Psystar Hires Jammie's Lawyers to Fight Apple

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Psystar, Mac-clone maker to the stars, has just hired the same legal team that unsuccessfully defended Jammie Thomas against the RIAA. Aren’t these the lawyers that got their client smacked with a $2M judgment in a case where she was originally offered a $5k settlement?

"Psystar has always been more a Cowboy than a Hippie. Now we've changed lawyers to better reflect who we are," the company said Tuesday in a post on its Web site. "Everyone here values openness. And that's how we're going to fight Apple: in public."
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Apple contends that the Mac OS X End User License Agreement (PDF), which each user must agree to before installing the software, is all the proof it needs. The agreement clearly states that the operating system can only be installed on an Apple-labeled computer. That could leave any clone maker without a legal leg to stand on.
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Hate to say it but I agree with them. That's the EULA. Violate the EULA, your license to run the software is null and void. Ergo Psystar is not running legally licensed versions of OS X. Case closed.

I hate putting down 'the little guy' but Psystar has no case. I don't understand why *any* Mac clone company thinks they're going to get away with it, legally, with the terminology in place in the EULA.
 
Aren’t these the lawyers that got their client smacked with a $2M judgment in a case where she was originally offered a $5k settlement?
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I'd say they are the lawyers that were going to get her off until it came out two days before the trial that she replaced the hard drive and lied about it.
 
They need to restate, reclarify, or very precisely define what "Apple-labeled computer" means, because if I go buy OSX (which I did when Leopard came out, just to have it for OSx86 work), and I install it on a generic PC, and I take that white Apple sticker - which IS the company label, for all intents and purposes - and put it on the PC I just installed OSX on, then by definition the OS is installed on an "Apple-labeled computer" soooo...

Until someone somewhere fully defines and precisely states what the words "Apple-labeled computer" means, then I say Psystar, have fun while it lasts...

"Apple-labeled" does not mean "Apple-manufactured" - if it did it would say that, specifically, and it doesn't. As long as it's got an Apple logo on it - especially one I paid for, inside the box with the OS - then I'm legally entitled to install my legally purchased and owned copy of OSX on any damned machine I choose.
 
I dunno, the lawyers did a pretty good job with the settlement, so it stands to reason that Psystar is looking to do that.

Also the EULA is the End User License Agreement. Psystar is a reseller not an end user.
 
Joe Average said:
They need to restate, reclarify, or very precisely define what "Apple-labeled computer" means, because if I go buy OSX (which I did when Leopard came out, just to have it for OSx86 work), and I install it on a generic PC, and I take that white Apple sticker - which IS the company label, for all intents and purposes - and put it on the PC I just installed OSX on, then by definition the OS is installed on an "Apple-labeled computer" soooo...

Until someone somewhere fully defines and precisely states what the words "Apple-labeled computer" means, then I say Psystar, have fun while it lasts...

"Apple-labeled" does not mean "Apple-manufactured" - if it did it would say that, specifically, and it doesn't. As long as it's got an Apple logo on it - especially one I paid for, inside the box with the OS - then I'm legally entitled to install my legally purchased and owned copy of OSX on any damned machine I choose.
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Umm no. That's not how it works. You don't have the right to place the Apple logo on anything. And neither would Psystar, otherwise they would just do so to exploit your "loophole" :rolleyes:
 
Joe Average said:
They need to restate, reclarify, or very precisely define what "Apple-labeled computer" means, because if I go buy OSX (which I did when Leopard came out, just to have it for OSx86 work), and I install it on a generic PC, and I take that white Apple sticker - which IS the company label, for all intents and purposes - and put it on the PC I just installed OSX on, then by definition the OS is installed on an "Apple-labeled computer" soooo...

Until someone somewhere fully defines and precisely states what the words "Apple-labeled computer" means, then I say Psystar, have fun while it lasts...

"Apple-labeled" does not mean "Apple-manufactured" - if it did it would say that, specifically, and it doesn't. As long as it's got an Apple logo on it - especially one I paid for, inside the box with the OS - then I'm legally entitled to install my legally purchased and owned copy of OSX on any damned machine I choose.
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...and then have fun losing the resulting copyright infringement suit immediately, even IF you somehow managed to win the original suit. Apple owns their own logo, don'tchaknow.
 
Of course they own the logo, it's their logo for fuck's sake, geez. But since they provide the logo stickers in the box with the purchase of the OS what do you think they expect people to do with them? Leave 'em in the box? Please... if that was the case why bother adding in the logo stickers, eh?

You kids have way too much time on your hands...
 
Joe Average said:
But since they provide the logo stickers in the box with the purchase of the OS what do you think they expect people to do with them?
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Put the stickers on their cars to show the world they too are an elitist Mac owner who is more important than any PC drivers. :p

...or at least that's where I always see those stickers.

Still the point is not a good one; you put a sticker on the case, it's still not Apple hardware inside - it's a facade. If it were possible to get away with this, why wouldn't BMW buy Yugos and put their emblem on them with an MSRP of no less than $35k? :D
 
Joe, instead of that sticker, get a Dyno and just slap "Apple" on the machine. now its "APPLE" labeled machine :p
 
See what happens when there is no clear definition of what "Apple-labeled" means?
 
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