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Home > News > Apple > Personal Thoughts

November 11th, 2009, 11:23 GMT · By

Why Psystar May Never Beat Apple

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Psystar company logo (also the Rebel EFI application icon)
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While some say Psystar has a shot at winning the ongoing legal battle it’s engaged in with Apple, there’s at least one aspect that acts as a big bump in the company’s road to victory – Apple’s claim that it is offering a complete product by selling Macintosh computers with Mac OS X. Psystar is capitalizing on Apple’s work by taking one piece of Apple’s product and selling it for something else. Apple also claims Psystar is selling an inferior product that is affecting its standing in the marketplace.

A Miami New Times report looks at the Mac cloner’s business, as well as its founders’ backgrounds, which, apparently, could well be used for a drama. Running the company are the Pedraza brothers, whose drug-dealing father was arrested and imprisoned, while the mother didn’t exactly provide them with the support they needed either. Add the crippled society we live in into the mix and you’ve got yourself two determined individuals. So determined, that they decided to take on one of the biggest corporations out there, for pricing their products too high. Think of Psystar as Robin Hood taking from the rich and giving to the poor. Only this Robin Hood is also keeping some loot for itself. What can you do? Times are hard...

However, there’s a glitch in Psystar’s “program.” Whether it likes it or not, Apple did develop Mac OS X on its own (more or less) and, as a result, it’s the company’s to sell and retain legal rights over. Although there are laws saying that, once you buy something, it’s yours to do whatever you like with it, Apple’s Mac OS X may not be that “something.” In fact, it may just prompt lawyers and judges to “think different.” Here’s what we mean by that.

With Apple (computers), you are offered a product that’s meant to be used the way it was designed to be used. You alter that, and it’s not what you bought anymore. Apple sells complete solutions; the things that work out-of-the box; Macintosh computer + Mac OS X = Apple Product. One Apple product! You divide that, and you’re not getting what Apple was planning to offer you, as a customer. And, while it’s your right to be stupid and mess up your experience, it’s also Apple’s right to say, “We put hard work into this OS, so we ask that it’s used appropriately” [in a booming, baritone voice].
Review image

This is Psystar's "OpenDuo with Mac OS X". The company's cheapest computer ($599.99) retails for as much as an Apple Mac mini, but almost has the specs of a Mac Pro. The $600 also includes the Mac Box Set (Mac OS X Snow Leopard v10.6 + iLife + iWork), which Apple sells separately for $169. "Attractive" is an understatement for this offer.
Credits: Psystar

Take the license agreement that you say “yes” to when installing Mac OS X on a generic PC, modified to run Apple’s operating system (a Psystar computer, if you will). Mac OS X, being tricked into thinking the disc has been inserted into a Macintosh, will ask the user to say “yes” or “no” to a license agreement stipulating that the operating system should only be installed on an Apple-branded computer. By saying “yes,” you’re lying that you’re using a Mac. Sure, Apple is pricey and more people should get access to its solutions. It’s also not fair that the rich guys get all the chicks, but that’s just the world we live in.

The bottom line is that, today, there’s no cheaper way of using a Mac legally. All you can do is either buy a Mac for whatever price Apple sells it to you, or go for a clunky PC, and try to do your work using the OS that suits you best (except for Mac OS X). OR, you can always just wait for the law to change.

Apple holds that consumers who purchase a copy of its operating system don't actually own the software. And how could they? When you buy a book, you own the book, but do you own the words? No, you don’t. So, when the words say, “Use me with a Mac,” why be a wise guy?

Then again, some may remember a 2004 case involving Microsoft, when a court ruled that the Windows maker broke competition rules by tying the operating system to its media player, forcing the giant company to allow rival programs and pay $794 million in damages. It's not exactly the same thing, but the two cases are similar enough to compare.

Now that you're all confused, why don't you share your own thoughts in the comments.

TELL US WHAT YOU THINK:

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READER COMMENTS:


Comment #1 by: Logic on 11 Nov 2009, 18:59 UTC reply to this comment

Please review the current iTunes lawsuit, and the recent dropping of the first clause that was just recently dismissed... Dismissed entirely because iPods and iTunes are two distinct products sold independently and nether requires the other to work (key point, neither requires the other), thus no Antitrust under the Sherman Act... Using your logic of "Macintosh computer + Mac OS X = Apple Product" this brings up the same Antitrust issues under the Sherman Act BUT Apple can't argue the same "they can be used independently thus there is no antitrust issue" defense they just argued to get out of another lawsuit... For anyone savy it appears they just shot themselves in the foot in regards to OSX being tied to their hardware, sure sounds like the same antitrust issues as iTunes & iPod but without the defense they just argued... If the only reason iTunes and Ipods are not in violation of The Sherman Act is that they can be used independently of each other, they are going to have a hard time defending OSX isn't in violation of Antitrust laws...

Also "there’s no cheaper way of using a Mac legally" don't confuse legal and a possible civil issue, there is absolutely no law stating OSX can't be installed on a PC, there is merely a civil contract who's validity has not been tested in court under the First Sale Doctrine... There is no contract prior to that sale of OSX, only a contract that is disclosed AFTER the sale putting it's validity in question... Think of it this way, I sell you a car and tuck a piece of paper in the glove box stating that you have to use Exxon brand gas, can only use Pennzoil brand oil and must drive on cement hiways only... Is that valid? It's no different then what Apple is doing they are trying to enforce how you use a product after it's sold with no disclosure before the sale...

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