July 16th, 2008

Apple wants Psystar to snatch back Mac clones from customers ... and other thoughts

Posted by Adrian Kingsley-Hughes @ 8:01 am

Categories: Apple, Legal

Tags: Apple Macintosh, Apple Inc., Psystar, Apple Mac OS, Desktops, Operating Systems, Software, Hardware, Adrian Kingsley-Hughes

The revelation yesterday that Apple had filed suit against the Florida-based Mac-clone outfit Psystar generated a lot of commentary and questions from readers. So much so that I’ve decided to try to cover some of them in this post.

Why is Apple suing Psystar?

Well, to put it simply, Apple believes that Psystar has no right to sell systems pre-loaded with the Mac OS X.

Read the full complaint here.

Isn’t this just a case of Psystar breaching Apple’s EULA (End User Licensed Agreement)?

No. On the face of it this suit might seem a little petty given that each copy of Mac OS X that Psystar was selling was legitimately purchased, but Apple claims that Psystar’s Open Computer and OpenServ systems run a “modified unauthorized version of the Leopard operating system.” Psystar has also been pushing modified versions of Apple’s security updates (modified so that they’ll work on Psystar’s machines) via its website.

So this is just an issue of intellectual property infringement?

No. In the suit filed, Apple has also been quite scathing about the quality of the systems that Psystar is selling:

Online commentators have reported that Psystar’s computer is “missing stuff like iLife, Bluetooth. an IR receiver, DVD burning and the ability to update your computer,” is “LOUD, Crazy Loud,” it “breaks the OS’ automatic updates,” and that “video was DOA right out of the box. No signal going to monitor Boot up is moot point as there is nothing to see.” Of Psystar itself reviewers have written “they have no quality control,” “lousy tech support,” and “All I want to do is return the computer and get a refund.” Likewise, it has been reported that Psystar has repeatedly changed location, this its office could not be found and that its first on-line payment processor terminated Psystar’s account.

So if Psystar stop selling the Open Computer and OpenServ, it’s in the clear?

No, Apple seems to want to take things a lot further than that. For starters, Apple claims that “Psystar’s actions have been committed with intent to damage Apple and to confuse and deceive the public” and that “as a direct and proximate result of Psystar’s infringing conduct, Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial.”

Not only does Apple want Psystar to stop selling Mac clones, it also wants Psystar to recall ALL the Mac-clone systems sold since April.  

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