November 16th, 2009

Psystar massacred in court (Updated)

Posted by Jason D. O'Grady @ 1:00 am

Categories: Clone, Legal, Psystar

Tags: Psystar, Apple Mac OS, Desktops, Apple Mac OS X, Operating Systems, Software, Hardware, Jason D. O'Grady

Mac clone maker Psystar was dealt a significant legal blow on Friday when federal judge William Alsup ruled (PDF) that it violated Apple’s copyright and the Digital Millennium Copyright Act.

Groklaw called the ruling by  “a total massacre” noting that Psystar’s first-sale defense went down in flames. Psystar’s motion for summary judgment on trademark infringement and trade dress was denied as was its illusory motion for copyright misuse.

Ouch.

And that’s not the end of it. There are still issues to be decided, namely Apple’s allegations of breach of contract; induced breach of contract, trademark infringement and trademark dilution. A hearing is scheduled for December 14 to review remedies. And somewhere in Florida there’s a very fat lady singing.

Suffice it to say that Psystar would have a tough time recovering from Friday’s ruling. And it’s a shame too because Psystar filled a need in the market for an expandable desktop computer at an inexpensive price that happened to run Mac OS X. The only problem was that that last part was ruled illegal by a federal judge which pretty much put the last nail in the coffin of the scrappy little company from Florida.

At press time, the Psystar Web site was still open and accepting orders. If you want a souvenir, you may want to get your order in while you still can.

Should Psystar appeal the ruling? Will they continue to sell PCs without Mac OS X?

Tip: Groklaw

Picture: The Small Wave

Update: Psystar open sourced a bunch of their software tools in the wake of the federal judge’s ruling.

November 12th, 2009

Psystar: Cocaine, car crashes and a chance to beat Apple

Posted by Jason D. O'Grady @ 12:01 am

Categories: Clone, Hackintosh, Mac OS, Psystar

Tags: Car, Apple Inc., Psystar, Rudy, Apple Mac OS X, Apple Mac OS, Desktops, Operating Systems, Software, Hardware

Tim Elfrink wrote a lengthy piece for the Miami New Times that chronicles the ups and downs of Florida-based Mac cloner Psystar.

Psystar assembles PCs with off-the-shelf components and ships them with Mac OS X pre-installed under the Open Computer brand. In July 2008 Apple sued and in August 2009 Psystar countersued.

While a normal company might hunker down and try to avoid the ire of its litigator, Psystar decided to poke the Leopard in the eye and released a build your own Hackintosh kit as the case drags through the courts.

“We’re all in, baby,” Rudy Pedraza says, grinning wildly. “Go big or get the hell out.”

The New Times piece goes into great length about the background of Psystar founders and brothers Robert (pictured) and Rudy Pedraza and reveals their father, Rodolfo, was convicted of selling a pound of cocaine and sentenced to ten years in federal prison in 1993.

A bad car crash in 2007 gave Rudy the impetus for getting Psystar up and running, quickly.

“I almost died! And that was not even from a risk I had taken; it just happened,” he says. “I realized you can’t wait for tomorrow. You just have to go.”

Rudy explains how it wasn’t Psystar’s mission to specifically target Apple Inc.

“It’s a common misconception that we set out to challenge Apple,” Rudy says. “I kind of wish we had, because we probably could have approached this from a much more logical starting point. But that’s not how it happened.”

Psystar may have inadvertently started a revolution. A cottage industry of Hackintosh cloners has developed and several companies, including Quo Computer, PearC and RussianMac, are now offering Mac clones at substantially cheaper prices than Apple’s least expensive Mac. And all of them are pulling for Psystar in its ongoing battle with Cupertino.

Where do you stand on the hackintosh debate? Should Apple be able to enforce its EULA or is Apple monopolizing the market for premium computers?

It’s a great read.

May 27th, 2009

Poor economy saves Mac community from clone crap

Posted by David Morgenstern @ 10:20 am

Categories: Apple, Clone, Psystar

Tags: Apple Macintosh, Psystar, Desktops, Hardware, David Morgenstern

According to Mac clone maker Psystar, it wasn’t the continuing pressure of Apple’s legal department, nor its dubious technological and market proposition, that did the company in. Rather, it was the economy and its declining profit margin. Potential customers should be thankful that they dodged a bullet.

In a Between the Lines blog post from my colleague Larry Dignan, Psystar’s filings with the bankrupcy court tell the company’s side:

Due to the weakened economy, Debtor has had no alternative but to commence these Chapter 11 proceedings. Debtor sales have been greatly affected by the decrease in consumer spending. The financial crisis has also caused creditors to tighten up their terms and become more demanding for immediate payment. Debtor’s vendors due to their own financial problems are not being able to supply all necessary items to allow Debtor to produce their product, thus, forcing Debtor to pay higher prices for parts in order to fulfill customer orders in a timely manner and to assure satisfaction with the product. These factors seriously contribute to the Debtor not being able to turn a significant profit in each sale.

As I wondered a year ago,  were there really enough suckers in the Mac market (or who want to be in the Mac market) to buy these machines? In the post, I ran down the companies that were in the Mac clone market in the mid-1990s, when Apple signed licensing agreements and how that situation differed from Psystar’s situation.

Read the rest of this entry »

May 7th, 2009

Is Psystar planning a netbook?

Posted by Jason D. O'Grady @ 8:54 am

Categories: Clone, Hardware, Netbook, Psystar

Tags: Notebook, Apple Macintosh, Apple Inc., Netbook, Psystar, Netbooks, Nettops & MIDs, Hardware, Jason D. O'Grady

Miami-based Apple clone maker Psystar may be planning to sell a netbook pre-configured with Mac OS X.

A year after entering a headline-grabbing legal battle with Apple’s legal department over its Mac-compatible Open Computer, Psystar is still selling its Macintosh clones pre-loaded with Mac OS X.

Psystar alluded to releasing an “aggressively-priced” notebook computer in October 2008 but hasn’t yet released a Mac OS X notebook. Some suggest that a Psystar netbook may simply be an extension to its notebook initiative, but nothing official has been announced.

Psystar hasn’t been sitting still though, it has released desktop Mac clones with Blu-Ray drives and even a rack-mounted Mac clone (starting at $1,155) to compete with Apple’s xServe.

Personally, I love the idea of a clone netbook, because I use one now (a hackintoshed Dell Mini 9). More hardware choices are always better for the consumer and if Apple won’t release a netbook people will find a way to make their own.

With Apple-branded netbooks and tablets being rumored recently, Psystar would most likely wait to see what Apple has up its sleeves for WWDC in June before making any announcements.

Previous coverage can be found in the netbook category.

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October 29th, 2008

Psystar planning Mac OS X notebook

Posted by Jason D. O'Grady @ 8:35 am

Categories: Clone, Mac OS, Psystar

Tags: Apple Macintosh, Newsletter, Mobile, Apple Mac OS X, Corporate Communications, Notebooks, Advertising & Promotion, Operating Systems, Software, Apple Mac OS

A spokesperson for Psystar tells AppleInsider that the company is working on its first Mac notebook clone, which it will “price aggressively.”

Although there is no mobile open computer at the moment, I can tell you that it is something that is in development. Once we release a final product, it will be posted on our website along with an automatic notification for all Open Computing newsletter subscribers.

No release day or price has been set for any potential mobile product line. However I can assure you that at release it will be very competitively priced.

I wonder if it’ll also be the first OS X notebook to include a Blu-Ray optical drive, like Psystar’s other new Apple-compatible desktops.

August 27th, 2008

Psystar countersues Apple for anticompetitive business practices

Posted by Jason D. O'Grady @ 6:11 am

Categories: Clone, Hardware, Legal, Psystar

Tags: Apple Inc., Psystar, Apple Mac OS, Operating Systems, Desktops, Software, Hardware, Jason D. O'Grady

Those following the Psystar saga will be interested to know that the Miami-based clone maker has fired a salvo in their legal battle with Apple. Psystar has been selling Apple clones with Mac OS Leopard pre-installed since April 2008.

At a press conference yesterday Psystar CEO Rudy Pedraza said that his company is answering Apple’s copyright infringement lawsuit Tuesday with a countersuit alleging that Apple engages in anticompetitive business practices.

According to a CNet piece by Erica Ogg Pedraza will sue Apple…

…under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple’s tying of the Mac OS to Apple-labeled hardware is “an anticompetitive restrain of trade,”

Psystar’s attorney’s are asking that the court invalidate Apple’s EULA and for unspecified damages. Apple has 30 days to respond to Psystar’s countersuit.

Read my previous Psystar coverage here.

August 14th, 2008

Psystar requires Acknowledgement of Sale letter to receive restore media (updated 3x)

Posted by Jason D. O'Grady @ 11:05 am

Categories: Clone, Psystar

Tags: Media, Customer, Apple Inc., Letter, Psystar, Apple Mac OS, Advertising & Promotion, Fax, Operating Systems, Software

Psystar sent an email late yesterday to all customers of their Mac-compatible Open Computer with a subject of “Open Computing Restore Delivery” or “Open Computing Restore Media.”

The email says, in part:

Thank you for purchasing one of our Open Computing products. We at Psystar are dedicated to offering our customers the best computing experience possible and with that in mind have developed a set of helpful utilities for our users, that we are offering at no extra cost. All we ask is that you fill out the attached form and return it to us so that we may process the shipment of your utility media. If you wish to return the form via fax you can send it to us at … (deletia)

For customers who purchased an Open Computing product with Apple’s OS X Leopard we have developed a revolutionary utility that will allow you to reinstall your operating system directly from your original Leopard installation DVD. This utility will also allow you to boot into the Leopard Installation DVD’s service console to perform advanced functions.

(Emphasis mine)

More details are posted on the Psystar Web site:

Customers who purchased Open Computing products with Apple’s OS X Leopard will receive a disc that will allow them to reinstall their OS should something go drastically wrong or if they feel like getting a new start on their Open Computing. This utility will allow your Open Computer to boot from the native Leopard installation DVD.You can also boot into the service console with the restore disc as the service console lives in the installer from the OS X DVD. It’s a very straightforward procedure that will bring more functionality to our Open Computing products.

Sounds simple enough, right?

The funny part is that in addition to requiring credit card information, the machine’s serial number and Psystar tracking number the Psystar letter is called an Acknowledgment of Sale and includes the following statements “I am satisfied with my product, my 7-day return period is over” and  “I do not intend to dispute the purchase of my Open Computer product.”

The full letter is posted here (PDF).

The letter looks suspiciously like a legal document that Psystar may be using in their defense against Apple’s lawsuit filed on 3 July.

“See Apple, we have n customers that have acknowledged the sale of their machines and have agreed not to dispute its purchase.”

What are your thoughts on the letter? Should I send it in? Any legal begals care to chime in?

Read more about my experience with the Psystar Open Computer here.

Read the rest of this entry »

July 15th, 2008

Apple to Psystar: See you in court

Posted by Jason D. O'Grady @ 10:39 am

Categories: Clone, Hardware, Legal, Psystar

Tags: Apple Macintosh, Shenanigan, Apple Inc., Ina Fried, Psystar, Desktops, 3G, Hardware, Cellular Phones, Consumer Electronics

Fellow ZDNet blogger Adrian Kingsley-Hughes broke the story that Apple has finally had it up to here with the shenanigans of Mac cloner Psystar. By shenanigans I’m referring to the Florida company’s practice of shipping its US$399 Intel clones with Mac OS 10.5 Leopard pre-installed in direct violation of Apple’s End User License Agreement (EULA).

Psystar has been shipping their wonderful cloned Macs (a.k.a. Hackintoshes) since April 2008 and I’ve been using one ever since – and it’s performed well. Click on the Psystar category to read more of my previous coverage.

A report by News.com’s Ina Fried reveals that the suit was filed July 3 in U.S. District Court in Northern California but the complaint itself is not available. An Apple representative told Fried that “We take it very seriously when we believe people have stolen our intellectual property.” Psystar has yet to comment, but clearly must have been expecting some sort of action eventually.

The real question is why Apple waited three months to file suit. Personally I think that they had their hands full with the iPhone 3G announcement and wanted to get that out of the way first.

What’s your theory?

June 5th, 2008

Psystar offers 10.5.3 update for Open Computers

Posted by Jason D. O'Grady @ 6:04 am

Categories: 10.5, Clone, Leopard, Psystar, Software Update

Tags: Update, Apple Inc., Computer, Machine, Productivity, Apple Mac OS, E-mail, Corporate Communications, Desktops, Web Site Development

In an email to owners last night, Mac cloner Psystar announced that they’ve made available a version of Mac OS 10.5.3 that’s safe to install on their Open Computer Mac clones. The update must be downloaded from Psystar’s Web site and is not available via Software Update.

In the email the company says “Apple has released a significant update to Leopard, version 10.5.3, and in turn we have created a scripted installer which will allow Open Computing users to perform this update while ensuring that your computer remains fully functional.” They go on to warn that “you should not download this update directly from the Apple website as it may cause your system to become inoperable.” (emphasis mine.)

Please read the following and make note of it because it will be important when you update your Open Computing product:

• You must have your retail copy Mac OS X Leopard CD in the CD-ROM drive to be able to install this update
• This update will require you to restart your computer once it is complete
• Although the scripted installation is a little over 1MB, the 10.5.3 update from Apple is a very large (over 500MB) download that may take a very long time to download depending on the speed of your internet connection. The scripted installer will download it for you during the installation process
• You must select the appropriate model of computer (Open or OpenPro) and the appropriate model video card when prompted or else your machine may not have video upon reboot
• After the installation is complete and the machine restarts the machine will enter the Apple loading screen for approximately 5 minutes and then reboot (although this process may take longer). Once the machine reboots again it will return to a normal functioning state. It is imperative that you do not reboot the machine prematurely. Rebooting the machine early may cause undesirable effects including, but not limited to: broken operating system.

May 28th, 2008

Psystar offering new chassis; automatic software updates; $299 OpenLite

Posted by Jason D. O'Grady @ 11:19 am

Categories: Clone, Psystar, Software, Software Update

Tags: Chassis, Software Update, Psystar, Linux, Desktops, Patches, Tools & Techniques, Open Source, Operating Systems, Software

In an email to customers Mac cloner Psystar is promoting new features of their updated Open Computer, including

• New V2 chassis, virtually silent, studier steel construction, and tool-less to boot!
• 4 Day > build/ship time
• OpenPack cumulative service update–including all previous fixes as well as new fixes
• Automatic Updates (please note this requires the installation of our OpenPack OP1)
• New RealTek Driver (source available on our website)
• OpenLite, or new lower cost Linux desktop alternative

Our new V2 chassis is near-completely tool-less a low-RPM 90mm fan for continuous cool and quiet operation. At Psystar we know time is of the essence, so we’ve increased our production capacity exponentially to ensure your product ships to you within 4 business days.

In the past, Psystar has released a number of individual fixes for our line of Open Computing products. With the release of OpenPack OP1, our latest cumulative update package, all known networking and graphics issues have been resolved. Once downloaded, OpenPack OP1 enables you to receive automatic updates for your system via Apple’s native software utility.

In addition to the new chassis and software updates Psystar is now offering the US$299 OpenLite.  An economical Linux desktop that comes in the same new chassis as the Open Computer at a lower cost and suports several flavors of Linux and Windows XP or Vista Home Edition. Mac OS X is not supported on the OpenLite.