Apple won again against Psystar

[ainsoph]

But, the real good news is: hackintosh community was not affected.

http://arstechnica.com/apple/news/2011/ ... rdware.ars

 

[SnapMan]

The Hackintosh community wasn't a party to the suit, but if Apple chose to use the same legal argument against each of us....the outcome might not be happy. Psystar was not only barred from shipping any hardware with OSX on it, but also from selling USB thumb drives with Rebel EFI on it as it contributed to infringement.

Fortunately, Apple ignores or tolerates us either because we are totally off the radar or they realize that being right will only generate a lot of bad press and hard feelings with no possible gain for them.

Psystar made using OSX a business which tarnished the Apple brand. It was alleged that Psystar shipped low quality equipment, people complained directly to Apple.

 

[ffk]

The Hackintosh community wasn't a party to the suit, but if Apple chose to use the same legal argument against each of us....the outcome might not be happy. Psystar was not only barred from shipping any hardware with OSX on it, but also from selling USB thumb drives with Rebel EFI on it as it contributed to infringement.

Fortunately, Apple ignores or tolerates us either because we are totally off the radar or they realize that being right will only generate a lot of bad press and hard feelings with no possible gain for them.

Psystar made using OSX a business which tarnished the Apple brand. It was alleged that Psystar shipped low quality equipment, people complained directly to Apple.

This argument comes up alot in the jailbreaking community... Apple choosing to ignore or tolerate...

I think one of the key words in your post is selling. Psystar was selling a product with Rebel EFI, nobody is selling anything here. Accepting the EULA is where all hackintoshes are guilty.

 

[TUFF Stough]

Marks the statement in the last paragraph of the news.

As we noted in 2009, when Apple won its first round against Psystar, the decision will certainly limit companies that try to make a commercial business out of re-selling Apple's software with unauthorized hardware. What it won't limit will be hobbyists creating their own hackintoshes at home using their own PCs and OS X installations. In fact, the commercial industry has largely moved on already by selling tools to those at-home hackers (instead of the software and computers themselves), making enforcement of Apple's licensing agreement effectively moot for those users.

 

[Haxx187]

It is an interesting read, i think part of the thing that keeps us under the radar is the method of needing a retail dvd etc. Im sure apple isnt completed stupid , a lot of people here buy apple based products as well to suppliment their hack craves.

 

[Rick5]

since there is a ruling against psystar and the usb stick with their efi on it, what keeps um..... another usb stick based company .... from getting their nose rubbed in it? is it the fact that you still need a retail OS dvd?


Just curious.

 

[ffk]

since there is a ruling against psystar and the usb stick with their efi on it, what keeps um..... another usb stick based company .... from getting their nose rubbed in it? is it the fact that you still need a retail OS dvd?


Just curious.

Money.
Don't sell the product.

 

[SnapMan]

Well it is certainly money....but more dilution of brand. Psystar was selling computers using the Apple name.....and they were not high quality. People were confused and called Apple for free tech support: Apple's hand was forced in order to protect their good name and to set an example that they would not tolerate being blatantly ripped off.

I seriously doubt any of us would call Apple for tech support.

And yes only supporting using Retail install methods and deleting reference to pirated versions certainly removes a potential area of possible complaint.

 

[Peter R.]

Apple is just choosing it's battles. As long as companies that bite into their margin are around, OR blatently tarnishing their rep, they got bigger fish to fry. If they finally get their IP wars with Samsung et all settled, and they rooted out the Psystars of this world, they wil have a couple of divisions of lawyers on retainer with nothing better to do than to open fire on us here chickens. A couple of small fry will be made an example of, like that woman that 'shared' 10 songs in a folder on her Windows box. Boards like this will disappear overnight.
Just pray to your god of choice that Apple continues being granted silly pantents they can so litigate for for eternityn and Google keeps working on Android. They'll leave us well alone.

 

[osxfr33k]

And if you want my opinion and to take this even further against apple aren't they using the Open Source GPL UNIX type OS?

There can be a huge amount of argument against them on this if you ask me. The way I look at it, they are basically running UNIX with a Xserver (Desktop), borrowing technology that is not even theirs to begin with.

Its an over glorified UNIX operating system using a micro kernel with bells and whistles.

The concept on the kernel is still like that of UNIX/Linux kernels with modules.

Only my opinion though.

And as far as the Hardware goes, it is not Apple's so called hardware. Its intel based hardware using Intel Processors and Intel chipsets on their motherboards just as the PC uses now. WIth this VMARE Fusion and Oracle VIrtual Box running other OS on the mac is yet another story to use against their ELUA. I think Apple is going to find out if they take legal action against the wrong person they are going to find themselves loosing in such a major way it will open the door for everyone so they better be a bit more careful.

Psystar just did not give a sh...t otherwise I think they could have won their case!!


Odd as of today ins.... seems completely dead.