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Beating a dead horse

Where do they got all that monney?
Isn't there Redmond behind, ready to play some durty games?
If this came out, it woudn't even surprise me!...

Here's where journalists could proof their perspicacity!

Jul 31, 08 - 08:31 am Comment from: pastrychef

Just because Carr & Ferrell beat Apple's lawyer's once before doesn't mean they'll win again.

@almux
yur furckin aye reyet

To win the case, all Apple's lawyers need to do is have the judge try to use one of Psystar's computers.

As usual, lawyers happy to waste other peoples money and line their own pockets for no resultant good...

I think MDN is right about Apples new chipset thingy rendering the Psystars clones dead when we come to SnowLeopard. Maybe that was one of the reason Apple waited so long before they sued Psystar ,; they thought they would be finished with a new set of computers with the new chipset that would ensure OS X to tun only on macs....

I thought the point of Snow Leopard is to be optimized for the Intel processors. If a custom chipset is needed to run Snow Leopard what about all of the current Mac users that have purchased intel based macs? I think apple needs to beat Psystar legally and end the cloning issue outright.

Jul 31, 08 - 09:03 am Comment from: Think

@ t

"Custom Chipset" - The other supporting chips on the mother board.

Has nothing to do with the Intel processor. That will stay.

Jul 31, 08 - 09:03 am Comment from: minime

So where does little Psystar get the $$$ to hire lawyers?

Rumor: Psystar is a toy for Dell who is desperate to get OS X on PC's and this is the way to test it legally without tarnishing their reputation or threatening their deeper pockets.

What's wrong with the management at PissStar?

First they come up with a horrendous name, then a horrendous product and now they're pissing away investors bankrolls paying attorneys.

Even if they could sell they're pieces of crap "macs", the marketshare will not support the product in the long term.

I heard through the solar vine that Psystar is delevoping an Apple iTele clone called the Psyco Tele. Which sounds better, an Apple iTele or a Psystar Psyco Tele? I know which choice I've made for my personal intergalactic teleportation needs.

Jul 31, 08 - 09:06 am Comment from: Think

As to lawyers, even when they know they will lose, they will take a case and make plenty of money on billing for time, printouts, copying, research, sparkling water, continuances, delays, phone calls......

That is what lawyers do best. Drag out a simple case and make a fortune on billing. They don't care about anything except themselves.

Jul 31, 08 - 09:18 am Comment from: Mac-nugget

MDN take is spot on. They will be able to sell at best computers running the OLD OS. What would be very interesting is that obviously, if this was to happen, all current Macs would be rendered incompatible also to upgrade.

Jul 31, 08 - 09:30 am Comment from: Noodles Noodlemann

@ i want my iTele

Geez, give it a rest.

Jul 31, 08 - 09:44 am Comment from: Cubert

This lawsuit is VERY different from the Burst one. I can see that and I'm not even a lawyer.

I can't see anyway Apple will lose this one. OS X is their property to sell and Psystart violated the terms of that. Open and shut case!

Lawyers out there: any comments?

Jul 31, 08 - 09:55 am Comment from: Cubert

@Register or Login,

"What's wrong with the management at PissStar?"

It's two brothers who are complete hacks looking for publicity and a fast buck.

Jul 31, 08 - 10:00 am Comment from: Anonymous©

It was going to be hard to beat the Burst case, AFTER Microsoft had already lost.

Jul 31, 08 - 10:02 am Comment from: Cubert

@ Think,

I've always been amazed at how lawyers, plumbers, electricians, corporate types, etc. make so much more than our country's doctors and educators do. It just goes to show how screwed up our nation's priorities are.

Yes, I am a doctor, but this isn't entirely self-serving (although I do have a buttload of student loan debt). We are losing the best and brightest who are choosing to go into business, law, etc. rather than the professions where we need them - mainly education and health care.

I've been saying it for years (not here but to friends and family) - if things don't change soon, we will be in a full-blown healthcare crisis by 2015 at the latest.

"I think MDN is right about Apples new chipset thingy rendering the Psystars clones dead when we come to SnowLeopard"

That'll be true if Snow Leopard will not run on all existing Intel Macs. However cloning of Macs will be possible for as long as Apple continues to support the legacy Intel Macs it's currently selling.

iTelly, available now $229. Apple can't guarantee that you'll be the first person to own one, but given how well they've been selling, you can probably be the second or third.

Who cares about PissStar?

Apple WILL do a modern version of the key hardware chip that kept early Macs from being cloned.

A chip, with custom code on it can not be copied because of copyright laws, here endith the clones. Done. next?

"OS X is their property to sell and Psystart violated the terms of that. "

If you can prove that Psystar is the END USER and therefore subject to the END USER LICENSE AGREEMENT that Apple is relying on, you might be right. Of course it's just possible that Psystar is not the END USER of the systems it sells. That would leave it in Apple's hands to sue each Psystar END USER.

"A chip, with custom code on it can not be copied because of copyright laws, here endith the clones"

Actually it's well settled law from the PC Bios cloning days that you can create clean code which does the same thing and it is legal. In this case one team disassembles the Apple code and writes a spec. The other team writes code to the spec.

Jul 31, 08 - 10:31 am Comment from: Mac-nugget

@Open and Shut
The problem is not only the END USER argument. Psystar was also distributing their hardware with peinstalled OSX. You also get a closed box version. Well if they didn't open the box, then you are getting two licenses, one installed one in the box. I don't think this is entirely legal. Now, if they opened the box and installed the software, they broke the contract agreement that specifically sates that the software can not be installed on anything but a Apple branded Mac. So, however you want to turn this, the courts will have to decide, not you or me.

Jul 31, 08 - 10:32 am Comment from: Sir Gill Bates

Cubert,

For millions of individuals in this country without health insurance, the crisis is NOW.

I'm off work after having surgery and just starting to see some of the bills. What a freakin' scam this system is. I'm not necessarily talking about the doctors, but I can tell you that none of mine are suffering financially.

I just found out my insurance coverage on the wound vac I'm using is running out, and I will have to pick up the tab, which is $146 PER DAY! And that doesn't include the other needed supplies or the home nurse who comes three times a week. Needless to say, I will have to send it back and just take a lot longer to heal.

Now I know this is a limitation of my companies policy, but I figure we are lucky to even have coverage. They have to bust their butts trying to get the employees coverage that we can all afford. We usually have to switch providers every two years in order to keep costs down.

This ordeal is bad enough when you HAVE health insurance. Just imagine what it's like for the working poor who have families but no coverage.

But to a lot of the people in this country who have never gone without, it's not an issue. It really doesn't take much to get knocked down to that level today. Just lose your job and benefits and then get sick or injured. We can all easily become one of those statics we hear about.

@openandshut:
"SOFTWARE LICENSE AGREEMENT FOR MAC OS X
Single Use and Family Pack License for use on Apple-labeled Systems"

It is not an end-user licence. Unless they stole it, they are bound by its terms. And they are only licensed to install it on apple branded gear.

What is it with you people, you seem to think software is like water or basic health care. Stop whinging and use Linux or windows if you odn't like Apple gear.

Jul 31, 08 - 10:38 am Comment from: AAPLguy

@Noodles Noodlemann
"@ i want my iTele

Geez, give it a rest."

I assume it's the same person who annoyed us with camels' milk posts forever.

sigh

Jul 31, 08 - 10:38 am Comment from: Woody

alumx's English might not be so good, but he said perpi... persp... (scrolls up and does ⌘-C)... perspicacity! :D

Jul 31, 08 - 10:46 am Comment from: Sir Gill Bates

Woody,

Easy for you to say!

I had to look that one up. I thought it was a medical condition with the sweat glands.

Jul 31, 08 - 11:07 am Comment from: Eric

So, wait... The DEFENDANT has retained an attorney who has experience representing a PLAINTIFF in a prior case having obtained only a SETTLEMENT, rather than finding an attorney who has represented a DEFENDANT who has taken the case to trial and won?

I'm no lawyer, but something tells me this is nothing but legal grandstanding. I can't really see this attorney's experience with Apple being meaningful in the least in this case.

Jul 31, 08 - 12:03 pm Comment from: LordRobin

@Eric -- You're dead on.

Gee, it sure took a long time for them to hire lawyers, didn't it? How long has it been since the lawsuit was filed? They got representation right at the deadline for response.

I think it's pretty clear what's going on. These idiots are in over their heads and had no clue how to respond to the lawsuit. I believe the law firm contacted them, and is doing the work pro-bono for the publicity.

------RM

Jul 31, 08 - 12:08 pm Comment from: El Guapo

@Cubert

I've always been amazed at how lawyers, plumbers, electricians, corporate types, etc. make so much more than our country's doctors and educators do.

You're putting doctors and educators in the same boat? Think again. Financially, educators have it FAR worse than doctors!

In Arizona (where I've been teaching for 20 years), beginning teachers earn an average of $28,844 and the overall average teacher salary is $44,672. What's the average salary for a doctor?

Would it really be all that bad if OSX becomes available to everyone?

Jul 31, 08 - 01:36 pm Comment from: Micro Me

@Cubert. You could always try clearing some of that student debt by putting your third person into movies.

Jul 31, 08 - 02:11 pm Comment from: Cubert

@ Sir Gill Bates,
I know. 60% of my patients have no insurance, and many are illegal immigrants, so I understand. Sorry to hear about the surgery - sucks. Hope you recover OK, including financially.

@ El Guapo,
I did mean that teachers are well underpaid. That was one of the points of my rant. My father is a retired teacher.

Physician incomes have remained stagnant for over 30 years (for the most part) resulting in an actual decrease in buying power when inflation is factored in. Let me just say that with my student loan payments I cannot buy a house in Philadelphia (at least that I would want to live in - and I'm not a snob) with just me paying the mortgage. I would need to have a girlfriend or someone help out.

@ Micro Me,
How do you know that I'm not?

Teachers are WAY overpaid

Jul 31, 08 - 02:49 pm Comment from: El Guapo

@Cars
Teachers are WAY overpaid

So's your mom!

Jul 31, 08 - 05:30 pm Comment from: Sir Gill Bates

Cubert,

Thanks buddy, I appreciate that. Sorry I'm so long winded.
That sucks about buying a house. Some of those big city prices are insane.

I love "beaten" as if lawsuits are just sporting events between lawyers. Ummmm, presumably the facts of the case and the law itself has some impact.

"presumably the facts of the case and the law itself has some impact."

Yes, but most cases don't go to trial, especially those where the legal issues are clear. For those that do, persuasive arguments can be made that each side is right, the quality of the players has a big effect.

Good Day. To have a right to do a thing is not at all the same as to be right in doing it.
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