, people become enamored of particular brands all the time - be it automobiles, televisions, appliances... whatever. And once they lock themselves into that mindset, it is not easy for them to change their opinions.

    --
    #DeleteChrome
  5. Re:I agree, but it's not that simple by Prometheas · · Score: 5, Insightful

    The claim that OS X is "absolutely irrelevant to any reasonable person" [emphasis mine] isn't a terribly reasonable statement.

  6. Re:I agree, but it's not that simple by pseudonomous · · Score: 4, Insightful

    By that logic, Windows is irrelavent (to any reasonable person) because you are tied to a single software vendor.

  7. Re:This comment surprises me by DJRumpy · · Score: 5, Insightful

    And yet Apple is reaping profit hand over foot, during a economic depression. Why fix what isn't broken. They obviously have something that Microsoft does not. "Cool" and "Hip" will only go so far. If there is nothing of substance to back it up, then after a few months, the hotness has worn off, and people drop them in droves. This obviously is not happening. Apple continues to increase it's market share, even in these bad economic times.

    I can guarantee you that if MS finds any manufacturer that isn't properly licensing Windows, they would be wiped from the map. The difference here being that MS licenses it's OS for resale. Apple does not. The only barrier to entry is to buy an Apple Mac, which are about the same price as any other comparable piece of hardware from a PC manufacturer (not a whole seller mind you, but a manufacturer).

    If I recall, it's the Microsoft market share and profit that is shrinking. Apple is doing just fine on it's "1960's proprietary hardware business model', whatever that means. It's just a closed system, nuts to bolts. Nothing wrong with that. Thousands upon thousands of manufacturer's produce a closed product.

  8. Re:Too Bad by UnknowingFool · · Score: 4, Insightful

    OS X is a decent operating system, but few people can be satisfied by a single hardware vendor. Might as well write off Apple as a player now, as it's unlikely they'll ever release the death grip and let the world play with OS X.

    Who are these few people that you speak of? If you mean slashdotters, that might be true. The average person buying a computer doesn't care. They mostly care if the computer they are buying will work for them. They should care more about these things but they don't.

    Yes, we've heard the death knell of Apple before. That may have been closer to being true ten years ago when Apple was in deep trouble. Today they are sitting on $34 billion in cash. That doesn't account for total assets, that's just cash.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  9. Re:So what if you own one of these machines? by digitalunity · · Score: 5, Insightful

    I hereby declare Psystar to be a reverse trojan horse. Apple created Psystar so they could sue themselves and once and for all crush any thoughts companies might have of trying to produce generic Apple-compatible platforms for OSX.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  10. Re:Which is why their computer's confuse me by BasilBrush · · Score: 4, Insightful

    No, you may try and convince yourself that it was some amazing new technology that sold the iPod but it wasn't, it was style.

    I don't need to "convince myself". I know better than you do because I bought one, and I know why I bought one. You didn't make that choice, and you're imagining reasons for whay other people (that you despise) did so. Which is rather ignorant of you.

    The Mac fanboy base like yourself isn't what has given them massive profits, there just aren't that many zealots out there.

    The irony here is that you are the one who is arguing like an emotional sorority girl.

  11. Re:Psystar winning would be terrible for Microsoft by indiechild · · Score: 4, Insightful

    Agreed. Apple is very good at refining the little details that ultimately make the end user experience much better. Almost every competitor seems to miss this. Incredible attention to fine details is not something you can just copy and then hope to make a lot of money from. It's a motivation that has to come from within.

  12. Re:Psystar winning would be terrible for Microsoft by garote · · Score: 4, Insightful

    To innovate is not to generate something entirely unique from a vacuum.
    Innovation is defined as "making changes in something established by introducing new methods, ideas, or products."

    Microsoft is accused of "cloning" because the methods, ideas, and products that they introduce do not generally constitute an improvement.

  13. Re:Because that's their business model by Gadget_Guy · · Score: 4, Insightful

    Lotus to VisiCalc, Netscape to Mosaic, Java to C++, Playstation to SNES, Apple Mac to Xerox Alto...the list goes on and on. It's what the entire industry does.