‘Mac cloner’ Psystar will need major cash to fight off Apple’s likely legal challenges

“Psystar is currently selling Open Computers with Apple’s Mac OS X Leopard preinstalled, in what appears to be a clear violation of Apple’s software licence agreement,” Tom Krazit reports for CNET.

“These types of agreements, known as end user licensing agreements (EULAs) have been upheld by several US court rulings as valid contracts between a software maker and a customer, even if the customer didn’t have a chance to read the licensing agreement until after they purchased the product,” Krazit reports. “Specific provisions of EULAs have been deemed unlawful, but the general concept that software customers licence software, rather than purchase it, has endured.”

Krazit reports, “According to legal experts, Psystar will need a significant amount of cash to fight off Apple’s likely challenges on several different fronts.”

Krazit reports, “While Psystar might be able to make some headway, their only apparent hope of scoring a decisive win is to file an antitrust suit and convince a court that Apple’s domination of the market for computers running Mac OS X is harming consumers.”

Full article here.

38 Comments

  1. Has anyone else noticed MDN’s notable absence on this subject. You know, I think it is ok if they want to stay neutral in this fight, meaning they will support Apple no matter what but are secretly hoping for an Apple “OK” here.

    But why don’t they just say that they are holding a neutral position until things settle down a bit.

  2. Pystar isnt gonna get anywhere with this… other than pissing off a lot of customers when they cant upgrade OS X. I suspect that apple with come out with a new low end mac besides the mini.. aimed directly at the enterprise market. I would bet we see it in the next year or so… but I wouldnt put any money on apple releasing OS X into the wild.

  3. I did not want to risk the “wrath of Apple” by purchasing a Psystar computer, but their story did inspire me to build my own Hackintosh. I’m very pleased with the results. Perhaps Psystar could offer the compatible hardware, and instructions to the purchaser to install OS X themselves (rather than offering the hardware with OS X pre-installed). This would get around the legal questions, and still allow them to offer a viable product, right?

  4. File an Antitrust suit agaist a company that builds the entire product? I don’t even know if the Morons in the east texas courts would buy that. Get rid of these ass clowns running OS X on whatever junk box they can piece together. If you want Leopard buy a Mac. If you want to “build your own box” Run whatever other OS you want. The reason OS X runs so well is hardware and software are made to run together. This is just childish and moronic. While you are at it unlock your iPhone and brick that too.
    Bunch of entitlement morons in society today. WHine whine whine.

  5. Yes, you can go to the junkyard and buy all the parts you need to build your own car………….

    How’s that working for you?

    Seriously, I CAN do that, I have the experience and ability.
    But few actually can pull that off.

    But why would I when I have a lot better things to do? Just buy a Mac and get on with life!

  6. @ Regnillub

    No you infantile Moron is still does violate the EULA, now just you are, so doen’t your Hackin Piece of crap. Can’t you read. Why bother with little things like laws and license agreements. Spend weeks trying to get your HackinCrap remotely working and the rest of of will continue getting work done on better hardware.

  7. The only time I was pressured into installing a ‘Hackintosh’ was on my Office Lenovo. The department had no money to buy me a Mac, and I just couldn’t efficiently function in Windows, so I tried putting Hackintosh on a partition. Well, two months and four different distributions later, I gave up. It’s just not worth the colossal hassle of hunting down drivers, partitioning for dual boot, figuring out what to update, what not to update, only to have half-baked, buggy solution. I may end up buying a mini from my own money and hooking it up.

    Apple probably won’t need to do anything here. Psystar won’t be selling too many of these, regardless of enormous publicity they have received.

    Hackintosh is exactly what its name implies: a hacked contraption that resembles the real thing. Outside of a very limited group of tinkerers, very few people can use it productively. It has its purpose, spreading the word about Mac OS, continuing the Apple buzz on different levels. This is as far as it can realistically go.

  8. I did. It was the best thing I ever did. I was more productive than anyone in the company and no one could figure out why!!!

    <snip>
    It’s just not worth the colossal hassle of hunting down drivers, partitioning for dual boot, figuring out what to update, what not to update, only to have half-baked, buggy solution. I may end up buying a mini from my own money and hooking it up.

  9. Hackintosh…No thank you. Now if Apple put out a version of Mac OS X that would allow me to pick from a list of very specific components that have been certified to work with it. Then, yes, I would really consider that.

    “Made for iPod”… “Made for iPhone”… “Made for OS X”

  10. @ Spark

    So you support people like Psystar ripping people off for a piece of crap that sounds like a 50’s Hoover vacuum and having something thst still doesn’t work. Remember they paid $399 plus $129 for the OS, HOW is that such a deal and better is any way. ?????

    Tell me there glass house clown.

    This just degrades the rest of the user experience for everyone else and puts a lot of mis-information into the public eye. Just plain stupid. You want OS X? buy a mac. Or go put a Ford engine in your Chevy. YeAh you can kind of get it in there, but at what price. Compare any mac hardware with any custom build hardware you can muster, the price difference if any is small, the cost in lost time and aggravation far outweighs any gain.

  11. If I were Apple, I would argue that Unix, not Leopard is the operating system. Leopard is merely a front end user interface to Unix that Apple has developed to make it easier to use Unix on Apple computers. That there are plenty of other Unix operating systems out there with their own front ends that people can use on clones, such as Solaris.

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