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Mon, Mar 22, 2010 - 02:23 AM EDT  —  AAPL: 222.2499 (-2.4001, -1.07%)  |  NASDAQ: 2374.41 (-16.87, -0.71%)

Kuhgar stops selling Dell Mini 10v preloaded with Apple’s Mac OS X Snow Leopard
Saturday, December 05, 2009 - 11:20 AM EDT

UPDATE: Saturday, December 5, 2009: Kughar's "OSXONAPC.COM" website has changed to present a simple note:

December 5th, 2009 7:30am

It has recently come to our attention that installing the OS X software on anything but a Mac violates Apple's End User License Agreement. We received an anonymous email informing us of the legality issues which referenced the Psystar case and we definately don't want to recreate that case. It was never our intention to violate Apple's EULA in any way. In light of this, we have discontinued this offer.

Please send all correspondence to


MacDailyNews Take: That didn't take long.

Below is our original article, originally headlined, "Attention Apple legal: Kuhgar tries selling Dell Mini 10v preloaded with Mac OS X Snow Leopard," as posted on Friday, December 4, 2009 at 7:19pm:

According to some outfit called Kuhgar, based in Hartland, Wisconsin, you can "own the functionality of a Mac at 1/4 the cost!"

It's surprising that they bother to add the disclaimer, "The statement has not endorsed by Apple or Dell." It's wholly unsurprising that it makes no grammatical sense.

Kuhgar's site states, "The Mini 10v is everything you want in a mobile companion and more. It may be small, but you’ll be surprised by all the fun features packed inside. Exclusively from Kuhgar, buy the Mini 10v preloaded with Mac OS X Snow Leopard! Have all functionality of a Mac at 1/4 of the price! This deal cannot be found anywhere else."

The site is festooned with Apple trademarks including the Apple logo itself. And you thought the guys behind Psystar were stupid; at least they didn't try selling unauthorized Mac clones days after a judge slapped a multi-million dollar judgement on an unauthorized Mac cloner.

Kuhgar's site is here.

MacDailyNews Take: Get ready, Kuhgar, Apple's likely to go all Psystar on your ass in 10, 9, 8...

MacDailyNews Note: The disclaimer at the very bottom of the site reads, in part, "We reserve the right to refuse service to anyone," which may hint at the possibility that this company is playing PR games and wants to get noticed by offering something that will grab attention, but that they have no intention of actually selling. We'll follow up on this if and when we find out more information.

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Reader feedback page 1 of 2 pages:  1 2 >
Dec 04, 09 - 08:27 pm Comment from: Beavertail

Welcome to Kuhgar wildlife natural park, where animals eat each other!

Dec 04, 09 - 08:28 pm Comment from: smaugthewyrm

that would be a very cool unit to have.

i have doubts about how well snow leopard would run on an atom processor though.

Dec 04, 09 - 08:39 pm Comment from: GRANDxADMIRAL

Kuhgar is a reseller, according to their company website. Is this a Phystar product in a shiny new box?

Dec 04, 09 - 08:41 pm Comment from: jim

leave them alone. I think its cool people like this put SL in some laptops. Not everyone wants to pay apple's prices

Dec 04, 09 - 08:50 pm Comment from: Beowulf

@ Jim

You must have forgotten the ILLEGAL part of what they are doing.

Dec 04, 09 - 08:51 pm Comment from: Willie G

@Jim,

that's not the point. Apple is a hardware company and needs to protect their software as it is a selling point for said hardware. If Apple were to just let people do this kind of thing, there would not be an Apple Computer or further OSX development for much longer.

If you don't believe me, look up the history of Apple and focus on the clone crisis of the 90's.

Dec 04, 09 - 08:54 pm Comment from: Spark

@jim
Where to begin with people like you? Why don't you just buy a stolen MacBook from the trunk of someone's car. There is no moral difference, but at least you'll get a decent laptop with the stolen MacBook.

Dec 04, 09 - 08:55 pm Comment from: dd

Kuhgar is run by a bunch of morons.

@Jim - I agree that PEOPLE should be able to put SL on some laptops, if they wish to try it and support themselves.

I do not agree that BUSINESSES (pretend or real) should be pursuing something without Apple's blessing.

Dec 04, 09 - 08:57 pm Comment from: sparkplug

@Jim

Do you deal in "hot" products or act as a "fence"??

http://en.wikipedia.org/wiki/Fence_(criminal)

If so, please post all your pertinent contact info here for all to see and for anyone else that doesn't want to pay "apple's prices."

Dec 04, 09 - 09:04 pm Comment from: ron

They can't spell 'separate'. Losers.

Dec 04, 09 - 09:08 pm Comment from: KingMel

Who is behind these attempts to undermine the Mac? Why does one pop up as soon as Psystar looks doomed? Fans of conspiracies might say Microsoft...and is that really so absurd?

After all, there clearly isn't a profit motive. Psystar didn't make any money on their so-called "Mac clones." So why would another loser company suddenly make the same play with a portable model? If it is a play for attention then it reeks of unbearable stupidity because they actually used Apple trademarks. That is illegal even if they don't intend to sell any units (which would then constitute false advertising).

I just don't understand the fascination with Mac clones...

Dec 04, 09 - 09:22 pm Comment from: ASHOKA8350

I tried to buy one. However it does not accept either VISA or American Express credit card. Asks to use a different card. Apparently it does not accept any credit cards.

Looks like a hoaks

Dec 04, 09 - 09:24 pm Comment from: ASHOKA8350

IT IS A HOAX

Dec 04, 09 - 09:24 pm Comment from: The Other Steve

I think MDN nailed it when they suggested it was a publicity stunt by someone that could use some attention. If they don't sell any, there's nothing to sue for.

"I'm sorry, Apple just told us that we can't include OSX, but could I interest you in a . . . "

Dec 04, 09 - 09:25 pm Comment from: FloydPink

Great! kinda like putting a Ferrari engine in a Pinto

Dec 04, 09 - 09:39 pm Comment from: Ballmer T. Clown

Yeah, but hey, it comes PRELOADED with Acrobat Reader 9!!!

Dec 04, 09 - 09:40 pm Comment from: this guy

YAY WISCONSIN!

Dec 04, 09 - 10:04 pm Comment from: Wade Smith

Ain't Wisconsin the land of Cheese?

Dec 04, 09 - 10:57 pm Comment from: Optimus Nonprime

Yes, well, Apple certainly knows a thing or two about honoring legal rights now then, don't they!

"OPTI Inc. announced Friday that the U.S. District Court in the Eastern District of Texas had found that Apple infringed on patent No. 6,405,291. The extra $2.7 million was added as pre-judgment interest, bringing the total cost to Apple $21.7 million."

From an Appleinsider article.

Guess it's do as I say, not as I do.

Dec 04, 09 - 11:00 pm Comment from: What the...

@ASHOKA8350

"I tried to buy one. However it does not accept either VISA or American Express credit card."

Sooooo you entered your credit card info and it didn't work? Mkay. You don't surf the interwebs much do you?

Dec 04, 09 - 11:03 pm Comment from: What the....

@Optimus

Apparently you don't know much about the frivolity of the US District Court in the Eastern District. You might want to read up. Ridiculous patent lawsuits are their bread and butter.

Dec 04, 09 - 11:04 pm Comment from: justanotherhacker

@KingMel

"I just don't understand the fascination with Mac clones..."

This is just one of those things that Apple let themselves into when they came over to the Intel platform. Hardware and software hacking is a long and honored tradition on the Intel platform. Not condoning it, just acknowledging it's existence. Even after using Apple products for over 4 years now, I still enjoy building my own. I would love to be able to put OS X on my home brews, but I choose to honor Apples rules. Not everyone does.

In the long run, these activities won't hurt Apple that much. The legal eagles will see to that. But there will always be a few out there pushing the boundaries. It's just the nature of the beast.

Dec 04, 09 - 11:07 pm Comment from: Optimus Nonprime

@What the....

So your position is that ONLY Apple has the right to enforce their patents and all others should just live with it?

Dec 04, 09 - 11:41 pm Comment from: fredo

As an Apple shareholder myself, I don't love the idea of illegal clones but I beg to differ that there is no moral difference between buying one and buying a laptop you know is stolen from someone's trunk. The harm in the former case is distributed between millions of shareholders, it doesn't even cost a penny to any one individual, while in the latter case you utterly ruin somebody's day. Also, the average shareholder is much, much wealthier than the average car owner, so declining marginal utility means that a given amount stolen from them would likely hurt them less than the car owner even if one shareholder did bear the entire loss. Then, there is the difference between physical property and IP— while you can argue that both take work to create and that work should be rewarded, the IP case is much more complicated since there is no per se moral standard for just how long a patent monopoly should run— indeed there are very good arguments that patent (and other IP, esp. copyright) protection has been over-extended due to the lobbying of powerful monopolists, and that society would be better off with much shorter-term protections for inventions.

Finally and most obviously, you don't need to destroy additional property (breaking someone's trunk) in order to sell a clone.

While I invest in corporations like Apple and enjoy the returns I get—as well as take aesthetic pleasure from Apple products, which equally depends on their tight control of IP—I am still clear-sighted enough to know that corporations are not people, and that "stealing" "IP" from me as a shareholder is quite different from mugging me in person. I'm certainly not arguing that it's morally "OK" to steal from corporations and everyone should just go right ahead... that would be a separate argument, but there are important differences between stealing (especially IP) from a corporation and stealing from individuals that any competent ethicist would take note of.

Dec 04, 09 - 11:46 pm Comment from: Rip0ff

Could be a hoax... Know of someone who bought it?

Dec 04, 09 - 11:50 pm Comment from: kenh

"I'm certainly not arguing that it's morally "OK" to steal from corporations and everyone should just go right ahead..."

The effect of what you wrote in your post is that you actually did make that argument.

Dec 05, 09 - 12:17 am Comment from: pablo

@fredo

What has happened to the line between RIGHT AND WRONG? Stealing is wrong no matter who or what is involved.

Period.

Dec 05, 09 - 12:57 am Comment from: Maddog

Eh, who cares, just grab a 10v and Hackintosh it yourself. Mine's on it's way… smile

Dec 05, 09 - 01:13 am Comment from: Lomoco

It says "Kuhgar has no affiliation with Apple, Mac, Windows or Dell." So if they have no affiliation with "Mac" or "Windows," why are they selling computers loaded with them? Let alone have a formal business partnership with them!? They're operating systems!

Dec 05, 09 - 04:07 am Comment from: daugav369pils

@ASHOKA8350

"I tried to buy one. However it does not accept either VISA or American Express credit card."

Do you think it's wise to give a 'company' of dubious legitimacy
your credit card numbers ?

Dec 05, 09 - 04:12 am Comment from: Ampar

Don't trust a crack whore wearing diamonds.

Dec 05, 09 - 04:58 am Comment from: NHL

@jim
"... Not everyone wants to pay apple's prices"

Soooo, because you think Apple's prices are high, people should ... steal Apple's products?

Or maybe you think people should first, steal the Apple stuff, but then after a test-drive, they could just pay what they feel the Apple product is worth?

Here's an idea (maybe I'm crazy!); If you think something is too expensive, don't buy it, and do without it.

Too wacky for you?

Dec 05, 09 - 05:08 am Comment from: jdb8167

@optimus Read the article. Apple was not fined for willful infringement. There are so many frivolous patents that nearly any product is going to infringe on something.

Dec 05, 09 - 06:16 am Comment from: jim

All of you are pissed, but you're also the same ones who have and currently stealing from the music/movies industries.

Dec 05, 09 - 06:39 am Comment from: Gabriel

Note how commenters like Optimus Nonprime and jim attempt to debate the issue by changing the subject.

Face it, guys – the court overwhelmingly backed Apple's position in the Psystar case. Companies like Kuhgar (cougar?) are either trolling for attention, or being pulled by the same puppet strings controlling Psystar (and possibly SCO).

@ fredo – The problem with your post is that I see too many astroturf comments with similar opening lines. Substitute "As an Apple shareholder myself" with "I've been a Mac user since 1985" (they love that one), and the rest almost writes itself.

Dec 05, 09 - 07:14 am Comment from: Gabriel

Some independent sleuthing:

http://whois.domaintools.com/osxonapc.com

Record created on: 2009-10-27 22:09:06.0
Domain Expires on: 2010-10-27 22:09:07.0

So this is a fairly new scam, which they apparently don't anticipate running for more than a year. The registrant name is apparently CUKUH CUKUH – "cuckoo! cuckoo!" is right, if they think they can get away with this.

Dec 05, 09 - 07:16 am Comment from: Gabriel

Also, the registrant email, "bands@kuhnco.com", is associated with a site identified in some locations as "Motive Industries ::: Artist Promotion", though their webpage simply says "Technology Solutions" – and was evidently created via Microsoft FrontPage 5, of all things. Yeah, great use of "technology solutions" there, guys.

There's also a Ben Kuhn () who apparently does graphical banner ads for $7. The registrant for kuhnco.com itself is a Mark Kuhn.

"Artist Promotion", "Technology Solutions", banner ad graphics, and now trying to emulate Psystar – they sure seem to have their hands full, don't they? I wonder if their headquarters building has also mysteriously changed locations several times within the past week, too…

Dec 05, 09 - 07:47 am Comment from: MacFinder

http://www.osxonapc.com/

Error 403 Forbidden !
They are more "cleaver" than those guys from Psystar.

Dec 05, 09 - 09:42 am Comment from: Headcheese

Aaaaaaannnnnd.... they're GONE.

"December 5th, 2009 7:30am

It has recently come to our attention that installing the OS X software on anything but a Mac violates Apple's End User License Agreement. We received an anonymous email informing us of the legality issues and referenced the Psystar case and we definately don't want to recreate that case. It was never our intention to violate Apple's EULA in any way. In light of this, we have discontinued this offer.
Please send all correspondence to "

Dec 05, 09 - 10:12 am Comment from: MacTony

LOL.... It didn't take long before Apple legal had a little talk with these guys. The didn't know that they were violating the EULA?? Whatever..... publicity stunt. Apple probably doesn't have anything to stand on, but I think that they should sue them anyway. It wouldn't be the first frivolous lawsuit. smile

Dec 05, 09 - 11:25 am Comment from: ASHOKA8350

Hey...I ordered one....This is the response...

Your order from Kuhgar LLC has been cancelled Inbox X

Reply


Google Checkout to me
show details 9:30 AM (50 minutes ago)
Images are not displayed.
Display images below - Always display images from


Purchased from:
Kuhgar LLC
139 Cottonwood Ave
C
Hartland WI 53029
UNITED STATES
608 316-2002
http://www.osxonapc.com

Hello ASHOKA8350,

Kuhgar LLC has cancelled your order. You have not been charged.
Reason: Item discontinued
Comments from Kuhgar LLC:"It has recently come to our attention that installing the OS X software on anything but a Mac violates Apple's End User License Agreement. It was never our intention to violate Apple's EULA in any way. In light of this, we have discontinued this offer."
Order date: Dec 4, 2009 10:04 PM EST
Google order number: 424907773710947
Shipping Status Qty Item Price
Cancelled Items 1 Dell Mini 10v w/ OS X Snow Leopard - Dell Inspiron Mini 10v Netbook w/ Mac OS X 10.6 Snow Leopard Pre-installed 1gb Memory, 160gb HD, Wireless G, Obsidian Blac... $394.98
Tax (VA) : $0.00
Total : $394.98
Order cancelled - Your card was not charged

NOW YOU KNOW THE STORY !!!

Dec 05, 09 - 11:53 am Comment from: leodavinci

@ Pablo

"...Stealing is wrong no matter who or what is involved."

Some would argue that point.

Ever read Les Miserables?

Dec 05, 09 - 12:00 pm Comment from: Rev. Dr.

It's gone. They took it down already.

Dec 05, 09 - 12:26 pm Comment from: Journo

Behold the power of MacDailyNews.

Dec 05, 09 - 12:29 pm Comment from: Frank

1less "kuhgar" on the prowl for willing horny studs

Dec 05, 09 - 12:53 pm Comment from: almux

Of course they DO stop... 21 million $ is quite a sum...

Dec 05, 09 - 01:24 pm Comment from: Ampar

Kuhgar is a spitter.

Dec 05, 09 - 02:24 pm Comment from: Cubert

Well this is what happens when you have a company run by a bunch of horny women in their 40's.

Dec 05, 09 - 02:31 pm Comment from: LordRobin

People who want Mac OS X but don't think they should have to buy a Mac either don't get or are willfully ignoring the fact that, without the Macintosh computer, there would be no Mac OS X. It is only the profits from hardware sales that made the development of OS X a business success. Illegally installing OS X on a PC is not only stealing, it shows a great deal of disrepect towards those who created the operating system these people so desperately want.

If you think you need Mac OS X, but hate Apple for making you buy a Mac to get it, I'd like to make two suggestions. First -- learn to love Linux. Second -- go away.

------RM

Dec 05, 09 - 02:33 pm Comment from: pablo

@Jim

I always purchase anything I use online (almost all via iTunes). But I will admit prior to iTunes I did use Napster to download many songs (and I KNEW it was wrong). I am not saying I am perfect, but I know the difference.

Most of my library of 4500+ songs are ripped from my personal CD collection. Haven't bought a CD in several years now.

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