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April 15th, 2008

Attack of the clones: Psystar to battle Apple on EULA

Posted by Jason D. O'Grady @ 11:01 am

Categories: Clone, Hardware, Legal

Tags: Apple Macintosh, EULA, Apple Inc., Attack, Psystar, Desktops, Productivity, Hardware, Jason D. O'Grady

Attack of the clones: Psystar to battle Apple on EULAAs I blogged yesterday, I have fond memories of the Mac clones – that’s what compelled me to wax nostalgic there for a spell. I have since found these great photos of Power Computing’s bungee tower from Macworld Expo Boston 1996, but I digress…

Now that the memories of clam chowder and death-defying stunts over the Boston bay have faded, let’s take a look at what’s transpired since I reported yesterday on the Miami-based Psystar’s purported US$399 cost Mac clone.

For starters, Psystar’s Web site is somewhat accessible today, so you can read pages. But it still crawls.

The company changed the name of the “OpenMac” to the “Open Computer.” It was smart to drop “Mac” from their name as Apple’s lawyers have a certain fondness for it, not to mention a litany of patents and trademarks. Psystar’s owner Rudy Pedraza told Ars Technica that the name change was not due to any threats from Apple legal. “This is a proactive step we took on our own, to avoid any issues,” he said.

Psystar is still offering the Open Computer with Mac OS 10.5 pre-installed, for a $155 upcharge, which is sure to draw Apple’s ire because it’s a direct violation of the Leopard EULA, which states:

2. Permitted License Uses and Restrictions.
A. Single Use. This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time.

Information Week’s Paul McDougall spoke to a Psystar employee, Robert, who called the Apple EULA unfair and believes that it may violate US anti-monopoly laws. “What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?” Robert said.

Psystar’s Open Pro challenges Apple’s Mac Pro

Psystar is now offering an upgraded version of the Open Computer called the Open Pro. The US$999 OpenPro can be accommodate 8GB RAM, 2.6GHz Core 2 Quad processor, 1TB SATA drive, GeForce 8800GT graphics card, a mirror-finish case (pictured), and Leopard pre-installed for US$2,169. Compare that withe a similarly-configured Mac Pro at US$4,349 and you’re saving almost half.

More pictures of Psystar enclosures are in this gallery.

Would you buy an Apple clone from Psystar?

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Jason D. O'GradyJason D. O'Grady is the editor of PowerPage.org, which has been publishing daily mobile technology news since December 1995. For disclosures on Jason's industry affiliations, click here or to view Jason's full profile click here.

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Related Discussions on TechRepublic

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  • Talkback
  • Most Recent of 51 Talkback(s)
I think If I pay my money I'll do as I like
If I bought an OS I'd install it on an Atari 2600 if I so chose, I run Linux though, so no one breathing down my neck screaming "noooo don't do it" to me. But all the same, if you don't want me using ... (Read the rest)
Posted by: starcannon99022@... Posted on: 05/15/08 You are currently: a Guest | | Terms of Use
I would consider it  Badgered | 04/15/08
Somebody ACTUALLY READ a EULA?? Ha! Ha! Snort!  rickjackson | 04/17/08
Apple's OSX is illegal  JABBER_WOLF | 04/15/08
Not quite  Ken_z | 04/15/08
That is not what the EULA says:  NoThomas | 04/15/08
You finally admit that there is no SKU for full install of OS X!  NonZealot | 04/15/08
What?  aoresteen | 04/16/08
Apple sold G3s without an OS?  NonZealot | 04/17/08
Used vs New  aoresteen | 04/18/08
bookmarking...  vulpine@... | 04/17/08
They aren't subject  laura.b | 04/15/08
You can be declared a monopoly after abusing it  PB_z | 04/15/08
Re: You can be declared a monopoly after abusing it  none none | 04/15/08
Bad Analogy...  Wolfie2K3 | 04/16/08
I wonder...  Badgered | 04/15/08
that was my point  NoThomas | 04/15/08
Re: that was my point  none none | 04/15/08
I did check the EULA  NoThomas | 04/16/08
It does not matter that it is an OS  GuidingLight | 04/15/08
Lights out  Hemlock Stones | 04/15/08
I'm withGL here  John Zern | 04/15/08
Re: I'm withGL here  none none | 04/15/08
Re: Lights out  none none | 04/15/08
Re: Lights out reprise  none none | 04/15/08
Re: It does not matter that it is an OS  none none | 04/15/08
So by your reasoning  Kid Icarus-21097050858087920245213802267493 | 04/15/08
Is this company even real? Address changed from yesterday  V-Train | 04/15/08
More than likely . . .  JLHenry | 04/15/08
umm... durf  flagman01 | 04/15/08
Read again, dweeb . . .  JLHenry | 04/15/08
changing addresses  vulpine@... | 04/17/08
RE: Attack of the clones: Psystar to battle Apple on EULA  Telix | 04/15/08
RE: Attack of the clones: Psystar to battle Apple on EULA  NoThomas | 04/15/08
Apple Genuine Advantage? (nt)  GuidingLight | 04/15/08
Regardless of the legal ramifications  No_Ax_to_Grind | 04/15/08
Macs are overpriced  rpmyers1 | 04/15/08
I really miss George Ou.  none none | 04/15/08
"...It does demonstrate just how over priced the Mac is..."  vulpine@... | 04/17/08
RE: Attack of the clones: Psystar to battle Apple on EULA  Loverock Davidson | 04/15/08
I'll be surprised  Ken_z | 04/15/08
Filings will come  Loverock Davidson | 04/15/08
Company appears to be based in a home  j.m.galvin | 04/15/08
Must boycott businesses that started in a garage  NonZealot | 04/15/08
Re: Must boycott businesses that started in a garage  none none | 04/15/08
isn't EULA for the EU...?  doh123 | 04/15/08
The wording is kind of wishy-washy  Michael Kelly | 04/16/08
wishy-washy  Jens T. | 04/16/08
Sony vs Connectix seems to incicate Psystar may be OK  IAFarm2 | 04/16/08
RE: I believe  blackjack861@... | 04/16/08
A little clarity on the case  aoresteen | 04/16/08
I think If I pay my money I'll do as I like  starcannon99022@... | 05/15/08

What do you think?

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