[Macworld]

Post your comments for Filing details Apple's complaint against Psystar here

[MorrisTheCat]

>And it wants Psystar to recall every Mac clone sold.
Ouch! I don't know that this part of the complaint will get upheld (something tells me not), but if Apple does get that approved, anyone who bought one of these FrankenMacs is going to feel pretty dumb and cheated for putting any trust in this fly by night operation.
in the end though, I think Apple just wants them shut down. I seriously doubt Psystar has hurt Apple all that much. They'll most likely settle out of court, Psystar will close its Mac clone operation and end support to any buyers. And Apple will have sent a strong message to any potential cloners not to try it or face their wrath.

[fstop808]

"(You can download it for a modest fee.)" Why not just say it's $9.99 and let us decide if it is "modest" or not?

[Casademike]

They say it takes time to build a case - and that's true. But I also believe the intentionally waited a little bit so the company could get a bit more established. That way this hurts them a lot more. If they stand to lose some serious money they are less likely to ever do it again. So why not wait until they sign a lease on the fancy office and bring in that new photocopier. The more computers they sold out into the field, the more this court doc would have them crapping their pants.

[budryerson]

Apple does not appear to be complaining about the hardware itself. They are complaining that even though anyone can legally purchase a copy of their OS, fine print in the EULA prohibits that customer from installing the OS on anything that doesn't have an Apple label. If the court agrees with Apple that this "agreement" is punitively enforceable against whoever rips open the shrink wrap, then we are all in trouble. OK, maybe just I'm in trouble; but I tend to agree with Psystar and I hope that they prevail.

[MichelleEris]

You can read the "shrinkwrap agreement" before opening the shrinkwrap; it is outside the sealed item.

[Steven Carter]

Mac OS X Isn't for Sale
It is easy to forget that Apple, Inc. does not sell the Mac OS to anyone. They sell a license to use it. Apple, Inc. still retains ownership of the OS even if you have a copy of it on a DVD that they provide to you. This is similar to the way that a license to use other things is sold (e.g., theater scripts, recorded music, sheet music, etc.). You cannot buy a script to Beauty and the Beast and stage that show anywhere and anyway you like. There are specific rules for the marketing and staging that you agree to when you purchase a performance license.

[warlock7]

Sounds like a good reason to take the time to read that agreement you agreed to... :p

[GoodOlBoy]

Who would want to run the very secure MAC OS on anything other than a authentic crApple anyway?
As far as getting the machines back from the EUs... uhh yea good luck with that!

[itsjustme]

Who would want to own a machine that would not be supported by Apple? The windows world has enough trojans and viruses that are hardware specific. Why even take the chance, since most of these invasions are browser enabled, and hope the next official Apple update might address your specific hardware or problem?

[aceshelman]

Psystar's hardware would be no more vulnerable to viruses and trojans than Apple's. When was the last time Apple sent you a new <insert fancy hardware name> board for your iMac to patch a security hole?
[quote name='itsjustme']Who would want to own a machine that would not be supported by Apple? The windows world has enough trojans and viruses that are hardware specific. Why even take the chance, since most of these invasions are browser enabled, and hope the next official Apple update might address your specific hardware or problem?

[appleonly]

Violation of the EULA is only a part of the overall complaint, and does fall in that fuzzy area of whether a company can limit what the purchaser does with the purchased content. The more viable portion of the complaint deal with the copyright violations and damage to reputation. If Pystar is taking Apple's copyrighted software, modifying it, and re-distributing it, they are doing far more harm than a home computer user installed OS X on their own, personal Franken-Mac. Add to that the use of Apple's trademarks in Pystar's advertising, and you have quite a case.

[airhead]

I can't believe any body bought one thinking this wasn't going to happen to begin with.

[doglesby]

Getting the machines from the customers shouldn't be that hard. A recall means that Psystar refunds customers and takes the machines back. Given that Psystar won't be providing updates, the machines aren't exactly high quality, and many of those machines were bought as curiosities, I'd think most people would be thrilled to get some money back.
Of course, Psystar will have to (I assume) file for bankruptcy, so I don't know how they can refund customers, much less cover the damages...