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[Slashdot] Psystar Claims Apple Forgot To Copyright Mac OS - Page 5

post #41 of 73
I don't know why you're all bothering to argue. We'll find out if Psystar have a case in a week or so.
post #42 of 73
Whatever the applicable IP laws, Psystar is wrong

Source [Ars Technica | New Psystar filing full of sound and fury, signifying nothing]

Quote:
Psystar's recent filing has, among its innumerable denials and 42 affirmative defenses, logical fallacies and denials of facts which can be readily proven with the most basic research. For example, Psystar outright says that Apple lacks copyrights for Mac OS X 10.5 and failed to register the OS with the US Copyright Office. A quick search of the Copyright Office's website actually shows that Apple's application for copyright was granted January 24, 2008 for "new and revised text, illustrations and compilation; new and revised computer program."
Link to Copyright Office website's record of OSX 10.5 filing

There are a lot more problems with Psystar's filing that the Ars article covers in more detail
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post #43 of 73
They are just desperately pulling on whatever branch and ledge then can find before falling into the pits of financial and legal hell. Right now they are simply throwing crap left and right in hopes that something sticks. Serves them right. When you infringe upon IP, you deserve whatever legal punishment you get. As much as I hate corporations, I have to take Apple's side on this one. Psystar is wrong and as much as PC fanboys want to hate, all of them are ******* if they can't see that.
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post #44 of 73
Quote:
Originally Posted by Havegooda View Post
God forbid someone sells a computer running OS X for less than a fortune.

~Gooda~
ya cuz than every douche and his mom can have one and use them to look at there porn and have them develop spyware for people who pay more to get a good operating system...

but hell if your one of these douches your happy
    
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post #45 of 73
Quote:
Originally Posted by un4rmed View Post
I wouldn't compare Apple to a custom pc and Dell. Apple actually makes quality products, and I'm not talking about the design of their computers. The OS, in my opinion, is better then windows. Their build quality is better then 90% better the custom pc's I've seen people make.

Also, I know what you mean by apple should have expected this to happen. They probably did, which is why they are taking legal action. It's their software.
The quality of the software cannot raise the price of the laptops 2-300 dollars more compared to a windows counter-part being that mac OSX is only 129.99 and windows is 239.99 for Vista HP.

No one can honestly say their laptops are fairly priced(before the refresh they just had). The white mac books cost more than their PC counterparts with the same exact specs in them, the only difference between the two was the OS and 300 dollars no matter what OS does not justify the difference in price. If that OS is 300 more just to have it installed, then i say just give me a empty laptop and I'll pick up the OS from a store for 170dollars less.
    
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post #46 of 73
When I was kid I grew up using Apple computers. The Apple 2, 2e, 2gs in school, and my mom got me the 2c for home, monochrome goodness! So naturally I have a soft spot for them, although lately they have been rubbing me the wrong way with their over the top protection of their logo and such. In one instance they sued a school because they used an apple logo, the kind of apple for the teacher logo!

I remember for a time they licensed their OS to make some funky clones of some sort, I think they were called Power Computing? What I am trying to get at is that Apple has to protect their one most important asset, their image. Just Google the old licensed Apple OS machines, they all failed! If anyone can make machines running their OS, and it's a piece of garbage then naturally Apple is guilty by association. So it is justified that they protect their OS.
    
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post #47 of 73
I find the attitudes of OCNer's very interesting at times.

Im so amazed (and roundly pleased) to see OCNers aren't verbally lynching Psystar. With respect, it's strange to see that copyright holder "butt-kissing" only applies to the entertainment industry. But someone goes and challenges apple on a product that is rightfully theirs and a result of not art, but a manufactured, engineered and designed product they rightly own and the whole techno-elite is behind them.

Meh, I'm just glad to be in agreement with you all for once.

Quote:
Originally Posted by ElMikeTheMike View Post
But it's still Apple's property and they can do whatever they want with it. This psystar crap is getting old. Give it up already.
Generally speaking it is usually the case, if something is purchased at retail (as Psystar is purchasing OSX) it can be resold, even modified and then resold. I don't know if special rules apply in software land, but in the world of manufactured products what I said is true.

I once did marketing for a company that sold modified units of their competitors, which was legal because we paid full retail for all the units we were modifying. The other company was completely aware of what we were doing.

Moving away from actual law now, IMO - Personal property laws should empower the user and thus nullify the EULA Apple makes people agree to. I can make someone sign a contract that says I am their Master and they have to do what I say - But you can't enforce an illegal contract. Apple's EULA should be declared illegal as thousands of contracts are ever year. It is common to write a clause into a contract that is in blatant contradiction to law.

Quote:
Originally Posted by gex80 View Post
The quality of the software cannot raise the price of the laptops 2-300 dollars more compared to a windows counter-part being that mac OSX is only 129.99 and windows is 239.99 for Vista HP.

No one can honestly say their laptops are fairly priced(before the refresh they just had). The white mac books cost more than their PC counterparts with the same exact specs in them, the only difference between the two was the OS and 300 dollars no matter what OS does not justify the difference in price. If that OS is 300 more just to have it installed, then i say just give me a empty laptop and I'll pick up the OS from a store for 170dollars less.
The Mac comes with full software packages. The PC comes with bloatware and trial software. The mac runs faster with lower spec than the PC does at higher spec. The Mac will do more things out of the box than the PC.


Quote:
Originally Posted by b.walker36 View Post
Apple should win this case. It is there software which is clear as day. They should be able to use it in any manner or form they wanted. If they wanted to just look at it on a screen and not sell it to anyone they have that right.

I do not have a mac so don't call me a fanboy. I just think people can not separate their hate for a company when a issue arises. I am talking a step into the mac world when i graduate. I just want a well built computer that will last years and there is no doubt macs have better craftsmanship then the pc counterparts.
The problem with your argument is that Apple is a company selling its products. I don;t know the last time when Toyota called me and told me how to drive my car, and likewise Apple has no right to dictate what Psystar does with the copies of OSX they are legitimately buying from Apple. And if Apple does have such a right, personal property laws need to be changed to eliminate such a right. - Unless you want Microsoft to have the power to brick your XBOX 360 when XBOX 720 comes out. Your property, should be yours and no one else'. In any other industry Psystar's actions would be considered plainly and obviously legal.
Edited by WhiteCrane - 1/5/09 at 1:24am
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post #48 of 73
Quote:
Generally speaking it is usually the case, if something is purchased at retail (as Psystar is purchasing OSX) it can be resold, even modified and then resold. I don't know if special rules apply in software land, but in the world of manufactured products what I said is true.
Special rules do apply in software land. When buying a piece of software, you don't pay for any of the physical packaging/medium it's stored on, nor do you pay for the program code/data that makes up the actual software - you pay for the licence to use the software. Now, licences do vary but in practically all cases as far as commercial software is concerned, it's illegal to transfer the licence to another user (i.e. you buy a piece of software, you can't give it to anyone else). Goes against what you've learned about buying and owning physical products... it's kinda crazy, but you don't even own the piece of software you pay for, all you have (and pay for) is the licence that tells you what you can and can't do with the software.

Of course, copyright laws and the likes vary country-to-country, which can make a difference. Some jurisdictions allow modding commercially bought software *for personal use*, or for non-commercial/educational purposes, while in the U.S., for example, such act would be illegal, regardless of use.
post #49 of 73
I'm rooting Psystar on for only one reason:


If they drag this out long enough, apple will have to divert funds from their advertising arena, which will cause them to temporarily cease making themselves look like idiots flaming Windows for flaws it doesn't have in the first place.
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post #50 of 73
Quote:
Originally Posted by bomfunk View Post
Special rules do apply in software land. When buying a piece of software, you don't pay for any of the physical packaging/medium it's stored on, nor do you pay for the program code/data that makes up the actual software - you pay for the licence to use the software. Now, licences do vary but in practically all cases as far as commercial software is concerned, it's illegal to transfer the licence to another user (i.e. you buy a piece of software, you can't give it to anyone else). Goes against what you've learned about buying and owning physical products... it's kinda crazy, but you don't even own the piece of software you pay for, all you have (and pay for) is the licence that tells you what you can and can't do with the software.

Of course, copyright laws and the likes vary country-to-country, which can make a difference. Some jurisdictions allow modding commercially bought software *for personal use*, or for non-commercial/educational purposes, while in the U.S., for example, such act would be illegal, regardless of use.
Reasonable, however is Psystar transfering the license or acting as a reseller. Newegg.com sells OSX do they not?

What if they sold OSX in its retail packaging without pre installing it for people, and merely sold their open computers "OSX ready".

Either way, it is my serious opinion that personal property laws need to change to eliminate the conditional use of licenses to allow for what Psystar is doing.
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