• Your favorite

    Apple

    ,

    iPhone

    ,

    iPad

    ,

    iOS

    ,
    Jailbreak
    , and
    Cydia
    site.
  • Psystar's Apple Lawsuit Suffers Major Setback


    Psystar's ongoing legal battle against Apple may have been struck a mortal wound on Saturday with a ruling from the U.S. District Court. Judge William Alsup of the Northern District of California ruled that Psystar infringed Apple's copyright to the Mac OS X operating system, and violated the Digital Millennium Copyright Act by modifying the OS to run on non-Apple hardware.

    Rudy and Robert Pedraza went into business selling Mac OS X on non-Apple hardware. The Miami brothers won themselves notoriety by not only countersuing Apple after being sued by them for copyright infringement but also claiming that the hackintosh community doesn't know what they're doing. The company has tried every trick in the book - and many that are not - to keep their case alive, including releasing its own bootloader and filing bankruptcy (which didn't work).

    The defeat came after both companies had requested summary judgment, which, essentially, asks the judge for a flat up or down ruling and asserts that enough evidence has been produced to make or break the case. The judge not only found in Apple's favor, but said that Psystar had improperly pled its case.

    One of the key matters at issue was the argument made by Psystar that buying a copy of Mac OS X software makes you the owner of that software with the right to sell it so long as no additional copies are made. Apple's copyright agreement makes the person who pays for the software a licensee, not an owner, of the software, and so Apple's restrictions on how the software may be used still apply.

    Interestingly, a copyright expert who was cited by Psystar in its argument saw this approach (in a case defending a user who had resold Autodesk software on eBay) as an attack not only on copyright, but also on the whole idea of free and open source software (FOSS), which relies on agreements restricting how copies can be made.

    Indeed, while a ruling that a delivery of a copy of software is a sale of the copy would seriously injure the software industry, it would also eviscerate open-source software which, for many companies, involves delivery of copies subject to restrictions that allow its redistribution only under stated conditions.
    The open-source-oriented legal site Groklaw agreed with this take on the Psystar lawsuit, seeing it as "an attack on the GPL [the GNU Public License under which much open-source software such as Linux is provided] and on FOSS, using Apple as a smokescreen… hoping that the FOSS community wouldn't see what was happening until it was too late."

    While this is an enormous blow to Psystar's case, still more issues remain to be decided such as breach of contract and trademark infringement. A hearing is scheduled for December 14 on those matters.

    image via Swordmaker
    This article was originally published in forum thread: Psystar's Apple Lawsuit Suffers Major Setback started by Paul Daniel Ash View original post
    Comments 37 Comments
    1. xwinger's Avatar
      xwinger -
      Quote Originally Posted by Rota View Post
      Already posted in member news. What a joke of a case. Now buying software means you don't actually own it? Apple is such a worthless company. Once Android gets everything ironed out they'll be a thing of the past.
      once again the 30 year old crawls out of his moms basement just to diss the company that made his cell phone

      im pretty sure apple is not worthless
    1. chinmay007's Avatar
      chinmay007 -
      there are both the sides to this issue. the companies sell the license to use the softwares without making any alterations and reselling. its necessary for them otherwise every tom **** and harry will change 2 lines in the code call it his creation and resell it , some thing like reverse engineering in hardwares.
      also free software is a myth, every person who is into making a " free " software does it only either as a hobby or free time work. if all the softwares are done this way then who is going to make a living out of working. doing charity is for good cause but it does not feed your hungary mouth and family.
      Microsoft did not want to bother about the hardware which runs its OS because it is not bothered about the efficiency and performance like Apple. that is the reason why in-spite of a smaller market share apple enjoys one of the biggest fan-follwoing in the computer / electronic industry.

      So in my opinion the Apple is just in keeping restriction for its products.
      Also people who keep complaining about the price and "Freedom" of the software can use Linux.
      i dont want to pay royalty to Microsoft so i use Open office for my Macbook and i feel donating to these groups can really help in encouraging them in keeping up the good work.
    1. jOnGarrett's Avatar
      jOnGarrett -
      How is it that Apple can sue someone because they modified mac OS to work on another computer.

      I dont have a mac so correct me if I'm wrong; but isn't there a feature in mac OS that lets you run windows? something called boot camp or something?

      I read so much about how apple is always crying over something and this is why I will NEVER buy a mac. if a mac was all that apple claim it is, then why are like 90% of the worlds computers still a PC !!
    1. dalep's Avatar
      dalep -
      Quote Originally Posted by jOnGarrett View Post
      How is it that Apple can sue someone because they modified mac OS to work on another computer.

      I dont have a mac so correct me if I'm wrong; but isn't there a feature in mac OS that lets you run windows? something called boot camp or something?

      I read so much about how apple is always crying over something and this is why I will NEVER buy a mac. if a mac was all that apple claim it is, then why are like 90% of the worlds computers still a PC !!

      Why oh Why is almost everyone (not all!) commenting on here so ill informed???

      When you bought your PC or copy of Windows, did you bother to read the OEM license agreement that came up on screen, or was included on paper???

      No, I expect you merrily pressed enter and carried on regardless.

      This is Industry standard practice in the software industry. Read the License agreement for Windows, OS/2 , OS-X etc etc, they all say the same thing, you are purchasing the right to USE the software, NOT the right to OWN it.

      You dont have a mac , but to fill in your missing knowledge, Boot Camp is merely a multi boot, boot loader to enable a second (or more) OS to be loaded. By installing Windows, either using Boot Camp, or Via some form of Virtualisation, you are still bound by the terms of the Windows EULA.

      How about, you yourself, spend millions and millions developing a piece of software and then see it being ripped off, and used , other than the use that you designed it for, What would YOU do???

      Sit back and do nothing? No I doubt it.

      No doubt all of the wingers here, have never read the small print on anything they have owned or signed!

      In the same light that Xbox users are now moaning that their Xboxes have been banned from Xbox live, for having been modded to play 'backed up' games..... Its all in the small print!

      There is a choice, if you dont like apple, then buy a PC!

      How many of you realise that the oem copy of windows you own, is ONLY legally licensed on the PHYSICAL PC it came with? Move it to another newer pc, license void and software is being illegally used...

      And just in case anyone wondered, I use BOTH MAC and PC, BUT only use the PC when I HAVE to, dreadful experience!! ;-)

      And finally, the argument about why is Windows on 90% of the worlds computers, thats to do with something that microsoft pulled off in the 80's , and unfortunately , we are now paying the price..... Thats also for another forum!

      Enjoy!
    1. mwo2616's Avatar
      mwo2616 -
      Due to the fact that the Android Platform is owned by Google, it will never overtake the Iphone! Google doesnt come close to having the resources that Apple has. While the Android will be a great phone, it will not be able to compete with Apple when it comes to developing phones. I hope I'm wrong about this, but only time will tell!
    1. Channan's Avatar
      Channan -
      One of the key matters at issue was the argument made by Psystar that buying a copy of Mac OS X software makes you the owner of that software with the right to sell it so long as no additional copies are made.
      Wait a second. Psystar is buying every copy of OS X they sell, and only selling it for $50? Am I missing something? Because I don't see profit, I see a major loss. Unless they are copying it.
    1. sandstorm77's Avatar
      sandstorm77 -
      Quote Originally Posted by dalep View Post

      How about, you yourself, spend millions and millions developing a piece of software and then see it being ripped off, and used , other than the use that you designed it for, What would YOU do???

      Sit back and do nothing? No I doubt it.
      I wouldn't be suing anyone. The fact of the matter is that the people who are buying these non apple computers cant afford a mac therefor they would end up having to buy a non Apple PC. Apple does not make any money from a non Apple PC sale. But if I buy a PC and can install Mac Os, Apple will make a profit from the sale of the OS. Stop complaining Apple. You Suck!
    1. MrJayRizzie's Avatar
      MrJayRizzie -
      Quote Originally Posted by adrian1480 View Post
      actually, they do it because they want more control, not so that they can "do something about a situation." the TRUTH is that the software, gaming, music, and video markets are in the same boat with copyrights and end user rights. they all want to legalese their way to us not actually owning things.

      the movie industry would like to see us never own a physical copy of a film again, rather turning our living rooms in to micro-movie theaters, where we pay for each time we watch a film. the gaming industry wants us to never be able to resell a game purchased because it eats into their profits. the music industry...well....remember the hot water Sony got into by shadow installing software on computers of people who popped audio CDs into their PCs? rootkits? the software scene is no different. if these industries had their way, there'd never be a physical copy of anything to buy. we're going to get there soon, sadly.

      it's what happens when profit is your core motivating force, rather than your customers desires. greed rather than creed.


      You are so right... You hit the nail on the head.. Its GREED... I dont feel bad for these companies.. The thing is, when a company screws ppl, ppl will turn around and screw them.. Its quite easy.... Now heres the hypocrisy in that- a company can screw you out of product and give you the run around.. but as soon as someone else screws them (ie this lawsuit) companies want to take action. WHY? Microsoft- banned almost 1million 360's bc of being customized? If microsoft didnt have so much exclusive bs attached just like MAC and let ppl customize their own SH*T, it would be alot easier... Im all for hacking and making your product that you pay for YOUR OWN!! This is really a case of Greed.. Nice one Adrian.. I agree with you 100%

      Quote Originally Posted by sandstorm77 View Post
      I wouldn't be suing anyone. The fact of the matter is that the people who are buying these non apple computers cant afford a mac therefor they would end up having to buy a non Apple PC. Apple does not make any money from a non Apple PC sale. But if I buy a PC and can install Mac Os, Apple will make a profit from the sale of the OS. Stop complaining Apple. You Suck!



      Agreed!!! Apple just want to control everything... im all for jailbreaking...im all for putting mac os on a non apple PC.. you're right the money they would make vs their over priced Macbooks and desktops....
    1. romeoz's Avatar
      romeoz -
      I have personally been trying to find a easy way to run MAC OS X on my PC with a dual boot. Thanks to Psystar I was able to do this. I paid 29.00 for MAC OS X from the BX and then paid 50.00 for RebelEFI. This worked perfect..I now run a dual boot system with windows 7 and Mac OS X Snow Leopard. Im not a mac fan but I want to create an iphone app and I needed apple software to do this...so now I dont have to waste all that money on a mac when all I wanted to do was use it for a certain software. I feel like I have two computers in one...and for a fraction of the price...the only thing that sucks is I cant run a screen size bigger than 1280x768. I have a 25" monitor I run windows 7 on 1920x1080 and when mac boots up its smaller and leaves a 1" black bar around my entire screen. Since there are not drivers for a mac I cant make the screen fill in...other than that RebelEFI is the best tool out there.
    1. steve-z17's Avatar
      steve-z17 -
      I love how there's so many haters on here. It's like they have nothing better to do or they want to be cool by hatin' on Apple. Just because I have a Mac and an iPhone doesn't mean I hate Windows. I use Windows when I need to and its good, I just prefer using a Mac, but that doesn't mean I have to hate on others and what they prefer. Does it make you feel better to put down something that someone else enjoys? Seriously, its so stupid. The worst is all the hypocrites that are hating on Apple yet they have an iPhone. I think its funny because you dislike Apple so much yet you're helping sell their products by carrying and using one. People just need to grow up and stop hatin' on others just because their preference is different. After all, we are a community of modders, we all want our phones to be awesome, and the way to do that is by helping each other out.
    1. Bluprint's Avatar
      Bluprint -
      so does my software get revoked?
    1. quidam_brujah's Avatar
      quidam_brujah -
      My thoughts:

      Dalep -- couldn't agree with you more. I would think that more people here would be in the self-help/self-educated corner but there appears to be a lot lacking when it comes to a lot [but not all] those posting.

      This has always been true with licensing and has gotten more draconian as time has gone on. It has been worse in the past until challenged in court (anyone ever fall victim to 'by opening this envelope you accept the license' which you couldn't read without first opening the envelope, catch-22? Courts and public pressure forced those that wanted to do that to have a refund clause where you could disagree and have some window of time to get out of the deal and get your money back) of law or public pressure.

      They want unlimited opportunity to make as much money and have as limited liability as they can (ever notice that most licenses state that there's no guarantee that the software you 'lease' is even fit for a particular purpose? -- they don't guarantee that it will run at all!) And, much like everything else, we go along with it and by the time we start b*tch*ng, it's too late because they can show in court that it's a common practice accepted by society [because we are by and large, lazy turds.]

      How can Comcast, et al, advertise and sell 'unlimited high-speed internet' when they put limits on it and they guarantee no minimum speeds at all?

      Same reason that Apple can license their software to run on "Apple-labeled computers" (which means WHAT exactly?).

      Oh, and don't forget that they can change the agreement at any time.

      I think I would like to notify (in writing) some of my business partners (my gas/electric company, water company, bank, telecomm provider, etc.) that I am changing our agreement and that by their continued providing of that service they agree to the new terms. Let's see how well that goes over.

      a**holes.
    1. CaptainChaos's Avatar
      CaptainChaos -
      I really don't understand what Psytar is trying to accomplish here. They know what they are doing is wrong and yet they continue to poke the giant in the kneecaps. The Palm Pre is doing the same. It is crazy.
    1. CabooseLoL's Avatar
      CabooseLoL -
      To tell you the truth, I've never actually read the user agreement in anything I've installed. I'm guessing the same goes for allot of you.

      But after hearing that when I buy software, for the most part, its not actually mine, its being "leased" to me? WTF? That just makes me want to pirate stuff 10x more. If I'm going to buy/pay money for something(unless I'm renting it), it better damn well be mine!
    1. PAKIS-RULEZ's Avatar
      PAKIS-RULEZ -
      Quote Originally Posted by rhekt View Post
      worthless? boy. harsh words.
      no he is dam right apple is crap

      only good in ipods and iphone... rest is sucky

      ppl buy apple to show off (most of them) if not then ppl who buy apple pcs is their brain is too dumb to handle MS. as stated "simple is better" lol lame brains.

      if u ppl wana invest money on on nice lps invest on alienware laptops... top of the line


      and it is unfair to consumers that in a way they r leasing the apple os not buying it even though they bought it.
      apple is so *** Period.
    1. CabooseLoL's Avatar
      CabooseLoL -
      Quote Originally Posted by PAKIS-RULEZ View Post
      no he is dam right apple is crap

      only good in ipods and iphone... rest is sucky

      ppl buy apple to show off (most of them) if not then ppl who buy apple pcs is their brain is too dumb to handle MS. as stated "simple is better" lol lame brains.

      if u ppl wana invest money on on nice lps invest on alienware laptops... top of the line


      and it is unfair to consumers that in a way they r leasing the apple os not buying it even though they bought it.
      apple is so *** Period.
      After reading this post, it makes me wonder if you can handle "MS"... Maybe its time to start thinking about investing in an Apple computer.

      I own a Windows computer and not because I think I'm smarter than anyone who owns/uses Apple computers. If that was the case, well that would just be stupid... Both Apple and Windows have their ups and downs... END
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by CabooseLoL View Post
      After reading this post, it makes me wonder if you can handle "MS"... Maybe its time to start thinking about investing in an Apple computer.

      I own a Windows computer and not because I think I'm smarter than anyone who owns/uses Apple computers. If that was the case, well that would just be stupid... Both Apple and Windows have their ups and downs... END
      I agree with you. He's just a hypocrite, probably just wants to be part of the group that bashes Apple even though he owns an APPLE iPhone. It's so lame, ppl actually think they're cool when they do that. They talk about buying Mac stuff to "show off" lol! It of course all makes sense when the remark to "buy alienware" came up. Just another person trying to put down what other ppl prefer then trying to sell their own preferences off as something better. Just sad.