Apple seeks permanent injunction to prevent Psystar sales

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Comments

  • Reply 61 of 95
    Quote:
    Originally Posted by MacTripper View Post


    This is only a small victory.



    There are several OS X on PC cloners operating openly in various countries with various laws.



    The Germany and UK companies are easily shut down with this decision per the EU's version of the DMCA the Copyright Directive which as fewer outs than the US' DMCA. That would leave Russia. Who in their right mind would by a Russian computer?!



    Quote:
    Originally Posted by MacTripper View Post


    Apple is playing whack a mole and that still doesn't stop the home gamers and covert sales.



    The majority of people doing this are pennywise and pound foolish idiots who don't understand that it isn't just the part going into a mac but how those parts work together that matters.



    Quote:
    Originally Posted by MacTripper View Post


    I guess someone in Cupertino thought it was cheaper to fight the cloners than install a $20 chip in each Mac that OS X needed in order to function.

    .



    That wouldn't stop the pirates--all they have to do is write code that either read what was on that chip or fooled the OS into thinking the chip was there.



    Quote:
    Originally Posted by MacTripper View Post


    Perhaps they thought: "Well if they won't buy a Mac anyway, then they are going to buy a cheap PC with Windows" " So we could gain OS X market share and steal a customer away from Windows, that better than nothing and they might buy a Mac later on"



    Any logic in that?



    Yes there is plenty of logic in that. The main reason Microsoft has so much problem with windows is the insane variety with PC hardware. Apple doesn't want that headache.



    Quote:
    Originally Posted by MacTripper View Post


    Since I'm so close to Pystar, perhaps I'll talk to them about starting a new company using their existing technology and start selling clones too. Sure I will plan to be bankrupt in a few months or years, in Florida they can't take your house or car in a lawsuit.



    Actually they can as there are limit on Florida's homestead exemption.
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  • Reply 62 of 95
    http://digitaldaily.allthingsd.com/2...y-sale-either/



    "Make no mistake, Apple legal is going to grind Psystar into fine silicon dust," Paczkowski reports. "In addition to the injunction, Apple is requesting compensation for legal costs and statutory damages owed under the Copyright Act and the Digital Millennium Copyright Act. And according to Apple?s expert witness, statutory damages for the former should run 'between $1500 and $300,000' and for the latter 'between $449,500 and $4,495,000.'"



    Paczkowski reports, "Suffice it to say, that?s quite a bit more than the current value of Psystar?s assets which, according to its bankruptcy filing, are no more than $50,000."





    Wow. Talk about annihilation.
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  • Reply 63 of 95
    Quote:
    Originally Posted by Rot'nApple View Post


    'Choice and competition', where'd I hear that before? Oh yeah, the government run health care plan. Pass it and we'll have no choice and no competition.



    Wow. That is just breathtakingly stupid. Is up down? Is black white? If someone sells pies, does that mean that nobody will be able to buy pies? That makes as much sense as what you just said.



    Pro tip: they key word in "public option" is "option". Look it up and find out what it means.



    (And if you're afraid that government can provide a more affordable healthcare system to people than profit-minded private insurance companies can, then you must not be much of a capitalist. That's the funniest thing about conservative opposition to public health. Roll up your sleeves and build something better if you don't like it! Nobody's stopping you. And why people seem to think that anyone deserves to profit by withholding healthcare from human beings in need is another question entirely; insurance companies provide no services and only add 30% to every dollar spent on healthcare. What a racket. If the whole industry went bankrupt, good! It should. Wal-mart is always hiring.)



    Oh yeah, and I like my glossy screen. But I have no problem with you having a matte one. Apple is under no obligation to build one for you, though. Sounds like another great opportunity for an eager capitalist... if Apple won't give you what you want, then work very hard, figure out a way to do it yourself, sell it, and get rich! Should be music to any true conservative's ears.
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  • Reply 64 of 95
    Quote:
    Originally Posted by hiimamac View Post


    I think you missing the point that Apple does not make a comuter for the Prosumer at all. The MacBook pro is to out of reach for a lot of musicians and just starting videograhers, yet even the 15 " no longer has the express slot. That's insane. It's like apple taking a step backwards not forwad. The prosumer, enthusiast, gamer does not have a choice when it comes to Apple computers as the iMac is missing certain hardware upgradable slots such as the express slot or it's missing esata support or it's missing really fast graphic cards, thus the request for a headless mac made up with desktop parts.



    I really don't understand the complaint here. Just why would a musician or just starting videographer want a high end Mac like the MacPro when a lower end Mac would serve their needs.



    Garageband makes makes very good music thank you very much and it runs very well on even the current macmini (provided you max out the RAM) and iMovie plus avidemux is likely all that a "just starting" videographer would need. So just why do these people need the kind of speed and power seen in a MacPro?
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  • Reply 65 of 95
    Quote:
    Originally Posted by hiimamac View Post


    Actually I was talking.... (six miles of text goes here)....no more than 3%.





    TYPED ON IPHONE. Apologize for any grammar, spelling mistakes...





    Oh my god, you poor thing.



    You see what Apple has done?



    They got you typing on a phone instead of a real computer keyboard and they are laughing all the way to the bank because your paying about the same price for a MacBook Pro for a device a fraction of it's size and function.



    Jesus will SOMEBODY PLEASE GET A iPHONE APP EMULATOR OUT!!!
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  • Reply 66 of 95
    Quote:
    Originally Posted by hiimamac View Post


    Avid/Digidesing did!!!! They saw people were no longer buying their $$10,000 TDM (processing chips in a card, thus reducing CPU latency which you cannot have in music), and saw computers were getting faster and faster and more core on a single dye were happening, so they purchased M-Audio which relies on the cpu only. In music it's caled native recording vs TDM. In fact, for the mac pro, for those left with the express slot, now only the 17" has it forces yet higher prices on the pro, with an express card, you can purchase something similar that puts all the processing on the card that goes into the express slot.



    There are millions of users waiting. Just take a page from what digidesign did.*

    They would have 20% of the marketshare within a year and to top it off, it would increase the sales of iMacs as business and enterprise started off with these mid range machines. 30% in less than 5 years. Is it really so hard to understand Apple?



    Digidesign had an "LE" solution waaaaay back in Protools 4 with the Toolbox AMIII card. They even had a free native solution at the time with PowerMix.

    That was, if I recall, 1997 or 98...

    People bought and still buy the TDM cards, and I'm sure that they make a bigger profit margin on those than the cheaper LE stuff.

    Apple's game is about making the most money with the least outlay of cash. They haven't been forced to dip into the "LE" part of the PC market much... and hopefully won't have to do so.

    AVID is a small company losing money and employees left and right. Ship's going down for them if they can't change something core in their business soon.
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  • Reply 67 of 95
    Quote:
    Originally Posted by Quadra 610 View Post


    http://digitaldaily.allthingsd.com/2...y-sale-either/



    "Make no mistake, Apple legal is going to grind Psystar into fine silicon dust," Paczkowski reports. "In addition to the injunction, Apple is requesting compensation for legal costs and statutory damages owed under the Copyright Act and the Digital Millennium Copyright Act. And according to Apple?s expert witness, statutory damages for the former should run 'between $1500 and $300,000' and for the latter 'between $449,500 and $4,495,000.'"



    Paczkowski reports, "Suffice it to say, that?s quite a bit more than the current value of Psystar?s assets which, according to its bankruptcy filing, are no more than $50,000."





    Wow. Talk about annihilation.





    Not going to happen. Pystar is broke and even if Apple could touch the owners, they can't touch their house or car in Florida.



    Reading their text on their website gives me the impression they are from India or foreigners of some sort, thus they got money stashed overseas.



    Pystar didn't go into this thing blindly, they knew they were going to get beat.



    It was the free press they got, which they will now take to a country that doesn't give a flying ratt's behind about IP law and set up shop there and the clones will continue, just like it's already occurring in other countries.



    Pystar was testing the market by running rogue in a "in your face Apple" approach, now they got to know what they needed to know and will appear elsewhere, free from Apple's lawyers.



    (Disclaimer: I have no ties to Pystar, nor approve of what they do. My opinion is Apple screwed up by not effectively locking OS X to their hardware straight off and just brought this problem upon themselves by turning Mac's into PC's)
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  • Reply 68 of 95
    piotpiot Posts: 1,346member
    Quote:
    Originally Posted by hiimamac View Post


    I'm betting more than 75% of the people here didn't know back in the mac clone 1980's, .....



    It wasn't the 1980s... it was the mid 90s !



    Quote:

    ....Apple had nearly a 20% marketshare...



    The Mac has NEVER had a 20% share of the PC market.



    Quote:

    ...then stopped that and focused on the Pro but ever since the iPhone, Pros have taken a back seat to iPhone users.



    After the clone 'experiment' ended, Apple sold G3 and G4 towers for another six or seven YEARS. The iPhone has nothing to do with it.



    Note: (BIG note!) You should go and check Apple's financials for that time. Apple used to break down their Mac sales by product. Back in 2003/4 you could buy your " xMac". Upgradeable G4 towers starting at around $1600. Apple only sold about 650K units... out of over 3 Million Macs.



    Today... Mac Pros start at $2499 and Apple will sell nearly 11 Million Macs.



    If you want to make a point get your facts straight, 'Cos your history is shit, and your figures are shit.



    Quote:

    TYPED ON IPHONE. Apologize for any grammar, spelling mistakes.



    All your posts ARE THE SAME. Just use the new copy/paste feature.
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  • Reply 69 of 95
    Quote:
    Originally Posted by Maximara View Post


    Who in their right mind would by a Russian computer?!





    What you mean is who in the United States would buy a Russian computer.



    I'm sure a lot of Russians and nearby countries would be glad to have a low cost computer with great operating system security and ease of use.



    Especially since Russians are known the world over as good hackers of Windows.
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  • Reply 70 of 95
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by Quadra 610 View Post


    They do. They're called Macs.









    Quote:
    Originally Posted by MacTripper View Post


    What you mean is who in the United States would buy a Russian computer.



    As a phone, a lot of people. Have you seen the Droid. I?m quite certain that was developed in Russia during the Cold War.
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  • Reply 71 of 95
    Quote:
    Originally Posted by MacTripper View Post


    It was the free press they got, which they will now take to a country that doesn't give a flying ratt's behind about IP law and set up shop there and the clones will continue, just like it's already occurring in other countries.



    Maybe, but they still could not sell their computers in countries where IP laws are enforced, pretty much everywhere except China. Is anyone manufacturing and selling Mac clones in China today?
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  • Reply 72 of 95
    Quote:
    Originally Posted by piot View Post


    The Mac has NEVER had a 20% share of the PC market.



    I think you're right, but it was fairly close to 20% during the early '90s.
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  • Reply 73 of 95
    piotpiot Posts: 1,346member
    Quote:
    Originally Posted by Dr Millmoss View Post


    I think you're right, but it was fairly close to 20% during the early '90s.



    This is not definitive but I think it's reasonably accurate.



    PC Market Share
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  • Reply 74 of 95
    Quote:
    Originally Posted by Dr Millmoss View Post


    I think you're right, but it was fairly close to 20% during the early '90s.



    Did he mean the Apple or the Macintosh, specifically? If we're talking 1984 and through the 90s we're talking Macintosh.
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  • Reply 75 of 95
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by Quadra 610 View Post


    Did he mean the Apple or the Macintosh, specifically? If we're talking 1984 and through the 90s we're talking Macintosh.



    And that '20%? unit share stat also ignores the fact that Apple could have more marketshare if they choose to have it instead if the usual "Apple has no idea what they are doing and could have more marketshare if they just made a computer to fit my specific needs? mantra.



    The bottom line is that Apple is making more money than they have ever made in PC sales and they are selling more PC units than ever before with a nice healthy growth that is outshining the industry average. Of all the companies we "armchair business managers? should be directing Apple should be the last one, not the first. How can Dell turn their business around? How can Nokia and RiM get out of their old business models to rule their market segments again?
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  • Reply 76 of 95
    Quote:
    Originally Posted by piot View Post


    This is not definitive but I think it's reasonably accurate.



    PC Market Share



    That looks about right, peaking out at 12% in 1992. I seemed to remember 15% but that was a long time ago!



    Quote:
    Originally Posted by Quadra 610 View Post


    Did he mean the Apple or the Macintosh, specifically? If we're talking 1984 and through the 90s we're talking Macintosh.



    Not necessarily, since Apple continued to make the Apple II until 1993.
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  • Reply 77 of 95
    Quote:
    Originally Posted by Dr Millmoss View Post


    Maybe, but they still could not sell their computers in countries where IP laws are enforced, pretty much everywhere except China. Is anyone manufacturing and selling Mac clones in China today?



    Of course there is! The Chinese copy EVERYTHING!



    It's just they have a lot more experience hiding the fact that's all.



    In a lot of Asian countries, in fact most countries of the world, if you want something and got cash, you'll get it. The law be dammed, people are that desperate to make a living.



    It's a rather big shock to Americans and Europeans who travel the world the first time, the rather widespread illegal behavior and the cheap value of human life, but it's reality.



    That's why so many "anti-war" types who lived their life in a safe cocoon of Western type economies, fail to understand what the world is REALLY like.



    Even Obama has turned, learning the truth. 34,000 more troops to Afghanistan to "finish the job".



    I only think serious dilution of the native population is the answer there, perhaps allowing the Indians to move some of their excess population into the country. They seem to be a stable race of humans. Iran is and has been moving it's excess people into Iraq for years now. The Iranian people are pretty stable, it's their government that's mental.
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  • Reply 78 of 95
    Quote:
    Originally Posted by MacTripper View Post


    Of course there is! The Chinese copy EVERYTHING!



    Can you name one?
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  • Reply 79 of 95
    Quote:
    Originally Posted by Quadra 610 View Post


    What? Final Cut *is* the leader.



    According to a 2007 SCRI study, Final Cut made up 49% of the US professional editing market, with Avid at 22%.



    http://tvbeurope.com/index.php?optio...1269&Itemid=46



    http://digitalfilms.wordpress.com/20...vs-avid-redux/



    Apple claims 1.3 million licensed Final Cut users, however, this figure includes all Final Cut Pro, Final Cut Express and Final Cut Studio licenses since day one, excluding upgrades. One research study pointed to 47% market share for Apple and 22% for Avid a couple of years ago. Recently Apple execs indicated to me that FCP has now passed the 50% mark for all new NLE sales. If the figure of 1.3M licensed users represents nearly 50% of the total market, then this means that Avid must have between 400,000 and 600,000 systems (all products) out in the field worldwide.





    Major films edited with Final Cut Pro



    The Rules of Attraction (2002)

    Full Frontal (2002)

    The Ring (2002)

    Cold Mountain (2003) (Academy Award nominee for Best Editing ? Walter Murch)

    Intolerable Cruelty (2003)

    Open Water (2003)

    Napoleon Dynamite (2004)

    The Ladykillers (2004)

    Sky Captain and the World of Tomorrow (2004)

    Super Size Me (2004)

    Corpse Bride (2005)

    Dreamer: Inspired by a True Story (2005)

    Happy Endings (2005)

    Ellie Parker (2005)

    Jarhead (2005)

    Little Manhattan (2005)

    Me and You and Everyone We Know (2005)

    The Ring Two (2005)

    300 (2007)

    Black Snake Moan (2006)

    Letters from Iwo Jima (2006)

    Happy Feet (2006)

    Zodiac (2007)

    The Simpsons Movie (2007)

    No Country for Old Men (2007) (Academy Award nominee for Best Editing ? Roderick Jaynes)

    Reign Over Me (2007)

    Youth Without Youth (2007)

    Balls of Fury (2007)

    The Tracey Fragments (2008)

    Traitor (2008)

    Burn After Reading (2008)

    The X-Files: I Want to Believe (2008)

    The Curious Case of Benjamin Button (2008) (Academy Award nominee for Best Editing ? Kirk Baxter and Angus Wall)

    Where the Wild Things Are (2009)

    A Serious Man (2009)

    Tetro (2009)





    Your kidding right??? The only time I see final cut is when I am visitin NBC or Bravo, etc, and they are using FCP to create bumpers for "coming up next, on Desperate Housewives" - other then that, all rooms at Paramount, Burbank, will be Avid first, FCP second and even then, it has to be running on a mac pro to run flawlessly, and Apple still fears, to this day, the PROSUMER HEADLESS midsize mac that would make them a fortune.



    With regard to your links.



    This is taken from your own link number 2



    Although this would seem to give Apple the lead in the NLE wars, one must understand that the Final Cut world is heavily skewed with a wide range of amateur users ? students, hobbyists and non-editing video professionals who occasionally do some of their own ?hands on? cutting. I think that it?s fair to say that a greater percentage of Avid users are professional editors. It?s my observation that broadcast news and traditional (major studio) film and television show post is dominated by Avid NLEs.



    And the other 10,000 films per year are done on Avid. And the same thing is seen everywhere - if you do a side by side vs, you will get, most low budget, or indie films are FCP whereas a high paying editing job is FCP.



    The point is there is no machine beside the mac pro that can do the job well enough thus )SX86 and Pystar, for $800 you can build your own and it will run circles around the Mac Pro as since you still have the bios, you can over clock the FSB and CPU, then down the road, swith out the chip when a faster new chip comes along.



    The reason we see no MATTE iMac is Apple wants you to buy the Mac Pro, if it were Matte, you would see these in graphic houses as well as smaller studios, With regard to the laptops, now only the 17" can truly be called a PRO machine due the express bus and of course, it makes the 2008/2009 15" express slot Mac Book Pro's worth more.



    This is why Pystar does what it does, there is a market that Apple is ignoring, the Pro Sumer, which end up becoming Pro users. Right now, there is even talk of Shake no longer being updated, so some are saying the PRO market from Apple is dead as all the care about are iphones and ipods, which is probably why 5 years ago, Procare and One to One were combined for $99 and they taught FCP, Logic, Shake, now they teach iLife and how to add an attachment to emails. LAME.



    With regard to FCP vs Avid, go to craigslist or Mandy.com and look for an Avid job vs a FCP job, most FCP jobs are PAYLESS, or offer some sort of pay if the project takes off whereas you will hardly ever see that as an Avid Editor, even assistant Avid Editors make $25-$30 a year.



    Apple needs to get over the fear that if they release a decent machine with good graphics and headless that they will lose PRO SALES, they won't, they will increase in their market share, not decrease.
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  • Reply 80 of 95
    jukesjukes Posts: 213member
    Quote:
    Originally Posted by MacTripper View Post


    I wasn't talking anti-copy like a dongle (which Quark X-Press had when it first came out and was very effective at preventing casual copying by employees), I was talking performance hobbling.



    Say Microsoft tied so much of Windows operations to their proprietary Direct X video cards, it wouldn't run very well or at all on OpenGL video cards. Mac's wouldn't be able to run Windows without licensing Direct X from Microsoft right?



    See where I'm going?



    This doesn't work on many levels.



    First of all, there is a huge installed base of Macintoshes out there. If you tie snow leopard (or 10.7, etc.) too tightly to some new "proprietary hardware" then you lose support for all of these systems. This is _very bad_ in so many ways that Apple would have to release something (software) that would make old systems work, and that software would enable Hackintoshers to use it.



    In fact, this is already happening. Apple is moving towards OpenCL acceleration for the entire OS, and its line of software. This is bad for old systems, so they are putting a huge amount of effort into the LLVM compiler infrastructure which can do link-time optimization of OpenCL code for platforms which don't support OpenCL natively. This in no way impacts the viability of a Hackintosh.



    The second problem is that almost all "performance critical" stuff is done inside the processor, which Apple can't really mess with. Anything external to the processor can be emulated without impacting most of the code that's out there. And anything they chose to do means that they lose the huge benefit of using mass-marketed parts.



    They could have gone with something much more aggressive than the SMC when they switched to x86 (trusted computing hardware keys and such), but they didn't, and it's not clear that it would have been a good long-term decision in any case.
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