Psystar claims Apple asking for non-existent, redundant info

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  • Reply 261 of 331
    quadra 610quadra 610 Posts: 6,757member
    Quote:
    Originally Posted by wizard69 View Post


    What is really sad about this is that people like you dont seem to realize what you are giving up. If Apple wins here it will change the face of America and not for the better.



    Dave



    Nothing will change. Apple will continue to sell OS X locked to Apple hardware (or an Apple OS locked to same) as it has for well over 20 years.



    You all just want to be able to run OS X on the cheap, and somehow be able to compel them to render you special treatment, whereas the rest of Apple's market is just fine with the way they're doing business.



    You want to know what's wrong with tech? Microsoft. Where's all their R&D money going? Warmed-over Vista? A big-ass table? Yahoo crap? That Windows Mobile travesty? They have nothing to show for it. THAT is the problem with corporate America. Not Apple.



    Be glad Apple exists and does business the way it does. Be thankful. OS X is a refuge from the flotsam and jetsam floating around out there. Apple asks you to pay a premium for their OS and their hardware. You either do or you don't. Instead of whining and moaning and trying to recruit folks for your lost cause, just don't buy Apple products. There. Done.



    What's that? You're saying there's not enough of you to be heard and you need ME to see the light and MY support and the support of others for yout revolution to work? Well that's just tough. You're not getting it. You'll remain in the category of niche-whiners. Find something else to go on and on about ad infinitum. Apple hasn't even so much as spit in your direction thus far in regard to your demands, what makes you think they'll start now? Time to give it a rest and move on . . . .
  • Reply 262 of 331
    Quote:
    Originally Posted by Maximara View Post


    I don't see how this makes any sense: "It (Apple) seeks any profits earned by Psystar from its Open Computer, triple damages for willful acts, a permanent injunction against the sale of the product, as well as recall of those units already sold. " (Fried, Ina "Apple suit: Psystar's Mac clones must be recalled" Beyond Binary: CNet news July 15, 2008)



    Apple wins and they get ALL profits Psystar has made, get triple damages even if Psystar made no profit, and on top of that Psystar has to recall every unit they have sold. Then thanks to their insane claim they could be looking at possible tax fraud charges by the AG of Florida and the IRS. Tell me how delaying makes any degree of sense under these conditions?



    WAMBO and Maximara,



    You're both correct, IMO, except I feel the reasoning may be exactly as Apples attorneys stated and that there is more money behind Psystar than they are will ing to reveal. As was already stated by maximara, this type of willful negligence puts them in criminal territory. They are now liable, by their own admission, for possible tax fraud. I know you know this WAMBO, as how do you report your taxes or income if you don't have a record of your P&L, revenue, expenses, sales tax paid to the city/state you reside, eceterata.



    Apple has all the right to ask for these things for several reasons. A few have been stated by Maximara, and then there is the forensic angle of where did their initial funding come from.



    Apples financials are public knowledge, as they must report them, being a publicly traded company. Psystar has no requirement to publicly report, and this being a civil case, they cannot demand their financials from another public agency such as the Florida tax bureau.



    I suspect one poster's assumption may be correct, in that they are making themselves look like idiots to take the entire fall and get the case thrown out of court.



    I mean, no one running even the most fly by night business, would have the gall to go into court and state they have no record of their financials.



    No attorney would advise or let their client say such a thing.



    Unless it's to accomplish a specific goal and delaying only makes sense if there is someone else involved. The judge will eventually state Psystar must produce said requested documents or be held in contempt or obstruction.



    I sort of believe they are covering for someone.



    Sorry I didn't reply all day.



    Mother's day and all..........
  • Reply 263 of 331
    Quote:
    Originally Posted by wizard69 View Post


    Sure they think that. I don't doubt that Apple wants to protect their business but they have a moral obligation to respect the law and not try to pervert it. Pystar has a right to do what they are doing until proven otherwise. Apple needs to prove they are on the right side of the law here based on clear and concise reasoning, going on fishing trips to destroy Psystar before they get to the meat of the law does not put them in very good light. This especially the case when it is pretty clear that Apple isn't on the right side of the law here.



    If Apple ends this case without facing the legal arguements a good portion of their consummer base is not going to take that well at all.





    I've stated before it is not a case of being on their side but rather see that right wins over wrong in this case. Frankly I do hope that Psystar is a front for a deep pockets company and that Apples approach to it's IP is dealt with harshly. The important thing is if this big fish fries it won't be long afterward that the cell phone companies will be dealt with.



    It is actually interesting that Apple and the cell phone companies have gotten away with this crap they have for so long. I guess it is a case of deep pockets lubricating the wheels of government in their favor. This it is sad that this private effort is required to set Apple straight. Frankly anybody that stands up for the way corporate America and Apple specifically, treats the American consummer is the dense one. Continue on butdont come running to me when your freedoms end up on the auction block.









    Dave



    You are so far off the mark......



    First to address OSX being open source. As others have stated, it's framework, UNIX and BSD are open source. It has even made it's OS open source to develop applications to run in it's OS, but the use of their OS is blatantly, clearly, and (pseudo) concisely illustrated in their EULA.



    Now lets address PsyStar, and their apparent attempt to not only violate said agreement, but to make, in essence, the same Mac clones that Steve Jobs immediately shut down when he took over as they were killing apple in name and reputation and therefore destroying the consumer experience.



    When Frank Amelio ran apple he had no vision and therefore used every possible 80s trick he could to try to keep the company afloat, consumer be damned. To be more clear, he essentially tried to run apple the way microsoft is being run now. He did very little development and just tried to put it on as many machines as possible.



    Apple was diluted and dying.



    Jobs came in and whipped everything back into shape and one of the first things he did was ensure he controlled the medium in which the OS ran, as he knew it would shine in that format.



    Now, of course that puts them in the position of controlling the pricing since they controlled both the razor and the blade, but they ensured the razor was of the best quality and the blade was the sharpest you would ever find and it would be several years before it dulled and you complained. If you want it, you have to pay to play and having owned 2 Jaguars in my life I know how painful that can be.



    Did I like paying as much as we did for our 2.8 extreme 24 inch iMac?



    NO.



    Do I like not needing Anti-Virus?



    ABSO-effing-LUTELY



    Enter PsyStar, doing exactly what nearly killed apple, was publicly forbade by apple (Apple owns OSX. They created the interface that IS OSX. They have EVERY RIGHT to declare, just as Sony, Microsoft, Dell, Honda and anyone else who makes a product what can and cannot be done with it as long as it is within legal limits, does not violate your rights and ultimately does not violate their rights.)



    Point blank PsyStar has violated Apple's rights. They are doing exactly what apple did not want to be done and violating the EULA that several lawyers sat down to right that ensured it was with legal limits.



    Point blank PsyStar has violated Apples rights: They are buying an apple product, using it against the legal conditions set forth by apple that was part of the terms and conditions of purchasing and using said product. You see it when you install it and they chose to agree to it an then ignore it. They are already legally liable in that sense alone.



    Then we will go into their profiting from something sold for personal use, and not meant for resale.



    They aren't running a business utilizing OSX to make said business more efficient, they are running a business that blatantly profits off of someone's hard work.



    They have ignored the hackintosh community, who does not want this to happen, and they have ignored apple.



    And more importantly, they made no agreement with to resale their OS in another machine.



    Even Microsoft made deals with DELL, Lenovo, HP, etceteras. Even if the amount MS charges the makers of those products is paltry so they can achieve market saturation, they can be shown as charging something and having made the deal (or else it would be anti-trust) while Psystar has gone under the assumption that once they purchased it, they could do whatever they wanted with it including making a profit.



    This goes back to the music piracy. To be honest I never understood that, as obviously someone purchased it, but they didn't post it on a server and charge people to be able to make copies of it.



    Psystar is doing the reverse of that. They have purchased a product and are reselling it as their own, making a premium while doing so.



    As for your cell phone company comparison, to be honest it has no place here and is a subject for a different legal action, if anyone deems to choose to do so, but bottom line, apple was the smart cookie in that as well. If the phone company wants the product that, as we have seen, has changed the cellular industry forever, then they should be willing to pay to get it.



    And why not? When they are charged a tax, they pass that tax on to us, which, to be honest is not legal, but they have never been called on that (I worked at 3 phone companies in my younger years....you wouldn't believe what they get away with.)



    And if you don't think big corporations were lining the pockets of government or people within government ON BOTH SIDES I'd like to know what country, or even planet you have been living on or in for the last hundred years, because it has always happened and as long as we allow ourselves to be ruled by people with more than us an nothing in common with us, it always will.



    Read Animal Farm sometime........
  • Reply 264 of 331
    addaboxaddabox Posts: 12,665member
    Quote:
    Originally Posted by anantksundaram View Post


    Wow. You sure sound like you're having a bad day.



    Chill out. And keep the politics out of it, if you can.







    There's politics, and then there's "politics." You should try following along.
  • Reply 265 of 331
    istinkistink Posts: 250member
    I can't believe how many posts there are in this thread. How is this debatable? If Apple didn't give them the right to distribute OSX, then they are doing something illegal, and that's the end of the story.



    As much as I hate how complicated copyright issues can get, this one seems pretty clear cut. Only Apple sells OSX, and that's how they want to keep it.
  • Reply 266 of 331
    thomprthompr Posts: 1,521member
    Quote:
    Originally Posted by jlanganki View Post


    Apple should just give away Mac OS X and charge you $1 every time your computer boots up, regardless of what hardware it's running on. This is fair for everyone.



    I reboot my MacOS X computer less than once per month.



    Your idea would only give Apple incentive not to make such a robust operating system.



    Bad idea.



    Thompson
  • Reply 267 of 331
    istinkistink Posts: 250member
    Quote:
    Originally Posted by anantksundaram View Post


    Wow. You sure sound like you're having a bad day.



    Chill out. And keep the politics out of it, if you can.



    He sounds like he's having a bad day every day, which leads anyone to believe he simply has a bad life. He's a hypocritical whiner who repeatedly attempts to take threads off subject with an argument over anything. A simple google search shows that he trolls engadget and gizmodo, then turns around and tells the "trolls" here they should leave.



    Bottom line: Don't feed the trolls. He's been on my ignore list for quite a while now, and the one time I go to view his post to see if he actually had something meaningful to add to this discussion, it turns out to be his typical moronic type of post where he's trying to start an argument over nothing.
  • Reply 268 of 331
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by anantksundaram View Post


    Heh heh. You were expecting a serious answer to this excellent question?



    Actually, yes. I figure if they tried to answer it honestly they might see the shortsightedness of their position.
  • Reply 269 of 331
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by iStink View Post


    He sounds like he's having a bad day every day, which leads anyone to believe he simply has a bad life. He's a hypocritical whiner who repeatedly attempts to take threads off subject with an argument over anything. A simple google search shows that he trolls engadget and gizmodo, then turns around and tells the "trolls" here they should leave.



    He is about as far from a troll as you can get. He is more constructive on these forums than most.
  • Reply 270 of 331
    addaboxaddabox Posts: 12,665member
    Quote:
    Originally Posted by solipsism View Post


    He is about as far from a troll as you can get. He is more constructive on these forums than most.



    I believe I disagreed with iStink at some point, or possibly even spoke ill of him, which apparently has made him a tad unhinged.



    Have to say, though, that I've posted on Giz and Engadget maybe twice each in the last ten years, so "simple Goggle searches" that prove my trollish ways strike me as more than a little creepy.
  • Reply 271 of 331
    halvrihalvri Posts: 146member
    Quote:
    Originally Posted by g3pro View Post


    Oh my gosh! I accidentally crossed words out in my book! And then I sold it to someone else. I just broke the LAW!!!







    You people will go to any lengths to defend Apple's anti-competitive actions, even if it means abandoning common sense and reason.



    No, they just can't believe how much of a moron you are continuing to be. Crossing out words is one thing: they're still there to physically be seen. However, if you re-edit the book and submit it to a publisher to be sold in any way, shape, or form, you must first receive the copyright holder's permission because you might have altered their work in a manner that changes its meaning or purpose.



    Whether you like it or not (this must have been said a thousand times already), a copyright holder retains every right to determine how their product is used (regardless of whether that property is physical or intellectual). Stop ignoring what every other educated poster on this forum is telling you and you might get somewhere.
  • Reply 272 of 331
    hiimamachiimamac Posts: 584member
    Quote:
    Originally Posted by Dr Millmoss View Post


    Don't be suckered into debating . They think Apple should be in the same business as Microsoft, and even if Apple doesn't want to be in the same business, they should be forced into it.







    So what has this thread, among many regarding Apple, branding, positioning, et-cetera.



    That most people use macs here. That a majority feel macs are either over priced or under performing. That mac parts are slower than PC siblings. That Osx86 is easier than ever. That Apple does not offer a product the is deemed fair, either a) the product is non upgradable or b) a mac pro not offered with non ECC, non server CPU, it's not an Xsan. So apple is clearly ripping people off so some feel companies like pystar are justified. It's as if there was just intel again. The majority will always win. When apple was IBM ppc, they were barely 3% and todays switcher know more about FSB, megaherz, gpu then many if the early fan boys this actaully makes it harder for apple to brand as many will see right through it's lies. When Apple was smaller, apple use to lie about their benchmarks. Now it's hardly EVER talked about.



    It may shock some to know, but I love OSX, however I purchase mine via Apple retail friends and get a good discount, more if it's end life for I see this price as fair. Otherwise, I don't deem it a requirment to get work done, in fact, there are audio only programs for the pc only. Still, I prefer the candy of mac, the workflow but feel especially toward the MacBook and iMac, that they are under powered, this the great battery life, or non upgradeable. The mac pro is the mschine that should be mainstream and it shouldn't be built with server parts. This us where the scam comes in.
  • Reply 273 of 331
    tawilsontawilson Posts: 484member
    Quote:
    Originally Posted by g3pro View Post


    USED BOOK STORES?



    Because the copyright holder has the magical power to have sole dominion in deciding who can sell books and who can not?



    You'll note he said edited books, not used. And a used book store could not sell an edited book.
  • Reply 274 of 331
    i might be wrong here but arent they waiting for trial? i would tell you the dog ate it also if it was followed by ill see you in court. its a delay tactic i suppose
  • Reply 275 of 331
    wilcowilco Posts: 985member
    Quote:
    Originally Posted by brucep View Post


    what is truly sad is how some people are so stupid to befooled by a bunch of thieves and knock offs .



    apple owes no one shit .



    in fact apple has just hit new highs .



    with its incedible os-x

    with its incredible free i movie i tunes garage

    with its up and coming i phone and a billion app store



    all of these thing chill my spine



    yet what crushes you ms dudes is how seamless it all is .



    and now apple makes the finest laptop ever made

    the 15 in uni-body mac book pro fully loaded



    to walk this earth with a beautiful machine like this .and all the things it can do .



    new low's

    ha !



    new high's i say....



    What a fucking weirdo.
  • Reply 276 of 331
    maximaramaximara Posts: 409member
    Quote:
    Originally Posted by Joe_the_dragon View Post


    not if your are replacing a dead / not working one.



    BZZZ WRONG. Changing the motherboard for ANY reason invalidates the Windows OEM



    Here is the exact wording: " If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required.."



    So unless a defect is the reason you had to replace your motherboard you are required to get a new Windows OEM and that is straight from the MS horse's mouth. Deal with it.
  • Reply 277 of 331
    istinkistink Posts: 250member
    Quote:
    Originally Posted by solipsism View Post


    He is about as far from a troll as you can get. He is more constructive on these forums than most.



    Unfortunately my experiences with him have been quite the opposite. I've been a long time lurker here and have read many discussions on these articles before creating an account. One of the first times I interacted with him, he tried to discredit anything I had to say by pointing out my low post count. In other words, even if everything I ever posted was mindless dribble, he would still take it seriously if I had posted that mindless dribble enough times.



    I was simply trying to spare someone a potential waste of time when I saw their response to his post where he called them a nazi. Godwin's law anybody?



    Anyways solipsism, I wish more people would add to discussions the way you do. You're someone who'll never go on my ignore list



    ok I'm done ranting.
  • Reply 278 of 331
    istinkistink Posts: 250member
    Quote:
    Originally Posted by Maximara View Post


    BZZZ WRONG. Changing the motherboard for ANY reason invalidates the Windows OEM



    Here is the exact wording: " If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required.."



    So unless a defect is the reason you had to replace your motherboard you are required to get a new Windows OEM and that is straight from the MS horse's mouth. Deal with it.



    I can attest to this. I had an Asus P5W DH Deluxe that I burned the northbridge up on and sent off for an RMA. When the refurbished one came back, Windows detected a new mac address and I had to call in to get it re-registerd. Same motherboard and all, I didn't see that one coming.



    Here's the thing though: I simply explained what I did and they let me in without buying anything. I even installed that same copy of windows onto my brother's machine and they let me in. I'm pretty sure I've exhausted the number of times they'll allow me to register the OS though. It came with a dell back in 2002 for God's sakes LOL.



    Oh and a few times I've been denied access, then I just called right back and a different person let me in. It's not a very concrete system.
  • Reply 279 of 331
    quadra 610quadra 610 Posts: 6,757member
    Quote:
    Originally Posted by wilco View Post


    What a fucking weirdo.



    The language he used might be a bit off, but what he wrote is absolutely correct in spirit.



    It's difficult to articulate that sort of thing. It's also difficult to quantify the "intangibles" he mentions - but they are there, and they certainly have value.
  • Reply 280 of 331
    dr millmossdr millmoss Posts: 5,403member
    Quote:
    Originally Posted by hiimamac View Post


    That most people use macs here. That a majority feel macs are either over priced or under performing. That mac parts are slower than PC siblings. That Osx86 is easier than ever. That Apple does not offer a product the is deemed fair, either a) the product is non upgradable or b) a mac pro not offered with non ECC, non server CPU, it's not an Xsan. So apple is clearly ripping people off so some feel companies like pystar are justified.



    If I felt that any of these things were true and important, I certainly would not buy a Mac. If I did feel that any of these things were true and important, and bought a Mac anyway, some might rightly call me a hypocrite. The bottom line is, nobody buys anything that is "overpriced" -- by definition. If they thought a product was overpriced, they would not buy it. This is how pricing works.



    The audience for a company like Psystar is at best going to be quite small. Discussions in forums like this tend to be far more geeky and technical than any you'll find in the real world. Most people prefer their computers to work without complications, and well-designed form factors -- which is the appeal of the Mac as it is sold by Apple. Most people don't have a clue about parts, nor should they.



    Psystar's Mac clones appeal to almost nobody but true geeks. Apple correctly sees that if Macs are made and sold that don't implement Apple's vision for what a Mac should be, it could undercut their corporate strategy for positioning the Mac in the computer market. And if you don't like Apple's corporate strategy for positioning the Mac in the computer market, then you have the option of not buying one.



    The sad, strange and weird situation as it exists, is that some geeky and technical people believe that Apple's strategy must change, and if Apple doesn't want to change it, that they must be forced to change it. The way they think it ought to be changed is for Apple to completely alter their strategy to copy Microsoft. This is the only true and correct model, as far as they are concerned. This is wrong on many levels, but it seems to be what many techno-geeks believe.
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