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#1 |
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Kasper's Automated Slave
Join Date: Nov 1997
Posts: 6,151
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Apple's motion to include Snow Leopard in Psystar case denied
After Apple allegedly changed its mind on whether to include Snow Leopard in an ongoing suit with Psystar, a U.S. District Court judge has denied the Mac maker's request.
In a new ruling issued Thursday, Judge William Alsup denied Apple's motion to re-open the case's discovery period, which has concluded, to include Snow Leopard. Alsup said that Apple "fought hard" to keep Snow Leopard out of the trial at first, only to later change its mind. "Some discovery was permitted on Snow Leopard by Apple, but it was adamant that Snow Leopard was not relevant (due to its status as an unreleased product)," he wrote. But after the discovery period in the trial ended, Psystar sued Apple in a separate case, requesting that the clone Mac maker be granted the ability to buy copies of the new operating system to install on non-sanctioned computers. Psystar requested an injunction in a Florida U.S. District Court, along with damages, due to Apple's "anticompetitive attempts to tie Mac OS X Snow Leopard to its Macintosh line of computers." Alsup hypothesized in his ruling that Apple was caught by surprise by Psystar's separate suit. After Psystar filed its suit, Apple requested, in the California case with Alsup, to re-open discovery and reset the summary judgment timeline, a reverse from its original stance. Such a move would have likely aided Apple in having the Florida case transferred to the California court. But with Alsup's decision Thursday, that will not happen. "If Snow Leopard was within the scope of its own complaint herein, as it now suggests, then Apple should have welcomed discovery theron rather than, as it did, object to discovery directed at Snow Leopard and effectively taking Snow Leopard out of the case," Alsup wrote. "Apple even chose when to release Snow Leopard and it chose to do so after all opportunity to take discovery on it had ended. The problem is largely one of Apple's own making." Trial between Psystar and Apple is set to start in January 2010. Alsup said it would be "too prejudicial and too disruptive to re-open the case on the theory" that the Florida suit could move to California. During the discovery period, Psystar deposed numerous Apple executives for the coming trial. The Florida-based company later accused Phil Schiller, Apple's senior vice president of Worldwide Product Marketing, of being unprepared for his deposition. |
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#2 |
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Registered User
Join Date: Jul 2005
Location: in a strange land, waiting on my King to come and establish His Kingdom!
Posts: 259
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Hip - Hip - Hoorah, for the good guys... and it ain't a fruit....
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#3 |
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Registered User
Join Date: Sep 2009
Location: Bangkok, Thailand
Posts: 42
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Think Apple should work out a deal with these guys. It will boost the Mac market share if they have an affordable Mac line.
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#4 |
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Registered User
Join Date: Jan 2006
Posts: 121
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And thus reward a dirtbag company that exists only because of its parasitic business model? I think NOT.
Pystar didn't win. Apple screwed up on this one, plain and simple. |
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#5 |
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Registered User
Join Date: Nov 2006
Location: Arizona
Posts: 329
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Its not really a win for Pystar, more of a moot point really.
I don't think Pystar are good guys either. They took from the OSX86 community and didn't give back, and continue to do so. OSX86 are the good guys. I would agree that the fruit aren't the good guys, but neither are Pystar. Now, if (and against what many would say here) Apple would open up their OS to be used on any x86/x64 computer, then my tune would change. Till then, no money more of mine will go to support Apple (and same goes for MS, since they lock up their stuff good too, just in different ways)
openSuSe 11.2, 32 and 64 bit, for Mac and PC!
"Shiny capt'n. Everything thing is A-Okay." |
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#6 |
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Registered User
Join Date: Oct 2007
Posts: 245
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Sure. That's just what Apple needs - some unethical, slimy garage shop who can't afford to pay its bills, support its product, or add anything of value associated with the Apple name. That would do wonders to increase Apple's profits.
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#7 |
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Registered User
Join Date: Jan 2006
Posts: 121
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#8 |
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Registered User
Join Date: Feb 2007
Posts: 308
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#9 |
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Registered User
Join Date: Jun 2009
Location: Alpharetta, GA
Posts: 54
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Was there ever a movement to get System 7 or OS 8 or OS 9 off of Apple hardware to any computer? If not, why is OS X so different?
Furthermore, this has always been Apple's business model. I don't know why some people just can't accept that. |
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#10 | |
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Registered User
Join Date: Nov 2006
Location: Arizona
Posts: 329
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Quote:
http://pearpc.sourceforge.net/ Emulators, yes... but it does run on X86 hardware. The main reason 6-10.3 wasn't an issue was because back then, Macs were totally different computers: The PowerPC/G3-5 chips and 680x0 chips were not compatable with x86 calls. Now, Macs ARE PCs, every last bit of them, same things HP and Dell and Acer and such are selling. Because the OS is written for the same processors and chipsets as a standard PC, that is why people are doing this. EDIT: I think I didn't understand you. I think you meant: "Was there ever a movement to get System 7-9 off of an Apple computer BY APPLE" To that I reply: http://www.everymac.com/systems/powe...ac-clones.html So, yes, they weren't Apple hardware.
openSuSe 11.2, 32 and 64 bit, for Mac and PC!
"Shiny capt'n. Everything thing is A-Okay." Last edited by camroidv27; 09-24-2009 at 05:32 PM.. Reason: Syntax Error |
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#11 | |
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Registered User
Join Date: Oct 2004
Posts: 62
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Quote:
If by 'work out a deal' you mean license the use of OS X to Pystar... that would boost OS X market share but hurt Mac sales, which is where Apple makes their real money. Their software division exists primarily to drive hardware sales; they would lose money doing this. It would also probably hurt the general perception of OS X, as Apple would then be legitimately responsible for making sure OS X works properly on third party hardware that is built to a budget. Either way that makes zero sense. |
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#12 |
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Registered User
Join Date: Nov 2001
Location: England
Posts: 1,085
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#13 |
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Registered User
Join Date: Oct 2007
Posts: 355
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Earlier Apple OS's were coded for PPC chips. Even though OSX has it's roots based on x86, it wasn't until OS10.3 that Apple included the X86 codes to run on Intel chips. But there was always a group of hobbyist that entertained themselves by trying to get a Mac OS on a PC. OS10.3 just made it so easy that you no longer need to be a hobbyist to want to do it.
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#14 |
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Registered User
Join Date: Oct 2004
Posts: 62
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I wouldn't be too surprised to see Apple lose this case, actually. I am not so sure about the argument that Pystar is actually breaking the law. An EULA is not the same as a contract, after all, and tends to be less enforceable. If they do lose, Apple will probably just step up their efforts to lock OS X to Macs, possibly by adding some sort of hardware authentication chip to their computers.
At the very worst, they could be forced to *gasp* compete with Pystar on low-priced hardware, and I think we can all guess who would come out on top there. |
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#15 |
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Registered User
Join Date: Jun 2009
Location: Alpharetta, GA
Posts: 54
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I understand that Apple allowed clones for a period of years, but they were just as expensive as Apple hardware... (not during any of the Jobs years).
So, people hate that Apple uses some proprietary hardware and now that they don't, people hate them because they tie their hardware to their software. They are not Microsoft and are out to write an operating system that works with all PC's and hardware. Almost a specific purpose OS whereas Windows, Linux, etc are general purpose OS. I am pretty sure if they open it up to any craptastic PC, they will run into driver issues and viruses, the same as Windows and then there would be no real reason to use it over Windows especially now that Windows 7 is a pretty damn good OS. |
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#16 | |
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Registered User
Join Date: Nov 2004
Location: Northwest
Posts: 2,695
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Quote:
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#17 |
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Registered User
Join Date: Nov 2004
Location: Northwest
Posts: 2,695
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#18 |
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Registered User
Join Date: Apr 2006
Location: Seattle, WA
Posts: 47
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The judge is an idiot. Snow Leopard was excluded from the discovery period because it was an unreleased version of Mac OS X that Pystar was NOT shipping. There was nothing to discover.
Previously, for every version of OS X that Pystar has shipped, Apple has amended its complaint to include that version without issue. Now that the discovery period is over, Apple is not allowed to add Snow Leopard to that list? Snow Leopard doesnt count as "Mac OS" or "Mac OS X" as are also is listed in the complaint? Pystar also tried to claim that Snow Leopard wasnt copyrighted, and thus fail to understand even the most basic sense of the law. So now we have duplicate trials in two different states. What a wonderful use of tax dollars, brilliant. |
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#19 | |
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Registered User
Join Date: Nov 2006
Location: Arizona
Posts: 329
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Quote:
Now, since Apple uses the SAME parts as the other PC vendors, I don't feel they are worth the higher price, which is why I won't buy from them any more. If they open it up to any PC (careful about craptastic, because Apple hardware is the same hardware as the "craptastic" PCs!) then yes, you will have driver issues. I am fine with that. Have the different hardware companies write their own drivers... like they already do for OS X. Apple doesn't have to support any hardware, but I feel they are wrong in cutting hardware off that is identical to their own. Viruses will only become an issue if the Mac becomes more of a lead in the business area, where it isn't. I'd like to see more Macs out there, but only if Apple gets its head out of its ... mud pile in the backyard.
openSuSe 11.2, 32 and 64 bit, for Mac and PC!
"Shiny capt'n. Everything thing is A-Okay." |
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#20 | |
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Registered User
Join Date: Oct 2004
Posts: 62
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Quote:
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#21 |
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Registered User
Join Date: Nov 2006
Location: Arizona
Posts: 329
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But its the company that wrote the horribly constrictive and anti-competitive EULA that is bad to begin with. That EULA should be thrown out! OSX86 isn't stealing their software. They never have, never will, and never condone such actions (look at their boards!).
openSuSe 11.2, 32 and 64 bit, for Mac and PC!
"Shiny capt'n. Everything thing is A-Okay." |
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#22 |
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Registered User
Join Date: Aug 2007
Posts: 594
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Apple is the inventor and that makes them the "good guys" by default.
Florida stands to make a bundle from this case. Apple should have released Snow Leopard before it was ready--not. |
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#23 | |
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Registered User
Join Date: Nov 2006
Location: Arizona
Posts: 329
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Quote:
But they aren't doing that yet... and I don't know why! If they had some special hardware that increased performance, but they had the patent to so no one else could replicate, then I'd consider an Apple again.
openSuSe 11.2, 32 and 64 bit, for Mac and PC!
"Shiny capt'n. Everything thing is A-Okay." |
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#24 |
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Registered User
Join Date: Jun 2009
Location: Alpharetta, GA
Posts: 54
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When Apple decided to switch to the Intel CPU platform... did they not see this coming? Surely, they had more foresight than this.
I was one of those that didn't buy a Mac until the switch because I wanted a laptop and I had always heard that the G3/G4 laptops were underpowered compared to Intel x86 equivalent laptops and that is one of the reasons Apple made the switch. But I also understand and accept their business model. |
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#25 |
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Registered User
Join Date: Apr 2007
Location: Chicago
Posts: 79
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Weird headline
I was initially confused by this headline. I thought it said,
"Apple's Motion to include Snow Leopard in a Psystar case, denied!" My initial irrational thought was, " There's a rumor that Motion is now going to be sold bundled with the OS loaded on a clone box, and it's been proven false? No big surprise! Who comes up with these rumors?" |
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#26 | |
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Registered User
Join Date: Feb 2007
Posts: 186
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Quote:
Apple could have avoided this whole THING by calling every copy of OSX an "upgrade" that is only valid with preexisting OSX, which all Macs were born with. But.... TMK..... they neglected to do that. Psystar noticed and pounced before Apple wised up. At this point Apple would love to make OSX "upgrade only" as I just mentioned but AAPL is evidently horrified that Psystar would howl and maybe even win an antitrust settlement against Apple, in that scenario. Still, it may be the best option to make OSX upgrade-only. That would shut down Psystar. It would be obvious they had no source of OSX licenses for their machines. As it stands now, the murky issue is that Psystar claims they ARE buying legit OSX licenses... and in my view they're right... Apple could have sealed this up tight... but they screwed up. At the very least this is serious bother... at worst, it's going to turn into a nightmare. |
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#27 | |
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Registered User
Join Date: Nov 2007
Location: Second star to the right
Posts: 595
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Quote:
Apple's contention was always that the real speed came from the considerably shorter "data pipe" that the G3/G4 PPC chips used more than made up the difference. But this argument has been bandied about for a long, long time. But, then again, having some experience in developing 3rd party accelerator boards, I tend to believe Apple's position in that argument.
Pity the agnostic dyslectic. They spend all their time contemplating the existence of dog.
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#28 | |
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Registered User
Join Date: Feb 2009
Location: Somewhere in the Cheese
Posts: 456
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Quote:
The only thing they are arguing here is that a *business* cannot make money off of their backs by doing this hackintosh crap and re-selling the OS as their own. It's not about controlling what people do with their stuff at all, it's about stopping a fly-by-night business from ripping off Apple's IP.
It was a widely held belief by the smartest people in late 1400's Europe that human knowledge and indeed civilisation itself, had advanced to such a nearly complete and perfect state, that the "end times" were certainly almost upon them.
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#29 | |
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Registered User
Join Date: Jan 2005
Posts: 261
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Quote:
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#30 |
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Registered User
Join Date: Mar 2009
Posts: 18
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#31 | |
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Registered User
Join Date: Nov 2001
Posts: 2,070
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Quote:
Link: http://www.engadget.com/2009/09/24/v...le-transferri/ Did Apple revise the EULA to specifically exclude Intel and perhaps nobody spotted it? And if Apple doesn't actively pursue Intel for their blatant disregard of the EULA then why the double standard with Psystar? Dave
Thank you for a funky time, call me up whenever you wanna grind...
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#32 | |
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Registered User
Join Date: Apr 2006
Location: NY
Posts: 186
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Quote:
If Apple were to lose, or, more importantly, forced to sell copies of their OS as non-upgrades, much like Windows, we would be free to install it on hardware we already probably own. I do not support Psystar, but I am interested in copies of OS X that I could install on hardware I build. It would be easier to get my family interested in OS X than to convince them to spend so much on an iMac. Forget about a MacPro. My point is, I wouldn't mind seeing a full license version of OS X for $299 or so, rather than "Upgrade" versions. I do not, however, like the idea of stealing someone's IP. With that said, how else could change happen other than company X challenging Apple's EULA? |
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#33 | ||
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Registered User
Join Date: Mar 2009
Posts: 18
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Quote:
Quote:
Let's look at it a different way: Suppose that Ferrari was selling replacement engines with a contract that specified that they would only be installed in Ferrari branded automobiles. Does that mean that I should be able to go out, buy the engines, and install them in tarted up Kias that I sell for profit? Should I be able to buy the engines under that contract, disregard the terms of the contract, and then sue Ferrari? Really, that's what we're talking about here. |
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#34 |
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Registered User
Join Date: Nov 2008
Posts: 2,056
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It makes no difference. It's a technicality. Things will get sorted out at the trial, at which time Psystar will lose. I'd love to see them try to come up with payment of costs, never mind any damages.
(Formerly LTD on Neowin.net) (currently *LTD* on Macrumors.com)
Mac OS users have made a conscious technology choice and are therefore typically better informed than their peers. -- Paul Thurrott, winsupersite.com, December 06, 2004 |
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#35 | |
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Registered User
Join Date: Nov 2008
Posts: 2,056
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Quote:
So in other words, people like you, not only look for excuses to circumvent Apple's IP rights (or have other companies do it for you), but also want to compromise (perhaps unwittingly) MY computing experience in the process. Compromise OS X and the whole reason for using Macs just because YOU and those like you want to be cheap? Hell no.
(Formerly LTD on Neowin.net) (currently *LTD* on Macrumors.com)
Mac OS users have made a conscious technology choice and are therefore typically better informed than their peers. -- Paul Thurrott, winsupersite.com, December 06, 2004 |
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#36 | |
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Registered User
Join Date: Jul 2005
Location: in a strange land, waiting on my King to come and establish His Kingdom!
Posts: 259
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Quote:
![]() It is not like Psystar is not paying Apple the full retail price for the copies of OS X, they are. They are paying what Apple has established OS X to be worth. Oh I can hear you say that Apple defrays the cost of OS X in the selling price of the hardware. If that is the case, then Apple is just gouging customers for something that was paid for when they bought the equipment, they should just give all OS X versions away to everyone that owns a Mac. Of course that whole argument is ridiculous because Apple charges what OS X is worth in order to cover the cost of development. Ah but is an upgrade you say, not a full release of an operating system. That argument is bs as well since you can install 10.6, using the retail disk, on an Intel Mac without a prior copy of OS X being in place. If this is the argument, then it is a purely semantic one that leads back to greed on Apple's part.
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#37 | |
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Registered User
Join Date: Mar 2009
Posts: 130
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Quote:
As for cheap hardware the old adage of getting what you pay for applies. Part of the stability of MacOS X is dependent on a limited set of hardware. Getting it to run on Frankenstein computer is one think but to keep it stable is another issue. |
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#38 | |
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Registered User
Join Date: May 2008
Posts: 333
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Quote:
This is simple. Apple chooses to sell the full OS ONLY with the hardware in a bundled package. You buy upgrade disks. You only buy a full licence with the actual mac itself. You NEVER pay for OS X in a disk form. That is Apple's choice - Greed or not, they are a business and have that right. You have the choice to purchase or not purchase. Just because you don't like their business practices doesn't make stealing from them right. Semantic? No. Its plain. You can't buy a CD licence of Mac OS X. You can only buy an upgrade licence only. That does not allow installation on a device that it wasn't previously installed on in an earlier version. If you only buy an upgrade, you are ONLY buying the upgrade licence. That is not a full licence. You don't like it? Don't buy it. Don't steal and then whine that you didn't get it available in the way you liked. |
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#39 | ||
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Registered User
Join Date: Feb 2007
Posts: 186
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Quote:
In your opinion. That's nice, for what it is. Quote:
As it is now, there are still some copies of OS X floating about. Those... in my opinion... make any machine a legitimate, fully paid-for OS X client. Which can be sold, if you wish, as a used computer. |
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#40 |
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Registered User
Join Date: Jan 2008
Location: USA
Posts: 1,066
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I can't help it but to think that Apple intentionally did that. Wouldn't the Florida case be dismissed if Psystar lose the California case because they are both based on the same reasoning and logic?
Nasser
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