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Psystar hires attorneys who've faced Apple before - Page 3

post #81 of 89
Quote:
Originally Posted by matt_s View Post

Yes that's all fine and dandy but this case is not about copyright or about EULA. It's about exclusionary tying and anti-trust. Let's discuss the merits of the case, rather than a history of other cases which will have no bearing here.

A case about copyright infringement has nothing to do with copyright?

A case about violation of the EULA (breach of contract) has nothing to do with EULAs?

The merits of Apple's case against Psystar IS all about copyright, trademark and EULAs and they are going to hammer phystar under with it.
post #82 of 89
Quote:
Originally Posted by matt_s View Post

However, wading through your personal attacks to search through & distill the rest of your post delivers a few good points, one put eloquently. These probably would have been much more dramatic if you had abandoned the attack on me, and just stuck to the case.

Perhaps if you had not started this discussion with a personal attack on TBell folks would be more inclined to take your call for civility with more credence.

Quote:
The courts could also say that Apple's EULA is illegal and therefore, invalid. Again, just because a EULA says that up is down does not make it so.

I thought you believed this case has nothing to do with EULAs?

In any case, given the case history and past rulings of the 9th circuit (that you ignored) this seems highly unlikely. Enough that wagering 4 figures on it does not seem a high risk activity.

Quote:
Again, I think there's a chance that Apple may be putting themselves at risk by marching this into court.

There appears little risk given past 9th circuit rulings that the district court will use as precedence.

Quote:
There are a number of legal experts who consider the locking of OS X to specific hardware strategy that Apple deploys to be a tying of one product to another in blatant violation of Federal anti-trust statutes. They may have a strong point; again, it will need to be determined and resolved in court.

Too bad this has nothing to do with the current case. I doubt that this can be used as an affirmative defense for copyright infringement, trademark violation and breach of contract. IANAL and neither are you. Show where this has EVER been sucessfully used as a defense and we might consider this as relevant.

Quote:
My experience tells me that such a remarkably high powered law firm would not have taken this case on - considering the short pockets of Pystar & the deep, billion dollar pockets of Apple - if they didn't think an anti-trust tying lawsuit might have a $500 to $750 million dollar chance at success. A big time PR campaign pitting David vs Goliath will be a big part of this court case.

What experience would that be? I note that SCO had a remarkably high powered law firm as well. And lost horribly.

Quote:
It will be interesting to watch this case mature and work it's way through the legal system. Apple will not be able to stifle the news emanating out of the courtroom, as they like to do with most of their super, top secret sauces & projects. This has the potential to give them a very public, world-stage black eye that could impact iPhone, iPod and iTunes marketability. I truly hope it doesn't come to that but I can envision such a disaster happening with a few missteps here and there.

Right. FUD. You might claim to favor Apple but thus far all you've written is unsubstantiated FUD. Apple is not part of the Illuminatus and cannot stifle negative press.

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Do I perceive a certain outcome? No, of course not. There are too many variables ahead. Even for copyright infringement. Anyone who claims that this or that will definitely happen in a court of law is a fool and not to be trusted.

Do I want a certain outcome? I want justice to prevail. Don't you?

Yes, you do want a certain outcome despite your protests and it has nothing to do with justice but your own personal worldview.
post #83 of 89
Quote:
Originally Posted by vinea View Post

Yes, you do want a certain outcome despite your protests and it has nothing to do with justice but your own personal worldview.

So, why do you want polar bears to just lay down and die?

And why are you so pro-grinding puppies up for fuel slurry?

And, lastly, how come you support ocean draining for suburban salt water pools?

Kinda strange, eh? Weird to have words put in your mouth, huh? Not to mention how unsanitary that is

Since you already know what I want, would you kindly tell me what movie I'm off to see Saturday night?
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post #84 of 89
Quote:
Originally Posted by matt_s View Post

I haven't outlined any specific way, all I've noted was that we'll see what happens when it gets into a courtroom. I've written this phrase a half a dozen times. As far as I can tell, my "rose colored glasses" are not in play here (nor do I own a pair, mine are very dark green, polarized for trout stream flyfishing).

Perhaps you're imagining that because I'm not fawning, gushing and throwing myself all over Apple, I must be rooting for Pystar, and this is simply not true. I earlier wrote that personally, I thought what Pystar was doing was unethical.

.....

Do I want a certain outcome? I want justice to prevail. Don't you?

Go back and reread the post that I responded to. In that post you stated that because a person could follow a cookbook set of instructions and create a FrankInTosh Apple had no case against Psystar. I was calling bull. And I was saying that if you really thought that would be a valid argument you are seeing the world through rose colored glasses. The instructions you gave in that post are completely irrelevant and will have absolutely no bearing in this case.

No, you do want a certain outcome in this case. You want, and are rooting for the exclusivity clause to be overruled. I have no idea if this clause will survive or not. But I do know that if it is overturned the MacInTosh community will no longer be the same.

One thing that about this and other threads is why no discussion on who is backing Psystar. Especially when there are several large companies and one well known individual who have publicly stated that they would like to make Mac clones. Over throwing the EULA exclusivity clause would be a must needed step for these people. Come on conspiracy theorists.
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post #85 of 89
Quote:
Originally Posted by aresee View Post


One thing that about this and other threads is why no discussion on who is backing Psystar. Especially when there are several large companies and one well known individual who have publicly stated that they would like to make Mac clones. Over throwing the EULA exclusivity clause would be a must needed step for these people. Come on conspiracy theorists.

That was mentioned in at least one thread, but it didn't get a lot of play. Perhaps because at this point it's only speculation that there is someone in the background pulling the strings of Psystar. We all know that there are plenty of individuals with visions of grandeur, that think they can take on the world, with impunity. People violate the law everyday, our courts are crowded. Until I see otherwise, that's what I think is going on, although I have no inside info on the matter.
post #86 of 89
Quote:
Originally Posted by PQKelly View Post

Here's from Apple's EULA for Mac OS 10.5:

2. Permitted License Uses and Restrictions.
A. Single Use. 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. This License does not allow the Apple Software to exist on more
than one computer at a time, and you may not make the Apple Software available over a network where it
could be used by multiple computers at the same time.


It seems that Apple may have let Psystar sell enough rope to hang itself. By letting the company sell enough computers to bankrupt it if they lose the case, Apple has solved the problem in a permanent way.
Apple's waiting seems very logical now.


if thats Apple's defence then they are screwed!!

Apple labelled = sticker??

remember all Pystar punters legally bought a copy of OSX
post #87 of 89
Quote:
Originally Posted by Leonard View Post

True Alienware's computers aren't crap, but then they aren't cheap PCs either, like Psystar's "cheap crap".

As for Psystar winning this, that's not likely.



Come back when you have something stolen from you that pays for your livelyhood and your yelling "thief". These guys are thieves. Just like the people that sell cheap knock-offs of Levi Jeans, Ray-Bans, iPods, etc...



what has been stolen??
post #88 of 89
Quote:
Originally Posted by matt_s View Post

Kinda strange, eh? Weird to have words put in your mouth, huh? Not to mention how unsanitary that is

Since you already know what I want, would you kindly tell me what movie I'm off to see Saturday night?

How about just answering the really simple questions above? No?

Then yes, by your actions you aren't looking for justice but have some axe to grind.
post #89 of 89
Quote:
Originally Posted by Archipellago View Post

remember all Pystar punters legally bought a copy of OSX

But that copy was an upgrade disc for Mac owners and was not used to install the OS. That was done by Psystar downloading an illegally copied, hacked copy of OS X that is not only considered as software piracy but also a non-owner altering of the OS'es IP.
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