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Old November 25th, 2008, 01:04 AM   #1
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Psystar - how are they not sued?

Mac OS X - Desktops - For Your Home - Psystar

This is mind blowing!
Blu-Ray is an option!
Anyone bought one here?
-C
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Old November 25th, 2008, 01:27 AM   #2
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if they got legal license for OSX, i do not think it is written somewhere that osx is forbidden to run elsewhere than an apple computer.
on the other hand getting support from apple on this machine is probably impossible.
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Old November 25th, 2008, 07:11 AM   #3
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They are in Litigation

Actually they are in a litigation with Apple, but Psystar is gong after Apple. Google Psystar and you will find plenty of info about the legal battles.

Tom
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Old November 25th, 2008, 09:03 AM   #4
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suit behind closed doors

apple sued....psystar counter sued....judge threw out countersuit by psy and the parties agreed to nonbinding closed-to-the-public arbitration....
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Old November 25th, 2008, 10:33 AM   #5
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Just a guess, with a closed-door arbitration, and NO injunction stopping current sales for Psystar??? I'd say Psystar is 'ahead' in the game.
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Old November 25th, 2008, 12:58 PM   #6
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Quote:
Originally Posted by Giroud Francois View Post
if they got legal license for OSX, i do not think it is written somewhere that osx is forbidden to run elsewhere than an apple computer.
I don't know what special deals they may have, but the OSX license says the following:

Quote:
Permitted License Uses and Restrictions.
This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.
See:http://images.apple.com/legal/sla/docs/macosx105.pdf
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Old November 25th, 2008, 01:20 PM   #7
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this is probably illegal statement.
if this would there is a long time that sony would not allow to play movies on anything else than a sony DVD player.
The same for zone on DVD, it is illegal but nobody bothers to fight it.
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Old November 25th, 2008, 01:27 PM   #8
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I expect the reason that the case went to arbitration, and that an immediate cease and desist wasn't issued - is that Psystar has invested in some really good IP attorneys. They are looking to make case law, and Apple isn't interested in that happening. End user agreements are ripe for litigation and most software companies don't want them busted open.
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Old November 25th, 2008, 01:32 PM   #9
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I know that people do install MacOSX on other computers, but I believe it involves changing some of the code which would normally prevent it from working on non-Apple hardware.

I have no idea what the legal ramifications of this are, but to extend your analogy Giroud, this would seem more like defeating the copy protection on a DVD as opposed to just popping it into a player and having it work without modification.
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Old November 25th, 2008, 02:29 PM   #10
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i do not think so. Some of the OSX hack rely on the original apple DVD.
They just install a layer (harware or software) that allows to cheat the OSX for recognizing as an Apple machine. For sure this required at first some reverse engineering and code stolen.
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Old December 21st, 2008, 03:53 AM   #11
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I guess it still surprises me that Pystar includes the blu-ray option. You can burn blu-ray with toast bd but can't watch a bd movie?! Anyone else think this is funny?

-C
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Old December 22nd, 2008, 12:18 AM   #12
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EULA's are pretty thin ice. basically not very enforceable and have come under a lot of legal challenge the last few years.

that said, you can put anything you want into a EULA, but that doesn't mean its legal, or will stand up to challenge in court. so without going to trial on a clause like that, it means nothing. then again, the entire EULA could basically be tossed out, and apple knows it.

there are numerous rulings about 3rd parties writing software to run on closed hardware which is ok, starting back with activision and the atari 2600. this would basically be the reverse - using open hardware to run closed software. my bet is courts would rule the same way, that you can indeed run software on the hardware of your choosing, perhaps to the point of making it illegal to lock software to a particular vendors hardware brand ( anti trust and consumer protection laws for starters ).

so apple fearing this ruling in open court would go to arbitration to basically pay them off to go away... or not. seems like there is some vested interest and money behind pystart to break this open.
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