Psystar - how are they not sued? at DVinfo.net
DV Info Net

Go Back   DV Info Net > Apple / Mac Post Production Solutions > Final Cut Suite
Register FAQ Today's Posts Buyer's Guides

Final Cut Suite
Discussing the editing of all formats with FCS, FCP, FCE

Reply
 
Thread Tools Search this Thread
Old November 25th, 2008, 01:04 AM   #1
Major Player
 
Join Date: Jul 2007
Location: Los Angeles, CA
Posts: 628
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
Christopher Drews is offline   Reply With Quote
Old November 25th, 2008, 01:27 AM   #2
Inner Circle
 
Join Date: Feb 2004
Location: switzerland
Posts: 2,133
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.
Giroud Francois is offline   Reply With Quote
Old November 25th, 2008, 07:11 AM   #3
Regular Crew
 
Join Date: Jun 2008
Location: Cheboygan, Michigan
Posts: 79
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
Tom Cadwalader is offline   Reply With Quote
Old November 25th, 2008, 09:03 AM   #4
Regular Crew
 
Join Date: Oct 2005
Location: Washington, DC
Posts: 85
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....
Geoff Dills is offline   Reply With Quote
Old November 25th, 2008, 10:33 AM   #5
Inner Circle
 
Join Date: Sep 2002
Location: San Mateo, CA
Posts: 3,840
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.
Richard Alvarez is offline   Reply With Quote
Old November 25th, 2008, 12:58 PM   #6
Wrangler
 
Join Date: Dec 2002
Location: Mays Landing, NJ
Posts: 11,787
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
Boyd Ostroff is offline   Reply With Quote
Old November 25th, 2008, 01:20 PM   #7
Inner Circle
 
Join Date: Feb 2004
Location: switzerland
Posts: 2,133
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.
Giroud Francois is offline   Reply With Quote
Old November 25th, 2008, 01:27 PM   #8
Inner Circle
 
Join Date: Sep 2002
Location: San Mateo, CA
Posts: 3,840
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.
Richard Alvarez is offline   Reply With Quote
Old November 25th, 2008, 01:32 PM   #9
Wrangler
 
Join Date: Dec 2002
Location: Mays Landing, NJ
Posts: 11,787
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.
Boyd Ostroff is offline   Reply With Quote
Old November 25th, 2008, 02:29 PM   #10
Inner Circle
 
Join Date: Feb 2004
Location: switzerland
Posts: 2,133
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.
Giroud Francois is offline   Reply With Quote
Old December 21st, 2008, 03:53 AM   #11
Major Player
 
Join Date: Jul 2007
Location: Los Angeles, CA
Posts: 628
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
Christopher Drews is offline   Reply With Quote
Old December 22nd, 2008, 12:18 AM   #12
Trustee
 
Join Date: Apr 2006
Location: United States
Posts: 1,158
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.
Steve Oakley is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

B&H Photo Video
(866) 521-7381
New York, NY USA

Scan Computers Int. Ltd.
+44 0871-472-4747
Bolton, Lancashire UK


DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > Apple / Mac Post Production Solutions > Final Cut Suite


 



All times are GMT -6. The time now is 06:05 PM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2024 The Digital Video Information Network