Psystar Guilty in Violating Apple Copyright & DMCA

Discussion in 'HardForum Tech News' started by Terry Olaes, Nov 15, 2009.

  1. Terry Olaes

    Terry Olaes I Used to be the [H] News Guy

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    On Friday, Apple won a judgement against Mac-clone maker Psystar for violating Apple’s copyright and the Digital Millennium Copyright Act (DMCA). Check out the BusinessWeek article for more details. Pwnt!

     
  2. jwhited

    jwhited n00b

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    I can't say I agree with the ruling, but I can't claim to care much, either.
     
  3. dr.stevil

    dr.stevil [H]ardForum Junkie

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    I don't understand how they violated the DMCA. They're emulating EFI... it's not like they're using hacked kernels or anything.

    Can you seek an appeal for a civil trial?
     
  4. nilepez

    nilepez [H]ardForum Junkie

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    Yes, but based on the BW post, I don't think it will matter, because Psystar will be out of business within a month.
     
  5. ekierce

    ekierce Gawd

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    If they had to do any reverse engineering to figure out how to emulate EFI, then they violated DMCA which covers reverse engineering as thoroughly as it does breaking encryption, etc.
     
  6. ekierce

    ekierce Gawd

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    Also - insofar as appealing a civil trial goes, you certainly can. BUT, there are a lot of restrictions, for instance, you can be ordered in some cases to put up a cash bond in the amount of the judgment prior to the appeal proceeding.
     
  7. Ualdayan

    Ualdayan [H]ard|Gawd

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    Apple wins! Yep, now everybody has to go back to downloading illegal copies of Mac OSX that Apple receives no money for rather than having Psystar buy legitimate copies of OSX and install it for people.
     
  8. ChairmanMiau

    ChairmanMiau Limp Gawd

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    The DMCA needs to die.
     
  9. Emission

    Emission [H]ardness Supreme

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    You would think that they're at least happy that Psystar bought legitimate copies and didn't outright steal the software. Then again, a use agreement is a use agreement, and I'm pretty sure it's explicitly stated that OS X disks are meant for Apple computers only, and that any use outside of this is a violation of the agreement. Technically, Apple is fully within their right to rid the earth of Psystar so long as it continues to sell OS X machines without any kind of explicit permission.

    Sad, but that's how it works, no ifs ands or buts. How the hacking community responds to this is another story, people are still going to pirate OS X regardless.
     
  10. RumpleForeSkin

    RumpleForeSkin Limp Gawd

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    can't say i'm too surprised by this outcome.. Funny how apple hasn't released their OS to the rest of the x86 world but i'm pretty sure that they know nobody would buy their overpriced hardware any more. I went into an apple store recently and had a great time shit talking on the hardware.. ie talking loudly with my friend how we had better hardware than what they are trying to sell for $3000 and spent a fraction of that cost.

    it's a fucking status symbol and nothing else.. it's buying the Audi, even though the VW is the same car.. people and their egos are sad really
     
  11. kllrnohj

    kllrnohj [H]ardness Supreme

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    Actually, reverse engineering for interoperability *IS* legal. The DMCA doesn't govern reverse engineering at all. What the DMCA does say is that it is illegal to bypass any form of DRM or access control.
     
  12. Evil

    Evil Gawd

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    Looks like the judge was paid off
     
  13. jonathonball

    jonathonball [H]ard|Gawd

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    I was cheering for these guys... haha too bad.
     
  14. ol1bit

    ol1bit [H]ard|Gawd

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    Our couurt system sucks anymore... Err um DCMA sucks donkey balls.
     
  15. ekierce

    ekierce Gawd

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    And, as logic would dictate, if you have to reverse engineer that access control or DRM, you are prohibited from doing so by the DMCA.
     
  16. HOCP4ME

    HOCP4ME 2[H]4U

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    Yeah the DMCA is the problem. The job of the courts is simply to enforce the law, and as of now the DMCA is law.
     
  17. stop!theradio

    stop!theradio 2[H]4U

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    Fix't. :p
     
  18. Arcygenical

    Arcygenical Will Watercool for Crack

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    Thank god Psystar lost.
     
  19. MrGuvernment

    MrGuvernment [H]ard as it Gets

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    From what i understood they did not modify OS X at all... they simply provided a base to install it over ?
     
  20. Monkey34

    Monkey34 [H]ardness Supreme

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    This
     
  21. DanNeely

    DanNeely 2[H]4U

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    Fixed:

    Apple wins! Yep, now everybody has to go back to downloading illegal copies of Mac OSX that Apple receives no money for rather than having Psystar buy upgrade only licenses of OSX and install it on bare hardware for people while pretending they weren't doing anything illegal.
     
  22. Emission

    Emission [H]ardness Supreme

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    It's so true...
     
  23. westrock2000

    westrock2000 [H]ardForum Junkie

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    I just think its horsecrap that Apple accuses Pystar of being so bad, yet Bootcamp, which Apples calls a feature, does exactly the same thing to run Windows on non-PC compatible hardware.

    BTW, does mean I broke the Apple law because I upgraded my Mac with a harddrive and memory that I bought at Fry's? The hardware does not say Apple on it, so that means running OSX on is against the Apple law?
     
  24. R0N1

    R0N1 [H]ard|Gawd

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    Did anyone actually think that Apple would loose this.. ? Although it would've been an interesting outcome if Psystar won.
     
  25. Absentee

    Absentee [H]ardForum Junkie

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    Macs are 100% PC compatible. Under the skin they are an intel processor on an intel chipset with regular pc components. Bootcamp is a GUI to partition the HDD safely and install the proper drivers.
     
  26. westrock2000

    westrock2000 [H]ardForum Junkie

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    With a Mac and a blank harddrive, you can put a Windows disc in, boot straight to the disc, and load Windows 100% the same as you could on a PC?

    I was under the impression something needed to translate the EFI to PC BIOS operation.
     
  27. DanNeely

    DanNeely 2[H]4U

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    Vista SP1 and later have EFI support. It's only XP that lacks it.
     
  28. Monkey34

    Monkey34 [H]ardness Supreme

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    No-one answered his question.

    I'm not familiar enough with Apple's rules to give a definitive answer......I don't buy, fix, or use their products at all.
     
  29. FLECOM

    FLECOM Modder(ator) & [H]ardest Folder Evar Staff Member

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    yep, windows 7 even has all the drivers built in :)
     
  30. nilepez

    nilepez [H]ardForum Junkie

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    My guess is that hardware is defined as an apple box with an apple MB.

    Regardless, I think that Apple would argue that you must have a license for OSX before you can buy another license. And to be clear that means that the original license must have been installed on the Mac that you're installing the new OS onto at some point.

    Thus, if you have an imac and you buy a new HD and install the new version of the OS on it, you're still legal.

    Of course neither Apple, nor it's most ardent fan boys, ever say that their prices are upgrade only prices. Thus Windows Non upgrade prices are often quoted when comparing OS X to Windows.

    Nevertheless, I read somewhere else that had Psystar been a bit smarter, they might have gotten away with it.

    Sell PC with no OS
    Include utility to do whatever is required to allow an unopened copy of OS X work on that PC.
    Sell Copies of OS X separately.
    Sell OEM copies of Windows.