Having diligently hewn Psytar's legal coffin over the past year and a half, Apple has now taken up its hammer and set about nailing the Mac clone maker into it. This week, the company called for a permanent injunction against Psystar's operations.
"Psystar...has built its business on infringing Apple's copyrights and trademarks, free-riding on Apple's research and development efforts, and trading on Apple's hard-earned reputation for high quality, innovative and easy-to-use computers," Apple said in its motion.
"Psystar's appropriation of Apple's intellectual property and goodwill has been systematic and brazen, from the name of Psystar's 'OpenMac' computers to its deliberate pirating of Apple's Mac OS X," the company added.
"Psystar even seeks to profit from Apple's efforts to protect its rights, extolling this litigation as Psystar's 'opportunity to gain market share,' in a pitch to venture capitalists....Unless Psystar is permanently enjoined, it will not stop its unlawful conduct-conduct that is causing irreparable harm to Apple's business, brand and goodwill."
Catch that? Psystar was pitching VCs on its plan to use Apple's IP to "compete directly against Apple." Shameless. Little wonder Cupertino is so intent on burying the would-be rival.
And make no mistake, Apple legal is going to grind Psystar into fine silicon dust. In addition to the injunction, Apple is requesting compensation for legal costs and statutory damages owed under the Copyright Act and the Digital Millennium Copyright Act. And according to Apple's expert witness (PDF), statutory damages for the former should run "between $1500 and $300,000″ and for the latter "between $449,500 and $4,495,000."
Suffice it to say, that's quite a bit more than the current value of Psystar's assets which, according to its bankruptcy filing, are no more than $50,000.
Story Copyright (c) 2009 AllThingsD. All rights reserved.
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eBay is playing virtual Santa this holiday season with a free "Deals" app for the iPhone that leads consumers to the better buys on the auction site.
Launched Tuesday, eBay Deals is designed to deliver a stream of the best deals on the site from across hundreds of millions of listings. Like eBay Mobile, the company's regular iPhone app, Deals lets you search, shop, and pay for your items from your iPhone or iPod Touch.
All featured deals spotlight items with no bids, no reserve price, free or fixed-rate shipping, and less than four hours remaining to bid.
You can browse deals across eight categories, including apparel, computers, electronics, and collectibles. If you spot a deal you like, just tap on it, and its listing pops up where you can watch it or bid on it. Not crazy about the current deals? Just shake your iPhone or iPod Touch, and a new set of deals appears.
If you spot a deal that may be better for someone else, you can e-mail it or share it via your Facebook or Twitter account.
Besides browsing eBay's virtual aisles, you can search for your own deals by entering a product name, category, and price range. You can save your customized search results to return to them later.
Starting Friday, eBay will also be unveiling a "12 Days of Deals" feature promoting a new promotion each day until December 8. Friday's deal will offer Samsung's N120 Netbook.
"As the world's leading online marketplace we have insights into how people really want to shop...and they clearly want to shop on their phones," eBay Marketplaces President Lorrie Norrington said in a statement.
Though designed for the mobile crowd, eBay's daily deals can also be found online at the auction site's Deals page.
eBay has been busy lately sprucing up its mobile auction site for the holidays. The vendor recently added social networking to its eBay Mobile app, letting you share a listing through e-mail, Facebook, or Twitter.
Since its launch in 2008, eBay's mobile app has been downloaded more than 5 million times, said the company. With a purchase made every two seconds, the company said, more than $500 million worth of items are likely to be traded through eBay mobile this year.
It seems that Apple doesn't respect Verizon's Droid phone quite as much as it does Microsoft's PCs. But two new ad spots, launching Monday evening, come as close as Apple has done thus far to directly attack the allegedly do-it-all robotphone.
The Droid, you see, went after Apple in its teaser campaign with some telling remarks and the hearty claim that Droid does what the iPhone doesn't. Then Verizon decided it would be fun to knock both the iPhone and AT&T's spotty 3G coverage with its "Misfit Toys" concept.
AT&T has already replied by hustling a hastily-dressed Luke Wilson into directing a few resentful pins at Verizon's effigy. However these new ads, while entirely in keeping with the iPhone tone and style, end with a line that expressly assaults the doings of Droid--or rather, its alleged non-doings.
Both ads focus on the iPhone's ability to allow you to use voice and data capabilities simultaneously over the AT&T network. By asking gently at the end of each spot "Can your phone and your network do that?" Apple is bursting what it sees as the inflated stealth bombing that accompanied the launch of the Droid.
Apple iPhone Ad - Did You See My Email? from Arik Hesseldahl on Vimeo.
Apple iPhone Ad - What Time's The Movie? from Arik Hesseldahl on Vimeo.
These ads don't mention the Droid or Verizon by name. But the fact that Apple has decided to address its rivals, however obliquely, suggests that one can look forward to more accusations, more bickering, and more attempted one-upmanship.
'Tis the season of goodwill, after all.
Apple's App Store has been a runaway success, but it's also been mired in controversy due to the application approval process. The company, however, isn't making apologies for its stringent gatekeeping and insists it's acting in the best interest of its customers.
(Credit:
Apple)
"We've built a store for the most part that people can trust," Phil Schiller, Apple senior vice president of worldwide product marketing, told BusinessWeek in an interview posted Monday. "You and your family and friends can download applications from the store, and for the most part they do what you'd expect, and they get onto your phone, and you get billed appropriately, and it all just works."
Schiller offered BusinessWeek a breakdown of app rejections. Of the applications sent back to developers, about 90 percent are due to technical issues and simply need code tweaks to make the apps work properly.
About 10 percent are rejected because they try to steal personal data or try to help someone break the law or because they contain content that Apple considers inappropriate, BusinessWeek reported.
About 1 percent are turned away for reasons that fall into gray areas, Schiller told BusinessWeek.
One of Apple's latest run-ins with a developer was over the use of Apple product images in Rogue Amoeba's audio-streaming app called Airfoil Speakers Touch. After three-and-a-half months of back and forth over an update for the already-live app, Apple is apparently going to let the company resubmit the app update with the product images intact as originally submitted. However, the ordeal has apparently soured Rogue Amoeba on future development for the App Store.
"At this time, we have no plans to return to the platform," Rogue Amoeba CEO Paul Kafasis told CNET on Monday. "Apple has corrected one small problem with their review process. But the platform as a whole still has many issues that need to be addressed before we consider it a viable place for our business to commit resources."
The App Store currently has more than 100,000 third-party applications available for download. Apple has reported more than 2 billion downloads since the online store opened in July 2008.
Another iPhone worm has been spotted in the wild.
Unlike the previous exploitation, which merely changed a jailbroken iPhone's wallpaper to a picture of Rick Astley of "Rickrolling" fame, this new threat allows hackers to steal sensitive information.
According to security firm Sophos, which wrote about the exploitation after a Dutch ISP spotted it late last week, the worm attacks jailbroken iPhone and iPod Touch devices only.
The worm "uses command-and-control, like a traditional PC botnet," Sophos wrote in a blog post on Saturday to warn users about the exploit. "It configures two startup scripts, one to execute the worm on boot-up, and the other to create a connection to a Lithuanian server to upload stolen data and cede control to the bot master."
Jailbreaking, which has been around for about two years, is a hack that enables iPhone and iPod Touch users to download applications unavailable through Apple's App Store.
Sophos wrote that the worm attacks users on several ISPs, including UPC in the Netherlands, Optus in Australia, and T-Mobile in several countries worldwide. Worse, the worm spreads faster on a Wi-Fi connection than a 3G connection. Users with affected devices might notice extremely short battery life while on Wi-Fi. According to Sophos, that's mainly due to the worm engaging in "so much network activity."
When a device is infected, it's assigned a unique number so that the attackers can easily pinpoint a single device. It also looks for authentication systems that use SMS, better known as mTANs. mTANs are frequently used by banks that send an SMS message with a password to mobile phones, allowing people to log in to their online accounts, Sophos wrote.
In essence, this threat is serious.
Sophos recommends that people with infected iPhones and iPod Touch devices restore them back to Apple's most recent firmware update. For now, there is no other way to fix the problem.
Don Reisinger is a technology columnist who has written about everything from HDTVs to computers to Flowbee Haircut Systems. Don is a member of the CNET Blog Network, and posts at The Digital Home. He is not an employee of CNET. Disclosure.
Apple's iPhone platform has attracted a wide range of developers, including many gaming companies over the last year. While competition in attracting developers is increasing among mobile operating system companies, it seems the performance of the App Store will keep Apple at the top of list.
French mobile gaming company Gameloft said at an investor conference on Friday that it is cutting back its investment in Android in favor of the iPhone, according to a Reuters report. Gameloft's finance director Alexandre de Rochefort said "many others" were doing the same thing, although he didn't mention the other companies by name.
Rochefort said the main reason for choosing the iPhone over Android was "due to weaknesses of Android's application store."
"It is not as neatly done as on the iPhone. Google has not been very good to entice customers to actually buy products. On Android nobody is making significant revenue," said Rochefort.
Gameloft has more than 75 games available in the App Store and Rochefort said they sell 400 times more games for the iPhone than they do for Android.
Games are a big focus for Apple, especially with the release of its newest iPod Touch in September. It was there that Apple began comparing itself to the gaming elite like Nintendo and Sony.
Phil Schiller, Apple's senior vice president of Worldwide Product Marketing, said during the event that the buying experience was "too expensive" and "not a lot of fun." Schiller also pointed out that, at the time, there were more than 21,000 gaming titles on the iPhone, compared to 3,600 on Nintendo, and 600 on Sony.
Earlier this month, Apple said it had more than 100,000 apps available with over two billion downloads.
I have nothing against smoking, save for the difficult odor that emanates from every part, breath, and piece of clothing belonging to a smoker. I could no more live with a smoker than I could live with a third ear perched off the end of my nose.
However, I am embalmed in a curious sympathy after reading a report from The Consumerist concerning two Mac users whose AppleCare warranties appear to have been voided due to the presence of cigarette smoke in their homes.
One, named Derek, recounts the tale of his overheating black MacBook. He took it into the Apple store in Jordan Creek, West Des Moines.
He told The Consumerist: "Today, April, 28, 2008, the Apple store called and informed me that due to the computer having been used in a house where there was smoking, that has voided the warranty and they refuse to work on the machine, due to 'health risks of secondhand smoke.'"
He continued: "Nowhere in your AppleCare terms of service can I find anything mentioning being used in a smoking environment as voiding the warranty."
Derek's resulting appeal to the office of Steve Jobs bore him no joy, so he resorted to blowing some compressed air at the machine, leading it to restart its wondrous functions.
Then along came Ruth, who took her son's iMac to an authorized repair center. After five days, they apparently told her they couldn't work on it because it was contaminated with cigarette smoke and was therefore a bio-hazard.
... Read moreIs Apple an enterprise software or hardware company? That's the question Gartner's Nick Jones asks, ultimately answering with "you have to have a pretty relaxed definition [of enterprise] before Apple fits it."
"Enterprise" is defined by the company you keep.
With this definition in mind, Apple clearly fits the "enterprise" moniker, whether Apple wants it or not. As BusinessWeek reported back in 2008, the Mac is finding its way into enterprise computing, with or without the IT department's blessing. Ditto the iPhone.
Is it somehow less enterprise because the CIO didn't issue a policy giving permission?
Maybe "enterprise" means something more than "gets used a lot within the enterprise." In fact, Jones points out a few reasons he, personally, doesn't feel Apple is an enterprise vendor:
Apple does the bare minimum for enterprises, they aren't deeply committed to security, management, road maps, low TCO and so on. And they don't open up the architecture of iPhone enough for third parties to fill the holes.
But, again, is this really how we should define "enterprise?"
It reminds me of the criticisms leveled at open-source software early in its adoption. Originally Linux, for example, wasn't considered "enterprise grade" or "enterprise ready," presumably because it didn't meet Jones' hurdles above.
Now, however, Linux is considered an essential enterprise technology. What changed? Nothing...except adoption.
Here's a test for Jones: while Gartner pooh-poohs Apple's iPhone as an enterprise mobile device, perhaps for a variety of good definitional reasons, will it hold to such a rationale once the iPhone's market share within the enterprise dwarfs that of Windows Mobile, which has lost a third of its market share since 2008?
Seriously, at some point it won't be enough to listen to Microsoft's Ray Ozzie deprecate the iPhone's enterprise credentials because its 100,000-plus applications are "not very deep" and lack the "thousands of man years" that have gone into the applications that run on Windows. It won't make sense. Why? Because no matter how "enterprise grade" those Windows Mobile applications are, few within the enterprise are using them.
Enterprise is as enterprise does. Would you rather work for the company that builds software for the enterprise, or would you prefer to work for the company whose software gets used by the enterprise?
If you can have both, great. But it's silly to say Apple isn't an enterprise company simply because it sells to the enterprise without even trying.
A new report from Digitimes on Thursday says Apple's anticipated tablet will not be released in the first part of 2010 as originally thought, but rather in the second half of the year. One industry analyst said the timing of the release is irrelevant to Wall Street.
According to Digitimes, Apple will delay the release of the long rumored tablet because it has decided to change some of its components. Citing unnamed sources, the report says Apple will launch a model using a 9.7-inch OLED from LG.
Financial analysts don't seem to be concerned about the report and are not worried if it doesn't come in the first part of 2010, as it was first rumored to be delivered.
"At this point we cannot confirm or deny the validity of this report, but believe the exact timing is irrelevant given Street models do not currently reflect the tablet, expectations for actual units in 2010 are low, and investors focus is more on whether the tablet is real and less on timing," said Piper Jaffray senior research analyst, Gene Munster, in a note to clients on Thursday.
The price of the tablet quoted by the Digitimes sources does not fit with Munster's expectations either. Digitimes says it expects two models, with one priced at $2,000 and the other priced between $800 and $1,000.
Munster maintains that Apple will price the tablet between the current $199 iPod Touch and the $999 MacBook. Munster said he expects pricing to be in the $500 to $700 price range.
If the tablet was released in September 2010 and costs $600, Munster estimated Apple would sell 650,000 of the units before the end of the year.
Apple's supposed tablet has been one of the most talked about devices that nobody has seen. The company has reportedly spoken with media companies from around the world about having their products available for the device when its released, but Apple has yet to confirm or deny the tablet's existence.
I often wake up with a tune playing in my head. I don't know why it's that particular tune, and sometimes I waterboard myself for hours trying to find the reason for this apparently random madness.
This morning, for example, it was that Spanish Lullaby song that Madonna numbed us with some time around the last century. (I never said it was only good songs that blared in my internal jukebox.)
So why might one's mind have been invaded by "La Isla Bonita?" Was it because this time last year I was in Spain, sipping sangria with some dubious Europeans? Was it because last night I saw a trailer of a new film directed by Madonna's last husband? Was it because I hadn't had enough sleep?
All this thinking is painful and useless, but it has brought me to an idea for Apple: it's time the company took the apparent randomness of the iPod Shuffle and made it mean something.
Might I propose that Apple creates an iPod that, whenever worn on your person, can immediately discern your mood? Please imagine that this new iPod, let's call it the iPod Shrink, is a tiny little thing that has within it even tinier sensors that monitor your heart rate, your blood pressure, your digestive calm, even your sweat level.
On the basis of this entirely factual information, the iPod Shrink would then select the precise piece of music that would match your mood. It's important to consider just what is meant by "match your mood."
Perhaps you, the moody consumer, might have the ability to ask the iPod Shrink to enhance your mood or to counteract it.
If you ask for counteraction and the machine sees that you're miserable, the iPod Shrink would bypass "My Immortal" by Evanescence, "Creep" by Radiohead or anything by James Blunt and go straight to "I Feel Good" by James Brown or the utterly classic Manilow rendition of "Copacabana." For enhancement, it would do the reverse.
If it detected anger, it could soothe you with some Bebel Gilberto or stoke your fires with some Sex Pistols. If it detected concern, it might offer the Goo Goo Dolls' "Iris." Or, alternatively, something from Disturbed's fine little album "The Sickness."
Perhaps the greatest surprise for you, the iPod Shrink owner, would be to discover what mood you are actually in. After all, your little device would be more familiar with the true scientific nature of your innards than would you. So your own self-knowledge would surely be enhanced by such a wickedly wily machine.
This could be a very big seller. It would certainly make me look more kindly on the self-absorbed, frustrated, preening, angst-ridden waddlers in the gym.
