Psystar Files Notice of Appeal in a Last Ditch Effort to Legalize Hackintoshes
I'm guessing that about half of our readership scanned over the headline and rolled their eyes, and the other half did a fist pump for the underdog. Psystar has tried pretty much everything to try and keep itself a float in its legal battle against Apple, and it seems determined to keep its name in the headlines just a bit longer by following through with its threat to file an official appeal.
For those that haven't been following the developments, U.S. District Judge William Alsup recently handed down a permanent injunction against Psystar after a drawn out 17 month legal struggle to prevent the sale of any future hackintoshes. Despite the ruiling the defiant startup seems determined to not let the issue go and this time around they are requesting a three member panel of judges from the Ninth Circuit to hear the case. Perhaps they are hoping Apple will get so sick of all the press they will simply pay them off, or maybe these guys really are fighting for the future of Hackintoshes.
Either way, do you think Psystar stands a chance?
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paschal
January 18, 2010 at 3:47pm
I forgot to mention....Since hardware can be absolutely identical in having a Windows 7 PC sitting on the same desk with a Mac, how green is that???????...oooh the humanity.... LMAO, but true!!!!
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paschal
January 18, 2010 at 3:38pm
I know that you are very proud of of the Mac OS, and really a lot of Windows folks that will not admit it probably like it too.....but they can't afford the overpriced hardware....Just set up a two tier pricing system for the software....charge a three or four hundred per cent premium for a windows PC and keep the price low for genuine apple users....Yeah I know ya get into authentication and all that stuff, but I would pay a premium to have it all in one box, without having to worry about hacks or dongles etc....besides...the price of that dongle, in my opinion is lost revenue to Apple. In addition, Apple should be concerned about Ubuntu and other Linux products closing the gap...to a point that no one gives a Mac crap...Hmm... that's starting to happens with phones is it not?
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Keith E. Whisman
January 17, 2010 at 11:58pm
i think they should try to push the idea that once you purchase something its yours so long as you dont make illegal copies beyound the fair use consumer protection law. i think they can point out that they purchased a hard copy of mac os for each machine and installed each disk to only one machine. if i can purchase the os at best buy then i can do anything i want with it short of copying the disk and selling the copies.i have to say this - screw you apple. if apples case is upheld then you willno longer be legally able to put a hemi in a ford. if the os were part of the hardware then you should not be allowed to purchase the os alone. this is more reason mac should turn into a multi platform os company like ms.perhaps a lawsuit against mac would force this.
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t-unit
January 17, 2010 at 8:20pm
Hey could they argue that Apple is monopolizing the Mac OS market? If so Plystar might have a chance? I really shake my head at this but you know I wouldn't doubt it if Apple goes of the deep end after failing for the nth year against Windows, and goes open-source. I know someone is going to say that I am crazy for saying this but I can almost garrentee that the day Ubuntu surpasses Mac OS will be the day that Apple truely is going to go nuts. Anyway apple might no be around for long if there suite with Nokia goes south.
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JohnMD1022
January 17, 2010 at 5:55pm
1. THe Ninth Circuit is the most overturned Appeals panel in the history of the USA. In one term, 27 of their 29 decisions were overturned. So, I wouldn't place a lot of faith in any decision they reach.
2. EULA is a one-sided contract, in that the consumer never has a chance to read it beforehand. This is a violation of basic contract law, reaching back for centuries. The fact that a number of states have 'legalized' it is irrelevant. Try returning a shrink-wrapped package (opened) to Best Buy for a full refund because you do not accept the EULA. Lotsa luck on that. The courts have held, in other cases, that something packaged like a retail item (e.g., software) is a consumer item, and subject to consumer protection. If it walks like a duck, and talks like a duck it ain't a Cocker Spaniel.
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JohnMD1022
January 17, 2010 at 5:55pm
1. THe Ninth Circuit is the most overturned Appeals panel in the history of the USA. In one term, 27 of their 29 decisions were overturned. So, I wouldn't place a lot of faith in any decision they reach.
2. EULA is a one-sided contract, in that the consumer never has a chance to read it beforehand. This is a violation of basic contract law, reaching back for centuries. The fact that a number of states have 'legalized' it is irrelevant. Try returning a shrink-wrapped package (opened) to Best Buy for a full refund because you do not accept the EULA. Lotsa luck on that. The courts have held, in other cases, that something packaged like a retail item (e.g., software) is a consumer item, and subject to consumer protection. If it walks like a duck, and talks like a duck it ain't a Cocker Spaniel.
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w2ed
January 17, 2010 at 5:10pm
Is pot legal in Florida? If so, did these guys get so much they stoned themselves permanently stupid?
If stupidity is not the reason, I'd guess desperation is - after all, there's a lot of money involved, and I am sure they'll never make up the amount.
Either way, I'd probably have better chances winning the "Mega Millions" Lotto 5 times when it is over $200 Million than these guys do of winning their appeal. They'd have to something substantial to sway me otherwise.
Dumb thought, though: even if they do win, who'd be crazy enough to buy one? Yeah, I can "kinda" understand buying the software that allows OS X to be installed on ordinary PC's, but even if their products stood out from the other ordinary PC's out there, they've already shown through this court case the kind of people they are.
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bikerbub
January 18, 2010 at 4:48am
What do you mean? they just tried to take an idea and run with it. The only thing they have displayed about themselves, is that they are persistent. I think that Apple is being the bully right now, and they just don't want to be proved wrong. I'm sure that these guys also want to try to get their business up and running again, but it's probably personal to them now; the fight against the EULA.
Apple's EULA is stupid, for lack of a better word. Do they seriously think that they can get away with selling an operating system, while it only says on the software itself, that you can only install it on a "Mac approved computer."
The Major draw for Hackintoshes is probably the image and movie editing side of OSX. A lot of amazing editing software is OSX only. People want the software, but don't want to have to pay for a 1200 dollar computer either.
There is no need to personally attack the psystar guys.
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fullur
January 21, 2010 at 7:00pm
"Apple's EULA is stupid, for lack of a better word."
Just because it is stupid does not mean that it is not legally binding. As for those saying "you can't read the contract prior to agreeing to it," that is not true. Every EULA for every major piece of commercial software is available online. I don't like these agreements any more than anyone else, but the fact is they exist and they are binding.
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nekollx
January 22, 2010 at 9:33am
Your assuming 2 things here:
1: people know where the find the EULA online
2: they have a computer before getting the Apple...
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nekollx
January 22, 2010 at 9:31am
Your assuming 2 things here:
1: people know where the find the EULA online
2: they have a computer before getting the Apple...
------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.
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van_helblaze
January 17, 2010 at 4:13pm
I hope that Psystar can win, but I highly doubt that they will.
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Nailer669
January 17, 2010 at 3:29pm
Is it legal? Not according to the license agreement (or whatever you want to call it). Is it cool? Hell yeah! I think Macs are sleek and sexy, but I have no use for a Mac. Everything I need and want to do, I can do it a lot easier on Windows 7. I'd be more likely to use Mac if it were a lot cheaper
I don't see how Psystar can stand a chance against Apple. Unless the Appeals court decides software companies cannot have that much control over their software, Psystar is screwed.
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Digital-Storm
January 17, 2010 at 3:58pm
Id call not allowing others to install Mac OS on their own machine, anti-competetive.
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gendoikari1
January 17, 2010 at 6:22pm
And sending their crack ninja lawyer team after the ones that try to.
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nekollx
January 18, 2010 at 9:04am
How else is your Lawer Ninja going to level up?
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