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April 18, 2008 11:53 AM PDT

Psystar still down as Powerpay explains its decision

Psystar's store remained down on Friday, as its former payment-processing company expanded its explanation of why it pulled its services from the computer maker's site.

Psystar photos

Anyone who might have wanted to order an Open Computer last night or today has been stymied by the second interruption in Psystar's online store.

The first interruption, on Wednesday, was caused when Powerpay pulled its services after Psystar violated the terms of its agreement, as reported by CNET News.com.

My colleague Richard Koman, at ZDNet, obtained a statement from Powerpay's CEO, explaining the reasons why his company pulled Psystar's account.

"PowerPay initially suspended and subsequently terminated the merchant-processing account of Psystar for three primary reasons: product/services not as represented in application, sales volumes grossly exceeded, (and) no address verification utilized," Steven Goodrich said in the statement.

Merchant service accounts are set up based on the volume of transactions expected to flow through an online store, Goodrich said. Psystar went well over its expected volume for the year in just a couple of days, as Open Computer orders poured in.

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"In this case, the applicant processed almost 200 percent of his anticipated annual volume over just a few days. In doing so, the applicant never used AVS (address verification services), which is a vital part of validating cardholder consent," Goodrich said in the statement. "This, coupled with the fact that product was substantially different from what was described in the application, left PowerPay no choice but to suspend services. The discrepancy in addresses and other info only add to our discomfort with the account."

After Powerpay pulled its support, Psystar resumed sales of the Open Computer through PayPal, which processed my transaction on Wednesday. I contacted a PayPal representative on Thursday after learning that Powerpay had pulled its services to see what PayPal's policies were regarding these types of issues.

Thursday evening, PayPal sent me this statement: "At PayPal, we take rights infringement very seriously. PayPal's Acceptable Use Policy prohibits the use of our services for 'items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction.' We use internal guidelines, as well as reports from rights owners, to determine violations of this policy. We would apply these standards to any products being sold from the Psystar.com site - currently, there are none."

Psystar's Mac OS X-based Open Computer is again unavailable for purchase, after a site outage.

(Credit: Psystar)

The curious tagline at the end was put there because a PayPal spokesman said the company was unable to actually verify what was for sale on Psystar's site, since it was down when the company checked it out Thursday.

Charles Arthur at The Guardian, who kicked off some of the skeptical coverage regarding Psystar's ever-changing addresses, wonders if Psystar simply overestimated its ability to run an efficient supply chain.

Right now, it's really hard to know exactly what to make of Psystar. To be fair, there are red flags galore, but it's quite possible that this is a company way over its head, when it comes to running a product distribution operation. It's not hard to find all kinds of coverage this week suggesting that Psystar is an out-and-out scam, but there is little proof to support that conclusion. Absence of detail is not proof of wrongdoing, though it does (and should) raise suspicions.

It seems that one way or another, we're getting closer to figuring out the true nature of Psystar's operation. I called PayPal again this morning to find out if it is behind the current outage, and if so, whether it will allow Psystar to resume business. I also checked in with Apple to see if it has assembled an army of lawyers yet, but I have yet to hear back.

Tom Krazit, a staff writer for CNET News, focuses on all things Apple. He has covered traditional PC companies such as Dell and Hewlett-Packard, chip companies such as Intel and Advanced Micro Devices, and mobile computers ranging from Research In Motion's to Palm's. E-mail Tom.
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Add a Comment (Log in or register) 45 comments (Showing first 20 comments)
Devils advocate
by private user 2 April 18, 2008 12:16 PM PDT
Just to play devils advocate, it could be some guy working in his garage found could do this, and thought he could sell a few.

Obviously grossly underestimating the demand for a commodity priced Mac compatible, and now is scrambling to figure out what the heck he's going to do.
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Or just maybe....
by Gromit801 April 18, 2008 12:36 PM PDT
Psystar is a major flim-flam that is getting derailed because of so
much attention.
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Amazing
by pwptechrules April 18, 2008 1:08 PM PDT
As a small gaming PC builder I am just amazed at what they are/were trying to do. I am based out of my home office. Even my site (pwptech.com) is secure. It does not cost that much. Not running AVS checking on an address is just stupid. They are either idiots (not knowing what they are doing?.. AT ALL) or fraud, but it has to be one of the two. I even try to take it to another level and use some other checking (I am not going to mention what) to try to prevent fraud. Something is really fishy. Apple does not need to sue them, Psystar is killing themselves. I am amazed that people were stupid enough to place an order on a site that was not secured. Better cancel those cards now!
Reply to this comment
Old news, we already now SCAM!!!!
by luismmolina April 18, 2008 1:57 PM PDT
Old news, we already now SCAM!!!!, you can read an investigation
in gizmodo...
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There's no mystery
by J.G. April 18, 2008 2:39 PM PDT
Psystar lacks a legal product to sell, so there is no way it can be
a legitimate merchant. Krazit should stop misleading readers by
implying otherwise.
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Maybe Their Factory Was Abducted By Aliens!
by channelc April 18, 2008 4:27 PM PDT
It can happen! My uncle once told me that a place that he worked at was wiped off the map by creatures from outer space. in fact, they took the whole TOWN that it was in. And all the cows. Left nothing but crop circles.
Reply to this comment
Well---
by solitare_pax April 18, 2008 5:26 PM PDT
When you consider this is Florida - a state that can't even count votes for an election - should we really be so surprised?
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Was up a few minutes ago and taking orders
by chuckjuhl April 18, 2008 7:32 PM PDT
I just went to their website and they were up and taking orders - at least as of 6 PM PST.

Looks like Credit Card Processing working too.
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I find it funny...
by MCOjerry April 18, 2008 7:59 PM PDT
...that so many people hate Apple, but they want the OS. Sounds
hypocritical to me.
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BTW
by chuckjuhl April 19, 2008 6:07 AM PDT
I am typing on a darn PDA/Phone (ATT 8125) - give me a break on the spelling and grammer :)
Reply to this comment
There's no profit for them anyway!
by orionmgomg April 19, 2008 7:50 AM PDT
With the list price and the known going rate of the hardware they are packaging, they will be lucky to make any profit after factoring in Time and Materials, there is just nothing left...

And with any instant growth, double the operating expenses, on a questionable product - you got to be crazy to try to grow - you make too much money and the lawyers will eat you, you make no money and everyone laughs as you slowly suffocate, you stay the same, and you slowly die out anyway...

Their solution is not a miracle - newegg...??? Anyone...

I just want to know where they get that case, I'll make my own knock off, but instead I'll call it the "Apple Peeler!" LOL
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 See all 45 Comments >>
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About News - Apple

At the start of the 21st century, there's no tech outfit more influential than Apple. CNET News' Tom Krazit and other reporters will attempt to make sense of the rumors, hype, products, and people that will shape the future of the company. But Apple's not the only game in town, as the established cell phone companies and others strike back against the iPhone. E-mail Tom at Tom.Krazit@cnet.com.

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