MacBook Airs ship; Psystar plans Mac notebook, Blu-ray desktop

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  • Reply 101 of 144
    quinneyquinney Posts: 2,528member
    Quote:
    Originally Posted by MJ Web View Post


    I hope you're right but I think you're being presumptuous. I believe AAPL has really bungled this case by entering into arbitration. I read it as a legal ploy to exhaust Psystar's legal options but it has backfired on AAPL. Psystar is now rubbing the mediation process in AAPL's face. The tail is wagging the dog! Dig?



    The arbitration is not binding. If things do not go Apple's way, they can still go

    to trial. Psystar might be the one digging (a deeper hole).
  • Reply 102 of 144
    bsenkabsenka Posts: 799member
    If Psystar makes an OS X laptop, I'll buy it. If i hadn't just bought an aluminum iMac, I'd buy one of the Psystar towers too.
  • Reply 103 of 144
    piotpiot Posts: 1,346member
    Quote:
    Originally Posted by g3pro View Post


    Except that Psystar is not illegally copying Mac OS X onto the computers. It is installing legal copies that it purchased from Apple.



    Psytar is installing legal copies of OS X, illegally, onto computers that they did not buy from Apple. They are then using Apple's trademarks and reputation to help market these systems.



    They do not have a licence to do so. They didn't even ask Apple for a licence. Apple has a right to protect their own business. They have a right to restrict the usage of their own IP.



    For your sake, I hope you never start up a business that is based upon any of your own created intellectual property. Based upon your logic, you would just give away (or at least sell cheaply) any competitive advantage that you had. Good luck with that.
  • Reply 104 of 144
    davidwdavidw Posts: 2,053member
    Quote:
    Originally Posted by g3pro View Post


    You can't trademark a photo of a box. Otherwise, you can guess what would happen to ALLLLLLLLLLLL these people.



    You are clueless to trademark laws. Even if you tatoo Apple's trademark on your ass, you can't use a picture of your ass to sell something that Apple didn't authorize you to do. The eBay post are all selling authorize Apple products made by Apple. Thus they can use Apple's trademark to advertise it. Psystar is using Apple's trademark to sell their PC's. Which is not made by Apple. (Only a fool thinks that Psystar is using the Apple trademark to sell copies of OSX.) It's a trademark violation. Unless Psystar gets a license from Apple to do so.



    If you want to plaster little stickers of the Apple logo on your own PC, that's fine. But you can't use the Apple trademark to sell that PC because it's not made by Apple. It's not only violates trademark laws but it's false advertising. Potential buyer may mistaken that it's an Apple product or that Apple somehow endorses the product.
  • Reply 105 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by petermac View Post


    Is this Psystar working for more leverage in their upcoming arbitration?



    wait a second, when was it announced that Psystar could legally start making Mac clones again. I thought that the current standing was that they could not and the issue being decided was whether they have to recall all the ones they already, illegally sold.



    did I miss something.



    oh and what's the point of Blu-ray if you can't play the movies
  • Reply 106 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by bpg131313 View Post


    I wonder how Steve justifies in his mind having his Pixar movies



    contrary to belief Steve Jobs is NOT the God of Pixar. Other peeps are involved, many of them to a greater level than Jobs. and they made the decision to release Blu-ray of the movies.
  • Reply 107 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by otwayross View Post


    i'm totally ignorant to the alleged laws being errr "broken"



    copyright violation, trademark violation among others.



    basically Psystar used the Mac name to market a computer loaded with the Mac OS software without a license to install the software on the machines in violation of the End User Agreement. not to mention that they apparently set up their own update server in an attempt to not get caught by Apple when all those machines 'dialed' into Software Update which could be seen as illegal distribution of copyrighted materials



    and then when Apple called them on it and told them to cut it out and recall all sold machines they counter sued saying basically that the rules were stupid and they shouldn't get in trouble for breaking them.
  • Reply 108 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by FuturePastNow View Post


    While I agree that Apple will probably win, you're deluded if you think their case is a "slam dunk." If Psystar manages to push this in front of a jury, who knows what might happen...



    the only issue that is not a slam dunk is the recall issue. A jury is not likely to agree that it is cool to snatch up computers from folks that bought in good faith
  • Reply 109 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by g3pro View Post


    The Mac OS X installation DVD is purchased from Apple, similar to how most people ordered Mac OS X Leopard installation DVDs to upgrade from 10.4 Tiger.



    Can you explain how it is possible to steal something that you bought, legally, from Apple?



    Please, feel free to use RDF if necessary to explain your position.



    the position is really very easy to understand.



    You go to an Apple Store. You buy a single user box of OSX. you have the legal right to put it on one computer



    You do NOT have the right to go and put it on hundreds of computers. But that is what Psystar did. And then apparently they were fetching the updates and distributing those illegally on their own servers. Both of which are blantant copyright violations. Just like buying the new Coldplay and putting it out there for thousands to download is a violation
  • Reply 110 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by g3pro View Post


    Apple still sells a copy of OS X for every copy sold for use in a Psystar computer.




    and the proof. cause that is one thing that has NOT been seen in all of this. Proof that Psystar has bought a copy of Mac OSX for every machine sold.



    and actually yes they did chop it up. they modified the system to contact their computer servers for updates. if the copies of OSX were 'legal' why bother.



    and even if they did buy copies and not mess with the software, the copies they bought were sold for their use, not be redistributed. so they still broke the rules and are trying to play the 'its a stupid rule' game.



    Quote:

    They are not using a trademark or a brand to sell a computer.



    the name "Mac" is a trademark. as soon as they called it the OpenMac they violated the trademark



    Quote:

    They are selling a computer which allows you to install Mac OS X after purchasing it from Apple.





    oh no. Psystar ships the machines with OSX preloaded.
  • Reply 111 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by Foo2 View Post


    Yes they do. Psystar uses the Apple name and "Mac OS X" to promote copyright infringment.




    actually it's nothing to do with copyright in this case. they are using the Mac name to sell a product so it's trademark infringement. similar but not the same
  • Reply 112 of 144
    Quote:
    Originally Posted by piot View Post


    For your sake, I hope you never start up a business that is based upon any of your own created intellectual property. Based upon your logic, you would just give away (or at least sell cheaply) any competitive advantage that you had. Good luck with that.



    well coming from slightly different industry, some people dont see business this way. Some see competition as a way of business, and sometimes an unavoidable way of business.

    Apple fans do not have to worry, Apple will prevail and Psystar will die because of the $$$.



    to be succeed in a competitive market one must:

    Offer a Superior product

    Offer excellent customer service/support

    Offer excellent value.



    Apple has no problem succeeding in the first two. But, "Value"? Apple could use some help there. Most apple fans can admit that(admitting to have to "save up to buy a mac"). So why cant Psystar help a little. They are buying apples product, putting it in a machine of less quality and offering it way cheaper.



    I bet most Psystar buyers use there Hackintosh as a stepping stone to the real deal... and end up sooner or later buying an Apple. So Apple wins two times. but i guarantee that must Psystar buyers end up buying the real deal(apple).
  • Reply 113 of 144
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by UltimateKylie View Post


    But they could still win on the fact that Apple has a quasi monopoly




    it is only a monopoly if you can prove that "apple computers" are a market all by themselves. they are not. they are one item available in the 'personal computer market'. just like the iphone is not a market all to itself but part of the 'smart phone market'
  • Reply 114 of 144
    davidwdavidw Posts: 2,053member
    Quote:
    Originally Posted by g3pro View Post


    you wrote:







    Yes, you are perfectly allowed to do so. It's called Fair Use. IT'S CALLED FAIR USE.



    You have absolutely no idea what on earth you are talking about when you say "No, you are not."



    You also don't seem to have a clue about of "Fair Use". It applies differently to different copyrighted material.



    "Fair Use" allows you to make copies of your music on to tape, CD, MP3 player or computer so that you can play your music on the different equipments that you own. Or to make a "mix" copy CD of the music you own. Plus a CD is more likely to be damaged because it's played so often. So making a back up copy for yourself is permited but frown upon by the RIAA.



    Most software permits you to make a back up copy. You are permitted to keep and use the back up copy so long as you still own the original. The thinking is that software can be expensive and since you're really only paying for the rights to use the software. It's shouldn't be illegal you to have 2 physical copy of it in case one gets damaged. So long as it's only installed on the number of computers permitted by your license. That's fair.



    "Fair Use" on the other hand do not allow you to make another physical copy of a DVD movie. All phsyical copy of a DVD movie is a pirated copy. Even if you own the original and it's for personal use. It's questionable that you can even have a digital copy of it on your computer so you can put it in your iPod.



    "Fair Use" does not allow you make a copy of your whole book. It's questionable, but you can make copies of portions of your book to take with you when you don't want to carry the whole book or to take notes on. But you can't copy the whole book. There's no reason for you to have two complete copies of your book. The only reason you may be allowed to scan or dictate your whole book into a computer is if you have eyesight problems and need to enlarge the type in order to read it or need an audio version. (Of course some one that can see will have to do the dictating.)



    "Fair Use" does not allow you to alter any of the contents of a copyrighted material and then sell it in the altered form. You may only use the altered form for your own personal use.



    "Fair Use" does not allow you to use some one else's copyright material to market your own product. You need to get a license for the copyright owner.



    "Fair Use" do not apply to Psystar as they are a business and using copyrighted material for commercial use not personal use.



    Even if Psystar only sells the PC and instructed their buyers on how to buy OSX, get the hack and get it loaded into their PC, they are breaking the law. If you encourage some one to violate copyright laws, you are also guilty of violating copyright laws. Both Napster and Gokster were put out of business because they were encouraging people to violate copyright laws. Even though nearly none of their users were charged with copyright violations.
  • Reply 115 of 144
    charlitunacharlituna Posts: 7,217member
    anyone remember this riot of a news article about the OpenMac



    I wouldn't buy from them cause it will take weeks to get the machine fixed if something goes wrong since you have to mail it back to them every time.
  • Reply 116 of 144
    ssassa Posts: 47member
    Quote:
    Originally Posted by Foo2 View Post


    And monkeys might fly out of my...



    Somehow I think Blu-ray playback support will arrive to the MacOS through either an Apple solution or a third party solution long before monkey's fly out of any part of your body. The question isn't if, but when. There are bluray drives that can fit in all the Mac desktops and in both the MB and MBP. Ironically a lot of people who don't know what they are talking about keep saying that there are no 9mm Bluray nevermind that Panasonic released one at this years' CES and you have been able to buy one for months. Add that to the fact that Nvidia notes that the 9400M supports HDCP and the only issue that should block playback is the lack of any playback software. At some point I imagine even if Steve Jobs doesn't want it that some third party will create a licensed Blu-ray playback program for OSX and bundle it with a drive. If Apple's market share keeps increasing it is only a matter of time before somebody decides that there are enough potential customers to justify said product.





    Quote:

    No matter the cost right now, if Apple doesn't act aggressively to protect its IP, others will follow in Psystar's footsteps and make it even more costly for Apple in the long run.



    Ultimately though if your IP violator doesn't have many assets it is like trying to squeeze blood out of turnips. Sure you can get all Psystar's assets, but what are those really worth? Most major corporations (ie. Dell, HP, Sony, etc.) aren't going to risk a lawsuit with Apple. Somehow I don't think that the commercial market for Mac clones could ever get very big.



    You are basically falling for the classic RIAA strategy for dealing with piracy and we all know how that worked. Apple is better off trying to plug holes in the product line to squelch any market for a competitor. Some people on this forum are too much of an Apple acolyte to admit that there are some products that there is significant demand for that Apple isn't satisfying. Many wishes are unrealistic, but there are some that aren't unrealistic.





    Quote:

    All Apple has to do is shut down Psystar's "Mac" business through the legal system, while continuing to deliver good quality, good performance (even exceptional performance in the Mac Pro), and good support, all on a massive scale.



    Apple really needs to focus on improving their quality because in recent years a lot of people have been underwhelmed by their hardware quality. It is one thing to pay good money to get good quality, but in recent years Apple's hardware quality has left something to be desired.



    Quote:

    Most Mac and PC customers aren't going to understand why a BR drive doesn't play BR movies. Psystar is going to have a few disenchanted customers with their most recent move. BR movies compete with iTMS and AppleTV, which is one reason Apple doesn't offer Blu-ray as an option. If Apple can postpone Blu-ray long enough, the Internet will kill Blu-ray. Every day that goes by brings us closer to the day when Blu-ray is irrelevant.



    At least within the United States that day is certainly not going to be in this decade and probably well into the next decade as well for most people. Telecos have dragged their feet in improving bandwidth speeds. I think on the idea that Blu-ray will never catch a foothold because of the internet is real pie in the sky. Furthermore, while Apple has played a big role in the legal digital distribution of music their success in videos has been underwhelming to say the least.



    As for AppleTV, I don't think Apple's exclusion of Blu-ray as an option in their computers is going to help the lagging sales of the AppleTV until Apple makes a major overhaul. The thing runs too hot, it doesn't store enough video particularly if you are storing HD quality content, and the iTunes "HD" video are about on par with standard DVD amongst other criticisms. For those with good size TV sets the "HD" video from iTunes is no competition for Blu-ray quality. I will agree that everyone is going to want to pay for Blu-ray on their Mac that is why unlike Sony trying to shove it on their computers Apple should make it optional. What's so bad about giving your customers options? I realize that you don't want to inundate your customers with trivial questions like Dell does on CTO models, but I doubt most people would be bothered by one more line in the CTO options.







    [/quote]"Significantly" is the watch word. The current Mac mini is still quite good. It takes a while for hardware components to progress to where a Mac mini can be significantly updated while maintaining a decent profit margin.[/QUOTE]



    The Mac Mini hasn't been updated in >14 months in case you hadn't noticed. Performance per dollar ratios can change dramatically in 14 months in the computer industry. High end components that you only wished to include last year can drop in half in 14 months. Even if Apple released an updated Mac Mini tomorrow they could sell a Mac Mini that would blow away the old Mac Mini performance wise at the same profit margin if not better than the Macbooks currently have. The processors are so old on the Mac Mini that Apple will eventually be forced to update the Mac Mini because Intel is moving on to new models. When you can buy an entire laptop with more RAM, a bigger HDD, and a better chipset for about the same price as the Mac Mini it doesn't take much imagination to wonder why Apple wouldn't be able to have an entry level model that blows away even the high end version of the current model.



    RAM prices are dramatically lower than they were 14 months ago. Putting 2GB on the entry level model wouldn't be expensive at all. I have seen laptops that are cheaper than the entry level Mac Mini with 3GB of RAM. The Mac Mini should be on par spec wise with a comparably priced laptop, but even if the Mac Mini were a laptop with a 14" screen and the same specs it would be unimpressive. You are quite delusional if you think that the Mac Minis specs are still impressive at the same price point after 14 months. For perspective, except for using the slower Atom processor ASUS' EEE box is pretty comparable to the current Mac Mini. It has 802.11N and a card reader which neither model of the Mac Mini offer and despite being superior to the Mac Mini in some respects it is selling for almost half the price of the Mac Mini.



    Bottom line either Apple is working on a major overhaul of the Mac Mini or the Mac Mini is probably dead. If there isn't a Mac Mini overhaul or a product that replaces the Mac Mini by January I am inclined to believe the latter.
  • Reply 117 of 144
    foo2foo2 Posts: 1,077member
    Quote:
    Originally Posted by charlituna View Post


    actually it's nothing to do with copyright in this case. they are using the Mac name to sell a product so it's trademark infringement. similar but not the same



    Copyright infringement and trademark infringement are somewhat similar. As I said, Psystar is using"the Apple name and "Mac OS X" to promote copyright infringment." Psystar is infringing on Apple's copyright and infringing on Apple's trademark to promote it.
  • Reply 118 of 144
    foo2foo2 Posts: 1,077member
    Quote:
    Originally Posted by SSA View Post


    Somehow I think Blu-ray playback support will arrive to the MacOS through either an Apple solution or a third party solution long before monkey's fly out of any part of your body.



    We're talking about here and now and what Psystar "engineers" (hah!) are could accomplish on their own with a Mac.



    Quote:

    Ultimately though if your IP violator doesn't have many assets it is like trying to squeeze blood out of turnips. Sure you can get all Psystar's assets, but what are those really worth?



    It's worth Apple not getting nickled and dimed to death by a bunch of independent clone makers, that's what. Do you not understand mob mentality? Doubtless Apple could care less about getting oodles of dollars in remuneration out of Psystar, as long as Psystar feels Apple's wrath, is stopped from infringing on Apple's IP, and as long as the world recognizes Psystar has been hurt if not decimated.



    Quote:

    You are basically falling for the classic RIAA strategy for dealing with piracy and we all know how that worked. Apple is better off trying to plug holes in the product line to squelch any market for a competitor. Some people on this forum are too much of an Apple acolyte to admit that there are some products that there is significant demand for that Apple isn't satisfying. Many wishes are unrealistic, but there are some that aren't unrealistic.



    Yeah, whatever.



    Quote:

    Apple really needs to focus on improving their quality because in recent years a lot of people have been underwhelmed by their hardware quality.



    What you need to consider is the fraction. A small fraction of a large number is big, but still acceptable and could be better than the competition.





    Quote:

    The Mac Mini hasn't been updated in >14 months in case you hadn't noticed. Performance per dollar ratios can change dramatically in 14 months in the computer industry.



    Oh, I've noticed. And performance really hasn't increased much for the type of hardware that goes in a Mac mini. Then add significant time to re-engineer the system, by an engineering team that had a higher priority of redesigning the iMac, MacBook, and MacBook Pro.



    Quote:

    Bottom line either Apple is working on a major overhaul of the Mac Mini or the Mac Mini is probably dead. If there isn't a Mac Mini overhaul or a product that replaces the Mac Mini by January I am inclined to believe the latter.



    Brilliant.
  • Reply 119 of 144
    Quote:
    Originally Posted by charlituna View Post


    and the proof. cause that is one thing that has NOT been seen in all of this. Proof that Psystar has bought a copy of Mac OSX for every machine sold.



    They include the boxed copy of OS X with the machine.
  • Reply 120 of 144
    Well lets make it simple, its easy to know why there is people supporting Psycrap and such, its because they are cheap.



    Now don't start flaming me, think about it, do you think with the amount of functions and features Leopard is offered is cheap? Where do Apple makes it money to pay its hardworking software engineers? How do they pay their electricity bills? How do they pay for the R&D, you think an OS retail price can cover all of this?



    Then you are all wrong mate, look what happen to Windows Vista, need to release a few versions just to make it cheap enough for users. And how do the OS performs? Crap, but now getting better.
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