Psystar sues Apple for Snow Leopard; "exploding" iPhones

Posted:
in General Discussion edited January 2014
Clone Mac maker Psystar filed a new lawsuit this week to sell systems with Snow Leopard; Apple reveals the real cause of "exploding" iPhones; and AT&T will require all smartphone customers to have data plans.



Psystar wants to sell Snow Leopard



Florida-based Psystar is hoping to bring Apple's latest operating system to its line of knock-off Macs. In a complaint filed in a Florida court Thursday, Psystar seeks an injunction and damages due to Apple's "anticompetitive attempts to tie Mac OS X Snow Leopard to its Macintosh line of computers."



The filing claims that Psystar is entitled to be able to buy copies of Snow Leopard on the market and install them onto its own computers that it re-sells. The suit alleges that the company is already capable of installing the new operating system on its hardware.



"The Psystar computers that run Mac OS X Snow Leopard are able to do so by running software, written by Psystar, that interfaces with the open-source portion of Mac OS X Snow Leopard," the filing reads. "The manner in which Psystar computers run Mac OS X Snow Leopard is entirely different from the manner in which Psystar computers run Mac OS X Leopard."



The company asks for a court to grant an injunction requiring Apple to cease tying Snow Leopard only to official Mac computers. It also asserts that the company is entitled to a court injunction preventing Apple from blocking Psystar from selling computers with Snow Leopard.



Recently, the Florida company deposed Apple executive Phil Schiller, only to suggest he was unprepared during attorney questioning. Psystar's deposition of numerous Apple executives was part of a lawsuit filed by the official Mac maker. That trial is set to begin in California in January of 2010.



Apple: iPhones cracked from outside pressure



Denying reports from Europe that faulty batteries caused "explosive" iPhones, Apple Friday said that cracked devices turned in by French customers had damage done from an outside force.



Bloomberg reports that an Apple spokesperson said that pressure was applied to the phones to make them crack in all cases investigated. Battery overheating reportedly did not cause any of the issues.



Earlier this month, Apple began an investigation into the allegations of explosive iPhones. That review began after the European Union's consumer safety division took notice of various complaints and media reports.



The incidents gained notoriety after a British family sought a refund for an iPod touch that they claimed exploded after it was dropped. Apple reportedly responded by asking the company to keep the terms of any agreement confidential.



Required data plan to extend to all AT&T smartphones



Starting Sept. 6, all customers who buy a smartphone from AT&T will be required to have an accompanying data plan -- a demand that U.S. Apple iPhone users have always had.



While the requirement will stand for new customers, those who already own a smartphone without a data plan will not be required to make the upgrade. However, the new rule will apply to those who wish to extend or make changes to their contract.



"Smartphone users tend to consume a higher amount of data services, like advanced e-mail, mobile Web, applications and more," an AT&T press release stated. "Being able to take full advantage of these features without having to worry about a fluctuating or unusually high bill generally leads to greater customer satisfaction, so effective Sept. 6, smartphone customers will need to subscribe to a data plan, as the vast majority of customers already do."



All U.S. iPhone subscribers must have a $30 data plan. The one-sized-fits-all subscription is a mandatory part of customers' two-year contract opened with AT&T when an iPhone is purchased.
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Comments

  • Reply 1 of 192
    [Deleted]
  • Reply 2 of 192
    It's ALL data anyhow, so just make smart phones DATA ONLY PLANS. Voice is JUST DATA.



    This would open the floodgates to SIP VoIP and more consumer choices. Of course AT&T the dinosaur that it is, would fight this tooth and nail since they don't know how to adapt to the new reality...
  • Reply 3 of 192
    I wonder if September 6th is when AT&T will be online with MMS...
  • Reply 4 of 192
    I was hoping they would announce MMS at the Sept 9th event, but I guess the 6th makes just as much sense. Either way I hope it's soon. \
  • Reply 5 of 192
    Fake Steve needs to send in 'Moishe' to take out these Psystar nuisances!
  • Reply 6 of 192
    Quote:
    Originally Posted by libertyforall View Post


    It's ALL data anyhow, so just make smart phones DATA ONLY PLANS. Voice is JUST DATA.



    This would open the floodgates to SIP VoIP and more consumer choices. Of course AT&T the dinosaur that it is, would fight this tooth and nail since they don't know how to adapt to the new reality...



    It?s all packets of data, but it?s more complex than that. Voice requires a different infrastructure than just simple internet data, different protocols and QoS.
  • Reply 7 of 192
    owlowl Posts: 14member
    Psystar's claim is so stupid I don't even want to read it.
  • Reply 8 of 192
    floccusfloccus Posts: 138member
    Dealt with in reverse order...



    I like how ATT is trying to make it seem like this is a benefit to the consumer. "Hey, instead of only charging you for the data you actually use, which may be 0 but you never know.. we're going to charge you a steep flat fee just in case.. for your benefit of course". This is the type of crap that the FCC should be looking into. If I don't want to use my smartphone over the carriers data network and stick with WiFi when its available, that should be my choice.



    The initial request for the family in Britain to keep the agreement confidential was most likely so that Apple could have time to figure out if there was a potential problem and initiate the appropriate response without having their brand unnecessarily harmed in the mean time. Sometimes units are defective, sometimes they're exposed to extreme forces, and sometimes they have a design/component flaw. Those things take time to figure out and I think Apple has so far been decent about how it's probably handling the whole situation.



    So, Psystar already knows how to install Snow Leopard on their clones, even though it just came out? Either they're really good programmers, or they've been using potentially illegal pre-release copies or at best developer betas, which I believe still carry the same restrictions for what you can and cannot install it on. Either way, the injunctions sought in this recent filing probably won't be allowed until its seen whether or not their current business model/Apple's EULA are legal.
  • Reply 9 of 192
    nasseraenasserae Posts: 3,152member
    Quote:
    Originally Posted by AppleInsider View Post


    "The Psystar computers that run Mac OS X Snow Leopard are able to do so by running software, written by Psystar, that interfaces with the open-source portion of Mac OS X Snow Leopard," the filing reads. "The manner in which Psystar computers run Mac OS X Snow Leopard is entirely different from the manner in which Psystar computers run Mac OS X Leopard."



    The company asks for a court to grant an injunction requiring Apple to cease tying Snow Leopard only to official Mac computers. It also asserts that the company is entitled to a court injunction preventing Apple from blocking Psystar from selling computers with Snow Leopard.



    Like Mac OS EULA stopped them from selling their Mac clones before
  • Reply 10 of 192
    mstonemstone Posts: 11,510member
    Quote:
    Originally Posted by libertyforall View Post


    It's ALL data anyhow, so just make smart phones DATA ONLY PLANS. Voice is JUST DATA.



    Voice takes priority when bandwidth is compromised.
  • Reply 11 of 192
    jeffdmjeffdm Posts: 12,946member
    Quote:
    Originally Posted by libertyforall View Post


    It's ALL data anyhow, so just make smart phones DATA ONLY PLANS. Voice is JUST DATA.



    This would open the floodgates to SIP VoIP and more consumer choices. Of course AT&T the dinosaur that it is, would fight this tooth and nail since they don't know how to adapt to the new reality...



    There are back end issues, and I think economic issues (cost of infrastructure and share holders wanting a certain profit margin) would mean that I doubt that calling it all data is going to change things. You're probably not going to get a $30 3G everything plan, it would become a $80 data plan.
  • Reply 12 of 192
    wigginwiggin Posts: 2,265member
    Quote:
    Originally Posted by floccus View Post


    I like how ATT is trying to make it seem like this is a benefit to the consumer. "Hey, instead of only charging you for the data you actually use, which may be 0 but you never know.. we're going to charge you a steep flat fee just in case.. for your benefit of course".



    That was my first thought, too. I'm sure glad we have ATT looking out for our best interests. The very fact that someone at ATT actually thought that was a way to justify it disturbs me. They would have been better off just not saying anything at all.
  • Reply 13 of 192
    mstonemstone Posts: 11,510member
    Quote:
    Originally Posted by Wiggin View Post


    That was my first thought, too. I'm sure glad we have ATT looking out for our best interests. The very fact that someone at ATT actually thought that was a way to justify it disturbs me. They would have been better off just not saying anything at all.



    At least it lets iPhone owners feel that the rules are fair, now that everyone has to have a data plan. I mean what is the reason to have a smart phone without a data plan anyway?
  • Reply 14 of 192
    bwikbwik Posts: 555member
    At least Psystar is being very clear about their claim. They have every right to raise the issue in court. We will see what the judge says. The judge may not actually be an Apple fanboi or shareholder, which only goes to suggest he might look at the legal precedents in the computer industry with significant skepticism... of both sides. While it is true that a fanboi would reject these claims, I have heard Judge TP Jackson give a speech after the big Microsoft case. There was a lot of legal substance going on during those years. Some of it may still be unresolved.
  • Reply 15 of 192
    floccusfloccus Posts: 138member
    Quote:
    Originally Posted by mstone View Post


    At least it lets iPhone owners feel that the rules are fair, now that everyone has to have a data plan. I mean what is the reason to have a smart phone without a data plan anyway?



    WiFi connectivity? The ability to store and play media such as videos? Rich games and applications? The ability to carry documents for work? None of those features require cellular data connections.
  • Reply 16 of 192
    mstonemstone Posts: 11,510member
    Quote:
    Originally Posted by floccus View Post


    WiFi connectivity? The ability to store and play media such as videos? Rich games and applications? The ability to carry documents for work? None of those features require cellular data connections.



    I guess some people may only play games and watch movies but I tend to use email, maps, web, weather, stocks, etc. I don't even own 1 game. But that's just me. Which phone did you say you had?
  • Reply 17 of 192
    ronboronbo Posts: 669member
    How many of you are old enough to remember claims of "SUAIs" (sudden unintended acceleration incidents) in Audis? Many years ago (in the 80s, I think) 60 Minutes did a very slanted piece about it, and Audis began going crazy everywhere, running spouses through garage walls, going off into pools... dogs and cats living together... mass hysteria!



    It was such an epidemic, everybody KNEW it had to be real, and the only questions being asked where (1) what causes this dreadful thing where the car suddenly accelerates, usually while the person is stamping on the brake as hard as possible? (2) why is Audi hiding it? and (3) Why can't (or won't) the Department of Transportation get to the bottom of it?



    After a $2 million study (1 or 2 million, I can't remember anymore), it was determined that "pedal misapplication" was the cause. Yep, the dumb buggers had stepped on the gas after all.



    Why does this exploding iPhone thing reek of that?
  • Reply 18 of 192
    cmf2cmf2 Posts: 1,427member
    Quote:
    Originally Posted by bwik View Post


    At least Psystar is being very clear about their claim. They have every right to raise the issue in court. We will see what the judge says. The judge may not actually be an Apple fanboi or shareholder, which only goes to suggest he might look at the legal precedents in the computer industry with significant skepticism... of both sides. While it is true that a fanboi would reject these claims, I have heard Judge TP Jackson give a speech after the big Microsoft case. There was a lot of legal substance going on during those years. Some of it may still be unresolved.



    I can't see how he could rule in favor of Psystar. If Apple didn't offer updates to their operating system, there would be no problem here. It would be simple, if you want a new operating system, buy a new mac. This is basically true for the world of small electronics. There are lots of propriatary operating systems out there that you cannot buy, just look at cell phones. I don't see how Apple should be forced to lose exclusivity because they offer operating system upgrades for their customers, or how they would be more "in the right" if they didn't offer upgrades at all.
  • Reply 19 of 192
    Quote:
    Originally Posted by mstone View Post


    I guess some people may only play games and watch movies but I tend to use email, maps, web, weather, stocks, etc. I don't even own 1 game. But that's just me. Which phone did you say you had?



    That is beside the point. You can do all those things without a cellular data connection. There are plenty of people that want an iPhone because they can combine their iPhone and phone and/or because they have plenty of WiFi in the areas they work in or at home and around town but AT&T doesn?t cover that area and so they don?t want to spend $30/month for 2 years for a service that they aren?t getting in their area.
  • Reply 20 of 192
    Just what IS the problem with this Psystar company? And who the hell is funding them?



    Curious if the path leads back to someone at Microsoft...



    GTSC
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