Apple, Psystar seek protective order in preparation for trial

2

Comments

  • Reply 21 of 44
    Quote:
    Originally Posted by sflocal View Post




    The court system takes way too long to deal with such nonsense.





    the alternative is kangaroo courts & mob rule. Better justice be a bit slow & right...than swift & wrong.
  • Reply 22 of 44
    Quote:
    Originally Posted by Walter Slocombe View Post


    can't you put him on the "ignore list" ?? I've found it useful, but then s/he gets quoted anyway. perhaps thats "his" goal in life?



    Groovy, thanks and done.



    I looked for it in the control panel and didn't find it which is why I posted. Found it now.
  • Reply 23 of 44
    I find it hard to believe that a small clone maker has the money for a complete trial with discovery, multiple rulings, etc, etc. This has got to cost 100s of thousands of dollars at least. I wonder where the money is coming from for Psystar to pursue this issue.
  • Reply 24 of 44
    Quote:
    Originally Posted by colibri View Post


    I find it hard to believe that a small clone maker has the money for a complete trial with discovery, multiple rulings, etc, etc. This has got to cost 100s of thousands of dollars at least. I wonder where the money is coming from for Psystar to pursue this issue.



    slice away the confusion with Occam's Razor.



    "entia non sunt multiplicanda praeter necessitatem" - to me, there is one clear entity which stands to gain the most from any hardship Apple may experience through this case-> the desperate bunch of wretched bastards known collectively as M$ - with their ancient pre-dot.bomb business model...that...is...slowly...dragging them down into the mire.
  • Reply 25 of 44
    auxioauxio Posts: 2,744member
    Quote:
    Originally Posted by Virgil-TB2 View Post


    [conspiracy theory]



    What if it was Psystar's purpose all along just to get this information so they can leak it? If they reveal this stuff they go to jail for a few months and pay a big fine that they can't afford and won't end up paying anyway. Apple has a much bigger downside though and a leak like that can't be taken back.



    [/conspiracy theory]




    I can't honestly see how this trial would require Apple to show a whole bunch of proprietary source code.



    At most, a few snippets here and there to prove the infringements on IP that Psystar has made. Considering the size of Apple's entire codebase and the breadth of their product lines (which is everchanging), it's not likely to cause any harm even if it did leak.



    Apple likely gives away more code each day through their use of open source software than they'll be showing for the entire trial.
  • Reply 26 of 44
    Quote:
    Originally Posted by auxio View Post


    I can't honestly see how this trial would require Apple to show a whole bunch of proprietary source code.



    At most, a few snippets here and there to prove the infringements on IP that Psystar has made. Considering the size of Apple's entire codebase and the breadth of their product lines (which is everchanging), it's not likely to cause any harm even if it did leak.



    Apple likely gives away more code each day through their use of open source software than they'll be showing for the entire trial.



    You are probably right. I made a bit of a joke out of it to cover my ass, but it was just my first thought that the guys behind Psystar are so obviously untrustworthy and they are the last people you'd want to share any secrets with.



    I had a vision of the Psystar guys in a room with the lawyer and the computer and they pull a USB key out of their pocket ...



    A large part of the case as I understand it hinges on the Psystar claim that the kernel panic is introduced when any non-Apple computer is detected so Apple will have to show the real code and what XNU expects to see from the EFI as it's booting and so forth. I would imagine this info is already known, but I'm not really sure if it is or not.
  • Reply 27 of 44
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by colibri View Post


    I find it hard to believe that a small clone maker has the money for a complete trial with discovery, multiple rulings, etc, etc. This has got to cost 100s of thousands of dollars at least. I wonder where the money is coming from for Psystar to pursue this issue.



    Perhaps Apple is funding Psystar. With the switch to Intel Apple knew that hacking OS X to run on non-Mac PCs was inevitable. Perhaps they also correctly guessed that a company would try to sell clones. Before the situation got out of hand requiring Apple to drastically alter their sales strategy of OS X they decided to secretly back Psystar. With Psystar being the only Mac clone company in the US and there technique for creating Mac clones is clearly illegal they can't win, but setting them up to publically lose hard will not only send a clear message to others, but establish a legal precedence.
  • Reply 28 of 44
    quinneyquinney Posts: 2,528member
    Quote:
    Originally Posted by user_23 View Post


    slice away the confusion with Occam's Razor.



    "entia non sunt multiplicanda praeter necessitatem" - to me, there is one clear entity which stands to gain the most from any hardship Apple may experience through this case-> the desperate bunch of wretched bastards known collectively as M$ - with their ancient pre-dot.bomb business model...that...is...slowly...dragging them down into the mire.



    If Psystar wins, then any reseller could install Mac OS X on macines they sell.

    I don't think Microsoft wants Dell and HP (for examples) to offer Mac OS X machines

    alongside Windows machines. They would suffer greatly with comparison.
  • Reply 29 of 44
    quinneyquinney Posts: 2,528member
    Quote:
    Originally Posted by solipsism View Post


    Perhaps Apple is funding Psystar. With the switch to Intel Apple knew that hacking OS X to run on non-Mac PCs was inevitable. Perhaps they also correctly guessed that a company would try to sell clones. Before the situation got out of hand requiring Apple to drastically alter their sales strategy of OS X they decided to secretly back Psystar. With Psystar being the only Mac clone company in the US and there technique for creating Mac clones is clearly illegal they can't win, but setting them up to publically lose hard will not only send a clear message to others, but establish a legal precedence.



    That is ouragan wacky. Remember that Apple added some John Does to the lawsuit in

    order to try to determine who is funding Psystar. It would sure look silly for the case

    to go to court, and for Apple to determine that Apple is a John Doe Psystar backer.

    Maybe your theory could work if Psystar(read Apple) offers at the last minute to

    capitulate completely out of court.



    Still, I don't believe Apple would want to appear to be bullying (as some people feel)

    a small company, to possibly achieve intimidation through such fakery.
  • Reply 30 of 44
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by quinney View Post


    That is ouragan wacky. Remember that Apple added some John Does to the lawsuit in

    order to try to determine who is funding Psystar. It would sure look silly for the case

    to go to court, and for Apple to determine that Apple is a John Doe Psystar backer.

    Maybe your theory could work if Psystar(read Apple) offers at the last minute to

    capitulate completely out of court.



    Still, I don't believe Apple would want to appear to be bullying (as some people feel)

    a small company, to possibly achieve intimidation through such fakery.



    The John Does is a fleet rouse which they don't have to pursue if they choose not to.



    In all seriousness, I do not believe a woes of why I wrote. I was just having a bit of fun.



    PS: I don't recall Ouragon posting such outrageous things.
  • Reply 31 of 44
    Quote:
    Originally Posted by UTisNUM1 View Post


    I can't see how Psystar has made it this far.



    I can...the justice system in the US is broken and corrupt. Judges can get paid off and people can sue anyone for any reason.
  • Reply 32 of 44
    This whole case is nuts!



    I can't see who Psystar with straight face can be doing this!



    If Apple loses, can they appeal to the Supreme Court?



    Apple MUST figure out who is funding Psystar! Where are the Private Investigators, reports etc. to uncover that Conspiracy?!



    Also, who in their right mind would buy a clone to save a few $$, when for a few $$ more they'll have the REAL Deal, Support etc.?



    Could Apple be ordered to provide Apple Care to Psystar machines, or at least Mac OS?



    Also, Psystar should be ordered NOW to:



    stop selling till this is resolved!



    Put $$$ in Court's Custody equal to the amount of $$ they'd be ordered to pay Apple in event Apple wins! If they don't have that $$, they won't have it later, and thus they have nothing to lose! Thus anyone can sue anyone without a fear of paying up, if they lose?! Sounds like a predatory litigation!



    This whole case is nuts!



    Also, it's a huge TURN OFF to see people fighting with their posts!
  • Reply 33 of 44
    Quote:
    Originally Posted by macologist View Post


    This whole case is nuts!



    I can't see who Psystar with straight face can be doing this!



    If Apple loses, can they appeal to the Supreme Court?



    Apple MUST figure out who is funding Psystar! Where are the Private Investigators, reports etc. to uncover that Conspiracy?!



    Also, who in their right mind would buy a clone to save a few $$, when for a few $$ more they'll have the REAL Deal, Support etc.?



    Could Apple be ordered to provide Apple Care to Psystar machines, or at least Mac OS?



    Also, Psystar should be ordered NOW to:



    stop selling till this is resolved!



    Put $$$ in Court's Custody equal to the amount of $$ they'd be ordered to pay Apple in event Apple wins! If they don't have that $$, they won't have it later, and thus they have nothing to lose! Thus anyone can sue anyone without a fear of paying up, if they lose?! Sounds like a predatory litigation!



    This whole case is nuts!



    Also, it's a huge TURN OFF to see people fighting with their posts!



    apple has to do is offer a real desktop mid tower at $700 $1400 and kill off psystar.



    But they are going the way if you can't compete litigate.
  • Reply 34 of 44
    bongobongo Posts: 158member
    Quote:
    Originally Posted by Joe_the_dragon View Post


    apple has to do is offer a real desktop mid tower at $700 $1400 and kill off psystar.



    Exactly! If Apple was smart they would have kept up on the Mac Mini and wouldn't have opened the door to PsyStar in the first place.



    To macologist:



    Quote:

    who in their right mind would buy a clone to save a few $$, when for a few $$ more they'll have the REAL Deal, Support etc.



    A few $$??? Lets see a 2.8GHZ Quad-Core Intel processor with 8 GB of RAM and a 1TB HD and a video card with 512 MB of RAM costs:



    From PsyStar, $1,798.99

    From Apple, $4,299.00



    So if $2500 dollars is only a few buck to you feel free to send some of that action my way and I'll be happy to pick up a real deal Mac.



    To be fair a lot of that cost difference was in Apple's insane RAM markup. Going down to the Apple minimum of 2 GB of RAM for both boxes still leaves a $1000.00 difference in price between the two in PsyStar's favor.



    Apple left a big hole in their lineup by letting the Mini get so outdated, they've ceded the low-cost market to the pirates.



    I don't need support, I don't care what the box looks like, just give me good performance for a reasonable price and I'll pay some extra for the awesome operating system. Leaving a $1000.00 chasm between you and potential customers just doesn't make a lot of business sense.
  • Reply 35 of 44
    Even if Psystar somehow wins this, it doesn't mean that Apple has to officially support other hardware. It would be up to the OEM's to make the hardware drivers and of course, pay Apple royalties. Psystar would even have to pay royalties to Apple for every Mac they sell. People who buy Apple Computers, would get Apple Care for their Apple computer. If they purchase it from Dell, HP or Psystar, Apple could make it so that they are responsible for Customer Service.
  • Reply 36 of 44
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by bongo View Post


    Apple left a big hole in their lineup by letting the Mini get so outdated, they've ceded the low-cost market to the pirates.



    1) The machines you compared are not even close to identical specs. But I understand that a Mac Pro is much machine for you, a Mac Mini is too little and you just don't want the AIO of an iMac, but that is what Apple wants to sell.



    2) Even if the Mac Mini was updated weekly there would still be "a big hole" as the Mini uses notebook-grade components so the power to cost ratio is going to be higher. This hole is for a machine that is headless that uses desktop-grade parts that is smaller than the Mac Pro and single-socket. Perhaps Apple will feel they'll need to enter this market eventually as a more diverse product line is a logistic necessity as their unit sales increase, but it won't be as cheap as Psystar is selling since Apple will offer services that Psystar and other basement builders can't match. Plus, Apple wont put it in a cheap box with a cheap MoBo with cheap connectors, etc. They will eschew environmentally unfriendly components that Psystar would have no problem using. You mayno tlike it, but that is how it has always been and it doesn't appear to be changing anytime soon.
  • Reply 37 of 44
    Quote:
    Originally Posted by bongo View Post


    Exactly! If Apple was smart they would have kept up on the Mac Mini and wouldn't have opened the door to PsyStar in the first place.



    To macologist:







    A few $$??? Lets see a 2.8GHZ Quad-Core Intel processor with 8 GB of RAM and a 1TB HD and a video card with 512 MB of RAM costs:



    From PsyStar, $1,798.99

    From Apple, $4,299.00



    So if $2500 dollars is only a few buck to you feel free to send some of that action my way and I'll be happy to pick up a real deal Mac.



    To be fair a lot of that cost difference was in Apple's insane RAM markup. Going down to the Apple minimum of 2 GB of RAM for both boxes still leaves a $1000.00 difference in price between the two in PsyStar's favor.



    Apple left a big hole in their lineup by letting the Mini get so outdated, they've ceded the low-cost market to the pirates.



    I don't need support, I don't care what the box looks like, just give me good performance for a reasonable price and I'll pay some extra for the awesome operating system. Leaving a $1000.00 chasm between you and potential customers just doesn't make a lot of business sense.



    How dense are you? Not one of those machines is even designed with the Mac Pro specs in mind.



    The LGA771 Socket boards aren't an option. The Quad Xeon isn't an option. Without that you aren't even discussing a Mac Pro. The ECC RAM is not an option.



    No one in their right mind buys upgrades to RAM from Apple, so throwing that in is moronic.



    Core i7 Extreme is the closest to the Xeon and with the addition of the bluetooth, 802.11n, and the mac/mouse premium you're over $3k.



    If I bump up the Mac Pro with the 750GB drive they are within $79 of one another. Never mind the fact the > $400 case, 1500 W power supply and custom cabling and more that makes the Mac Pro the leader in case design, no one in their right mind would buy a 750GB drive for $150 when I can put in the equivalent 1TB for ~$100 from Newegg and install it myself.



    I'm also not buying RAM from Apple. I'll order it and fill it up at a fraction of the cost, but then anyone who buys clones knows this crap and doesn't bulk up on RAM from even Psystar--who won't give you as solid a deal as Newegg.



    Those cases from Psystar are cheap.
  • Reply 38 of 44
    Quote:
    Originally Posted by solipsism View Post


    1) The machines you compared are not even close to identical specs. But I understand that a Mac Pro is much machine for you, a Mac Mini is too little and you just don't want the AIO of an iMac, but that is what Apple wants to sell.



    2) Even if the Mac Mini was updated weekly there would still be "a big hole" as the Mini uses notebook-grade components so the power to cost ratio is going to be higher. This hole is for a machine that is headless that uses desktop-grade parts that is smaller than the Mac Pro and single-socket. Perhaps Apple will feel they'll need to enter this market eventually as a more diverse product line is a logistic necessity as their unit sales increase, but it won't be as cheap as Psystar is selling since Apple will offer services that Psystar and other basement builders can't match. Plus, Apple wont put it in a cheap box with a cheap MoBo with cheap connectors, etc. They will eschew environmentally unfriendly components that Psystar would have no problem using. You mayno tlike it, but that is how it has always been and it doesn't appear to be changing anytime soon.



    why not a least have 128 vram (non from system) in the mac mini ATI can do it why not apple / nvidia?
  • Reply 39 of 44
    Quote:
    Originally Posted by mdriftmeyer View Post


    How dense are you? Not one of those machines is even designed with the Mac Pro specs in mind.



    You are looking at things backwards. Forget comparing spec to spec, look at the real world. How long does it take to get my work done?



    For around half the price, you can get similar performance to a Mac Pro, with the same amount of ram and storage. The difference in actual operation would be negligible.



    And don't talk about quality or design, I fix Macs and PCs all day long. Macs break just as often as other brands. Check out the line at the Genius Bar or a good pro Mac repair house sometime.



    The OS is great and the hardware is pretty, but the main reason Apple charges more for their products is because they can. Good for them, but if I can outfit 2 stations for the price of 1 Mac, I would be crazy not to give it a good hard look.
  • Reply 40 of 44
    Gotta love this subject. I think that it is all very silly how 13 year old poster on this topic get all hot under the collar...lol

    Apple are the biggest losers over such a public show and the lack of vision to understand that they could have used clones to go under the radar. Authorizing clone resellers would be the smartest move into the enterprise sector. Take an example of a situation last year were the department leaders of a company wanted to buy Mac but the, scared of loosing their jobs and mac uneducated IT support department, rejected the decision because the machines were not made of stock standard PC parts that could be reused later. The main reason I think Apple does not want to do this is it is too use to raping the public of money for additional Applecare warranty. An Intel processor, motherboard or power supply comes with a minimum of 3 years warranty.

    The other really funny thing is in talking to a number of Apple Service centers and finding that tech's that work for them have already built themselves very fast Mac clones.



    viva de revolution
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