License if you want to kill Psystar
(Credit: Psystar)Psystar, the homegrown computer vendor selling its brand of Open Computers with Mac OS X installed, is back in the news this week, thanks to another court filing claiming that it can do whatever it wants, courtesy of the first-sale doctrine.
Psystar contends that because it bought copies of Mac OS X from Apple and its partners, it has every right to install that software into its own brand of computers and sell the hardware to its customers.
Does it make sense? Not really. Much like Psystar's contention that Apple was operating a monopoly and abusing its copyright, the small firm's pleas to courts have been suspect, at best.
And yet Apple continues to play the legal game with Psystar and pay its lawyers to engage this annoyance in court when Steve Jobs has more pressing issues (like running a public company) to address.
Say what you will about the Psystar's court battle with Apple, but there's really an easy solution to all this, if you're Apple: license Mac OS X.
... Read morePsystar, the hackintosh developer that's selling Mac OS X on its own machines, is finally getting some backlash from Apple over its claim that Steve Jobs and company is a monopoly. Apple claims that it's not, that it has numerous competitors, and that Psystar's complaint should be dismissed with prejudice.
I can't help but agree that, yes, Psystar's complaint of an Apple monopoly is total and utter garbage, but I think the company should be supported in its fight against Apple. I know that may not be the popular opinion in Cupertino, but the way I see it, supporting Psystar could lead to significant changes at Apple that will benefit all of us.
When I say that I support Psystar, I should note that I don't really care if it succeeds or not. See, I look at Psystar as a necessary evil; a company that matters little and will probably never have any real impact on any of us directly. More than anything, I look at Psystar as a company that can help Apple fill a void that's growing more significant in the marketplace each day: the need for a more ubiquitous robust operating system.
If nothing else, Psystar has shown that Apple's control over the market isn't necessarily best for consumers. Sure, it serves Apple's purposes well as the company continues its climb in the hardware market, but it locks us down into machines that we may not want.
And if Psystar is successful in its case against Apple and is able to continue selling Mac OS X on its own brand of machines, I think you'll see a significant shift in Apple strategy that will have a lasting impact on all of us. Of course, the one casualty in all this is Psystar itself.
... Read moreIn a move that everyone was waiting for, Apple has finally sued Psystar for violating its copyright and has asked for the company's profits and a recall of all orders.
"As alleged more fully below, by misappropriating Apple's proprietary software and intellectual property for its own use, Psystar's actions harm consumers by selling to them a poor product that is advertised and promoted in a manner that falsely and unfairly implies an affiliation with Apple," Apple's suit claims. "Psystar's actions also have caused, and are causing, harm to Apple and constitute a misuse of Apple's intellectual property."
Everyone knew Apple would eventually make a move against Psystar, but I'm not too sure anyone thought the suit would feature the kind of saber rattling it does. That said, it's the smart move and one that Apple must make if it wants to get away from anything of the sort happening again.
But if it doesn't use its head and try to force Psystar to its demise, Apple will open a can of worms that it may not be able to handle so easily.
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