Apple goes after the duo behind Psystar: Robert and Rudy Pedraza

“A Doral company founded by two South Florida brothers has been sued by technology giant Apple, which is attacking the Mac clones the brothers started selling in April,” Evan S. Benn reports for The Miami Herald.

“Attorneys for Apple are accusing Psystar Corp., owned by Rudy and Robert Pedraza, of copyright and trademark infringement and breach of contract for building and selling ‘cloned’ computers that run on Apple’s Leopard operating system,” Benn reports. “In addition to monetary damages, Apple wants a court to force the Pedraza brothers to stop selling their clones and to recall every computer that has already been shipped to Psystar’s customers.”

“In an interview with The Miami Herald in May, Rudy Pedraza talked about eventually selling the Mac clones in retail stores and moving into a bigger headquarters. He compared what he and his brother were doing to ‘the Boston Tea Party of computing,'” Benn reports. “‘We are challenging the establishment to make the market better for everyone else,’ Pedraza said.”

“But Apple’s licensing agreement prohibits using its software on non-Apple computers… ‘Apple had to sue,’ attorney Randy Friedberg said Monday from Olshan Law in New York, where he handles intellectual property and technology matters. ‘They’re very protective of their IP and their brand,'” Benn reports. “‘I think Apple’s goal was to say: ‘Don’t screw with us,” Friedberg said. ‘And I do believe they’ll end up putting these kids out of business.'”

Full article here.

26 Comments

  1. I’m still convinced these “kids” are being directed/funded/used by someone with a keen interest in denting Apple’s bottom line – particularly considering how many computers Apple’s been selling lately.

    I’m also convinced that the PA Semi acquisition, while primarily aimed at helping differentiate future generations of iPhones from the hardware of their competitors, will also come into play down the road with Macs, to prevent this kind of unauthorized use of OS X.

  2. Why do people keep thinking that attacking the only really good computer company is good for everyone. They basically are trying to force it to become another Micros*** like company.

  3. When you steal others IP you are no better then a punk connivence store hold-up thug. It’s not about making the Personal Computer Market better or even about sticking it to a multinational corporation. It’s about doing something illegal to generate publicity for your new small business and making a business of stealing other’s IP. They stole Apple’s IP and they stole the creator of the Hackintosh EMF emulator’s IP. Which means they’ll steal their customer’s money in the end too.

    I admire business people that can generate hype for their business that’s why Sir Richard Branson is a great businessman. These kiddies however, don’t understand that doing a Branson stunt and stealing a companies IP is not even in the same ball park. Sir Richard Branson is the 236th richest person according to Forbes’ 2008 list of billionaires. So the kiddies will get a clue Apple is about to make them the 236th poorest people in the world.

  4. Pedraza compared what he and his brother were doing to ‘the Boston Tea Party of computing,’ Benn reports. “We are challenging the establishment to make the market better for everyone else.”

    One small catch. California is a LOT closer to Florida these days than Boston was to London.

  5. I find it amazing how much of this old, tired misinformation is still out there, judging my the comments on the article. OS X is proprietary? It is the OS that IBM threw away? Holy crap! What’s next? The old one-button mouse argument?

  6. Agree with BSOD. If Psysters only offered a ‘service’ to help hack your generic PCs to install OS X, both of which the customers buy on their own separately – h/w from any h/w vendor and OS from Apple, with fair warning to their customers they are violating the written contract of their purchase, they would have a leg to stand on.

    What Psystar does will not help Apple fans and customers in general. Apple can very well make it so only way to buy OS X is pre-bundled on a Mac h/w. Make you register. Then the only way to get OS upgrade DVD is to submit proof you own a Mac, or bring it to an Apple Store. Apple knows that procedure sucks for customer, therefore the availability of OS X media off the shelf.

    The unspoken, underlying argument people choose sides on, I think, is that the full price of OS X software should be enough to compensate Apple for the development of OS X. I tend to think the value of OS X is worth more than the listed price, just supplemented by Apple’s whole product sale. What if Apple just say, OK, we’ll start selling the OS X alone for $799 and the bare MacBook Pro at $1200 like anti-Mac camps think the h/w is worth, so the total MBP still starts at $1999? How is Pystar going to build a $600 Mac clone then?

    Even if Psystar wins in court, what make them think Dell, Gateway, HP, Best Buy, Frys, WalMart (through some Chinese manufacturer) will not all start building Mac clones tomorrow, at a much bigger discount and distribution channels, and wipe them out anyway? Idiots.

    One simple market economy argument people don’t want to mention is that if you want the price to do down on Apple products, just buy more of them, from Apple. That’s what happened with iPhones and iPods.

    These guys could’ve been heroes in the open Hackint0sh community if they actually acted on real principle, but instead they are greedy. They remind me of the eMachines back in the hight of Tech Boom and iMacs imitation frenzy. Nobody will miss them when they’re gone.

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