Expanded Apple lawsuit claims Psystar part of a larger plot
Now free of any countersuits, Apple has grown its lawsuit against Mac clone maker Psystar to accuse it of further violations and to claim that others have contributed to its breaking copyright law.
The amended suit, unearthed by Groklaw, primarily expands Apple's original complaint to assert that Psystar has violated the Digital Millennium Copyright Act by engineering its OpenComputer lineup to use Mac OS X despite measures intended to prevent the operating system from running on anything but Apple's own hardware.
it also charges the Florida-based clone builder with pushing buyers to commit copyright infringement, including violating the DMCA by circumventing Apple's restrictions in day to day use, and of violating Apple's trademark on the term SuperDrive used to describe the DVD burners in Macs.
But the most eyebrow-raising element remains the 18th paragraph, which explicitly states that Apple believes ten unknown people or companies -- each nicknamed "John Doe" -- have contributed on some level to the numerous violations named in the amended suit.
"On information and belief, persons other than Psystar are involved in Psystar?s unlawful and improper activities described in this Amended Complaint," the new section reads. "The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants? true names and capacities when they are ascertained."
The statement is seen as uncharacteristic for Apple, which is throwing the full weight of both its legal team and its fact-finding resources behind a case against a comparatively small target. Erwan Hamon of Groklaw suggests not only that Apple may have reason to believe in a wider conspiracy but that Psystar's defiant posture may stem from the support of others behind the scenes.
While no direct clues have surfaced as to who if anyone might support Psystar, the company's Mac clones are known to be using pre-made, third-party code to bypass Apple's usual checks for official firmware during the Mac OS X Leopard installation process. The unofficial vendor's primary culpability is to perform the bootleg installations itself and market the systems as capable of running the Mac operating system despite Apple's licensing terms that forbid use on anything but its own computers.
The amended suit, unearthed by Groklaw, primarily expands Apple's original complaint to assert that Psystar has violated the Digital Millennium Copyright Act by engineering its OpenComputer lineup to use Mac OS X despite measures intended to prevent the operating system from running on anything but Apple's own hardware.
it also charges the Florida-based clone builder with pushing buyers to commit copyright infringement, including violating the DMCA by circumventing Apple's restrictions in day to day use, and of violating Apple's trademark on the term SuperDrive used to describe the DVD burners in Macs.
But the most eyebrow-raising element remains the 18th paragraph, which explicitly states that Apple believes ten unknown people or companies -- each nicknamed "John Doe" -- have contributed on some level to the numerous violations named in the amended suit.
"On information and belief, persons other than Psystar are involved in Psystar?s unlawful and improper activities described in this Amended Complaint," the new section reads. "The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants? true names and capacities when they are ascertained."
The statement is seen as uncharacteristic for Apple, which is throwing the full weight of both its legal team and its fact-finding resources behind a case against a comparatively small target. Erwan Hamon of Groklaw suggests not only that Apple may have reason to believe in a wider conspiracy but that Psystar's defiant posture may stem from the support of others behind the scenes.
While no direct clues have surfaced as to who if anyone might support Psystar, the company's Mac clones are known to be using pre-made, third-party code to bypass Apple's usual checks for official firmware during the Mac OS X Leopard installation process. The unofficial vendor's primary culpability is to perform the bootleg installations itself and market the systems as capable of running the Mac operating system despite Apple's licensing terms that forbid use on anything but its own computers.
Comments
"Apple sues Dell, IBM, Microsoft, Gateway, and all other computer/software companies in conspiracy"
I can see it now...
"Apple sues Dell, IBM, Microsoft, Gateway, and all other computer/software companies in conspiracy"
Mostly Microsoft, at least is the only one known to had/have such plan against Apple.
I can remember that email that went public straight from Microsoft Headquarters. The one that wanted to drawn Apple with legal suits.
Since Zune and Vista are failures and the xbox platform still lacks of a real store and products.
For me looks like MS is going desperate.
Time will tell....
Mostly Microsoft, at least is the only one known to had/have such plan against Apple.
I can remember that email that went public straight from Microsoft Headquarters. The one that wanted to drawn Apple with legal suits.
Since Zune and Vista are failures and the xbox platform still lacks of a real store and products.
For me looks like MS is going desperate.
Time will tell....
I don't know if the XBox is making any money, but I wouldn't call it a failure it is a good product with some good games.
It's way more likely that these ten "John Doe's" are individuals, and very very likely that what they are talking about here is the individual hobbyists in the OSX86 community that cracked open the protection in the first place.
You can't make an argument that Psystar circumvented the copy protection without showing how they did it, where the code comes from, etc. And once you discover the "hobbyists" in question, you have to treat them the same as Psystar under the law.
It's likely that Psystar has screwed up the lives of a lot of innocent people who are now going to be charged in court.
The "persons or companies" stuff is just boilerplate.
It's way more likely that these ten "John Doe's" are individuals, and very very likely that what they are talking about here is the individual hobbyists in the OSX86 community that cracked open the protection in the first place.
You can't make an argument that Psystar circumvented the copy protection without showing how they did it, where the code comes from, etc. And once you discover the "hobbyists" in question, you have to treat them the same as Psystar under the law.
It's likely that Psystar has screwed up the lives of a lot of innocent people who are now going to be charged in court.
Unlikely. Psystar's persistence almost guarantees the people behind were testing the waters for larger companies. Someone here on AI had called it a few months ago. I don't remember who it was but he had a hunch some bigger company such as Dell was seeing how far they could push this thing.
Had it been individual OSX86 hobbyists, they would have stopped their operations after the first warning from Apple. Or at least, they should have done so. There's a slight chance no larger company is behind this but it's very unlikely.
I can't wait to see who's really behind this.
and the xbox platform still lacks of a real store and products.
Have you even used a 360 in the last year? I don't really care for the platform, but to deny that it has a store or products sounds pretty ignorant to me.
I don't know if the XBox is making any money, but I wouldn't call it a failure it is a good product with some good games.
I wish I knew, it doesn't seem to be the money pit that it was, though write-down because of the RROD issue must have really hurt.
I don't know if the XBox is making any money, but I wouldn't call it a failure it is a good product with some good games.
I only called failure the Zune and Vista.
The Xbox 360 is not a failure, but the implementation of the store is.
And come on, Nintendo wii has been kicking the nuts of Sony PS3 and the 360.
They got the old folks to interact with their childrens and such huge amount of new people to games like no one before.
I can see it now...
"Apple sues Dell, IBM, Microsoft, Gateway, and all other computer/software companies in conspiracy"
Nah. The big US companies have too much to lose. It's probably a ploy from ASUS so that they can start pre-loading OS X on their netbooks....
Mostly Microsoft, at least is the only one known to had/have such plan against Apple.
I can remember that email that went public straight from Microsoft Headquarters. The one that wanted to drawn Apple with legal suits.
Since Zune and Vista are failures and the xbox platform still lacks of a real store and products.
For me looks like MS is going desperate.
Time will tell....
MS doesn't want OS X to be forced licensed, perhaps even more than Apple. MS is already losing plenty of marketshare on the OS and web browser front, if Psystar were to get their way (which they won't) all this would do would make OS X a premium and desirable OS that would be quite popular on Dell, Sony, etc. even if it was sold at a premium since Apple only sells a single version of the OS which is inline with Windows Vista Ultimate ̈Über-Düber version. Only the PC HW vendors would gain as it would allow them to pull back some of the switchers to their Windows and Linux based systems.
I wish I knew, it doesn't seem to be the money pit that it was, though write-down because of the RROD issue must have really hurt.
The word is that they are making money on each unit, but I'm sure there are still billions they need to make back before they are in the black for their gaming division.
Unlikely. Psystar's persistence almost guarantees the people behind were testing the waters for larger companies. Someone here on AI had called it a few months ago. I don't remember who it was but he had a hunch some bigger company such as Dell was seeing how far they could push this thing.
Had it been individual OSX86 hobbyists, they would have stopped their operations after the first warning from Apple. Or at least, they should have done so. There's a slight chance no larger company is behind this but it's very unlikely.
I can't wait to see who's really behind this.
I don't think you are right.
If you are right, you are more or less describing a criminal conspiracy on the part of Dell or whatever large company is supposed to be behind it. I can't see any large computer company so stupid as to resort to those kinds of (illegal) tactics. There would be nothing illegal about Dell or any other company paying the legal bills, but I would guess that's the limit of any company involvement.
I think this is going to turn out as a group of hobbyists with an exaggerated sense of self-entitlement. Sort of like that "Anonymous" nonsense with their "War Against Scientology" that was surprisingly taken seriously by the mainstream media.
Most likely a bunch of 20 something guys with no idea about history, or law, and the ardent belief that all they have to do is want something badly enough for it to be given them.
BTW....
Aren't the folks from AlienWare from Florida
Like 14 miles apart........
Something to think about.
Although I'm not saying...... but damn.
The "persons or companies" stuff is just boilerplate.
It's way more likely that these ten "John Doe's" are individuals, and very very likely that what they are talking about here is the individual hobbyists in the OSX86 community that cracked open the protection in the first place.
You can't make an argument that Psystar circumvented the copy protection without showing how they did it, where the code comes from, etc. And once you discover the "hobbyists" in question, you have to treat them the same as Psystar under the law.
It's likely that Psystar has screwed up the lives of a lot of innocent people who are now going to be charged in court.
That was my thought when I read the amended suit since Apple brought it up with DMCA violation.
I don't think you are right.
If you are right, you are more or less describing a criminal conspiracy on the part of Dell or whatever large company is supposed to be behind it. I can't see any large computer company so stupid as to resort to those kinds of (illegal) tactics. There would be nothing illegal about Dell or any other company paying the legal bills, but I would guess that's the limit of any company involvement.
I think this is going to turn out as a group of hobbyists with an exaggerated sense of self-entitlement. Sort of like that "Anonymous" nonsense with their "War Against Scientology" that was surprisingly taken seriously by the mainstream media.
Most likely a bunch of 20 something guys with no idea about history, or law, and the ardent belief that all they have to do is want something badly enough for it to be given them.
But what if they are supplying Brain power.... would that then make them liable. Think about it. If, and if where a spliff we would all be high. Apple were to license the OS again, which they wouldn't for it would seriously dilute the brand. The license fees would be prohibitive. When you factor in what the companies would have to pay in order to offset the cost of tech support. But if you can "squeeze" in on the premise of an anti trust suit. Thus forgoing having to pay Apple. You get OSX for just the price of admission....129.00. That would save the company or companies literally billions a year and also make them quite a bit of change from hardware sales.
waaah, waaah, Apple. Just give it up already. Open up your damn operating system so people can install it on their machines without getting gouged on the prices.
Give what up?! The last ruling was clearly in Apple's favor and since Psystar had all their eggs in that basket maybe they are the one that should give it up instead of dragging their customers and other people into this mess.
Thus forgoing having to pay Apple. You get OSX for just the price of admission....129.00. That would save the company or companies literally billions a year and also make them quite a bit of change from hardware sales.
That price is set for Mac users who wish to upgrade. If Psystar were to win (which is not going to happen) the first thing Apple would do is change the pricing to reflect this change.
waaah, waaah, Apple. Just give it up already. Open up your damn operating system so people can install it on their machines without getting gouged on the prices.
Drop dead. Please.
waaah, waaah, Apple. Just give it up already. Open up your damn operating system so people can install it on their machines without getting gouged on the prices.