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Thread: Apple and Psystar Finally Reach an Agreement

  1. #1
    MMi Staff Writer Michael Essany's Avatar
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    Default Apple and Psystar Finally Reach an Agreement


    Late Monday it was reported that Apple and their pirating peer Psystar reached an agreement to settle a 17-month lawsuit. According to preliminary details made available from ComputerWorld, Psystar will no longer be permitted to preinstall Apple's Mac OS X on the Intel-based computers it sells.

    It may not prevent the small Florida computer maker from selling Mac clones, however. Instead, Psystar laid out an argument that would shift responsibility for installing Apple's operating system onto its customers.
    Although more details will be forthcoming today, for now it is known that Psystar will award an unspecified dollar amount in damages to Apple, but such payments will not be made until Psystar finishes the appeal process - a legal journey that could ultimately take a substantial amount of time to complete.

    As a result of the agreement in place, Apple has effectively dismissed its trademark infringement claim against Psystar, which ends the long-running legal battle and eliminates the need for a trial. Psystar and Apple have locked legal horns since July 2008, when Apple first went after the clone maker which had begun selling Intel machines with Mac OS X preinstalled only a few months earlier.

    In the Monday filing, Psystar argued to exclude Rebel RFI, a $50 utility that the company started selling in October, from any potential injunction. Rebel EFI lets owners of generic PCs -- like the ones that Psystar sells -- install and run Apple's Snow Leopard operating system.
    Naturally, there is reluctance on the part of some to think that yesterday's "resolution" will actually resolve once and for all the legal tug of war that seems destined to continue or at least reheat as long as Psystar stays in the business of stealthily profiting off of Apple in some direct or indirect fashion.

    It should also be pointed out that as of this morning, Psystar's Web site is still selling the troublesome clones with Snow Leopard preinstalled.

    To read the full report from ComputerWorld, click here.

    Image via MobileWhack

  2. #2
    Livin the iPhone Life steve-z17's Avatar
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    Sweet! Sounds like a good agreement, pretty fair for both sides. Psystar can continue selling their product (legally now) and Apple doesn't have to keep opening lawsuits every time they come out with a new OS. Glad it worked out for both sides sooner than later an before it went to court.
    Last edited by steve-z17; 12-01-2009 at 07:26 PM.

  3. #3
    My iPhone is a Part of Me hollow0's Avatar
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    Well Apple has always gotten their money. The issue was Pystar manipulating the software to work on Intel based systems that were not Macs.

    But, although the customers are the ones to install the software..doesn't this still mean that Pystar could manipulate the OS to work on Intel systems? What's the difference? Maybe i'm lost in this battle lol.

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    Livin the iPhone Life CaptainChaos's Avatar
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    This is awesome! This doesn't change anything other than the fact that you have to install it yourself and that is easy-peasy.

  5. #5
    Might not be as easy for updating the systems without Psystar's support. But good news none the less.
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    How does the Rebel EFI work with random vendors laptops? Does it provide more support than say iPC's OSX86 installer or does it just grab from the internet prebuilt drives? I would be dual booting once they get support for my Intel wireless card.

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    Green Apple VBLUE42's Avatar
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    I find it funny that Psystar really thought they were going to win this suite. What a bunch of idiots.

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    iPhone? More like MyPhone
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    What I don't like is the fact that apple has a monopoly on there os. That's like saying that Microsoft windows can only be installed on a computer made by microsoft. I do not like the fact that the only way to have osx is to buy a computer through apple, no other os is computer specific but osx is...sorry but that's monopoly plain and simple. They should allow it to be installed on any computer if the software has been bought, once you bought the software you own it.
    -Cobra

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  10. #9
    It is kinda the same concept of PWNage tool, where it is up to the user to create and modify Apple's firmware so the Dev Team doesnt have any legal issues with Apple. Now Pystar will require the user to install Mac OSX onto their ready built machines. Very clever
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    iPhone? More like MyPhone gsmumbo's Avatar
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    Quote Originally Posted by CobraSVT View Post
    What I don't like is the fact that apple has a monopoly on there os. That's like saying that Microsoft windows can only be installed on a computer made by microsoft. I do not like the fact that the only way to have osx is to buy a computer through apple, no other os is computer specific but osx is...sorry but that's monopoly plain and simple. They should allow it to be installed on any computer if the software has been bought, once you bought the software you own it.
    Can you install a PSP operating system on anything but a PSP? The PSP OS is designed for the PSP hardware. Same here. OS X is designed for Apple hardware. There are other devices that use the hardware in the PSP. Just as there are other devices that use the hardware in Apple computers. If you build a device, you should be able to make your own OS for that device. Why should you have to give it out? They made their own computer. They are allowed to make an OS to run it. Just because the hardware inside of a PC is similar or the same as the hardware inside of Apples machines, doesn't mean Apple has to give up their OS.

  12. #11
    This doesn't mean that it is the end of Psystar computers running OSX, it just means that they are not allowed to preinstall the OS onto your computer. I imagine that now you will receive a computer as well as the OSX install disk and instructions on how to do it yourself. It is a little more complicated and will require more technical know-how than the average mac user has, but will allow OSX to run on non-Apple machines.

    If I were Psystar, I would look into the plausibility of using home-installation technicians.

  13. #12
    in 1993 i made an apple logo transform into the numbers '93 for the front of my school yearbook. and i did it all on an old apple computer art program. thank god they never saw that
    killall Terminal[]

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    Livin the iPhone Life CaptainChaos's Avatar
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    Quote Originally Posted by VBLUE42 View Post
    I find it funny that Psystar really thought they were going to win this suite. What a bunch of idiots.
    They did win. They are still in business and will still make a killing.

  15. #14
    Here's a thought... If Apple wanted THEIR operating system on PC's....couldn't THEY do it?

    How the courts even allow Psystar to remain in business is beyond me.....

  16. #15
    Livin the iPhone Life CaptainChaos's Avatar
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    Quote Originally Posted by TC316 View Post
    Here's a thought... If Apple wanted THEIR operating system on PC's....couldn't THEY do it?

    How the courts even allow Psystar to remain in business is beyond me.....
    Apple doesn't want to do that. They want you to purchase an inferior machine for much more money. They make their killing off of the hardware, not the software.

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    iPhone? More like MyPhone
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    Quote Originally Posted by CaptainChaos View Post
    Apple doesn't want to do that. They want you to purchase an inferior machine for much more money. They make their killing off of the hardware, not the software.
    +1 Apple doesnt produce the hardware as some has said, they don't make the computers either, they have it all made in Japan or China and then have it shipped here and sell it. Most Mac's produced now adays can run windows without a hitch. If you really wanna think about it is, its all the same guts weither you buy a mac or pc, with PC your paying for hardware not as much software. With Mac your paying for LOOKS and SOFTWARE not hardware, the same stuff you can get in a mac you can get with a PC for about 4 times less. Sorry, psystar is doing it right, produceing a tower that runs the OSX operating system for a lot cheaper and you just don't get the brand name and cool looks.
    Last edited by CobraSVT; 12-01-2009 at 02:45 PM.
    -Cobra

  19. #17
    this actually solidifies Psystar in the market in my eyes. Before, I wouldn't have bought one of their products for fear that they'd disappear one day soon.

    Now, they're established and can make the computers to their heart's content. I'll be glad to install OSX on the machine myself. I'll definitely consider one.

  20. #18
    iPhone? More like MyPhone matthew1111's Avatar
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    Cool, nice that its legal now- im thinking about using it!
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  21. #19
    sounds like weve got ourselves a good ol' fashion microsoft forum going on in here
    killall Terminal[]

  22. #20
    Quote Originally Posted by CobraSVT View Post
    What I don't like is the fact that apple has a monopoly on there os. That's like saying that Microsoft windows can only be installed on a computer made by microsoft. I do not like the fact that the only way to have osx is to buy a computer through apple, no other os is computer specific but osx is...sorry but that's monopoly plain and simple. They should allow it to be installed on any computer if the software has been bought, once you bought the software you own it.
    Thanks to retail democracy you technically do not own a piece of software once you buy it. You own the box and the disc, but not the information contained on the disc. You paying for the software only means that you are licensed to use it, according to Apple's terms, and precludes any sense of ownership.

    According to the letter of the law, Apple is doing nothing wrong. Corporations paid for these copyright laws and got them.

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