After 17 months of litigation, the hammer has finally fallen on Psystar.
The U.S. District Court for the Northern District of California on Tuesday granted Apple's request for permanent injunction against the Mac clone maker. This bars Psystar from peddling PCs with the Mac OS X operating system preinstalled, from circumventing the technological measures Apple uses to prevent unauthorized copying of Mac OS X, and from assisting others in doing so.
"Defendant must bring its conduct into compliance with the injunction by midnight on December 31, 2009, at the latest," U.S. District Judge William Alsup wrote in his ruling. "Defendant must immediately begin this process, and take the quickest path to compliance; thus, if compliance can be achieved within one hour after this order is filed, defendant shall reasonably see it done."
It would seem, then, to be over for Psystar, though we likely haven't yet heard the last of it. Alsup's injunction doesn't include the company's Rebel EFI software, which allows Mac OS X to be installed on PCs. So for now the company can continue to sell it, though Alsup warns that to do so is a risky legal proposition at best.
"Rebel EFI will not be expressly excluded from the terms of the injunction," Alsup wrote. "It should be clear, however, that this ruling is without prejudice to Psystar bringing a new motion before the undersigned that includes real details about Rebel EFI, and opening itself up to formal discovery thereon. This would serve the purpose--akin to a post-injunction motion vetting a 'design-around' in a patent action--of potentially vetting (or not vetting) a product like Rebel EFI under this order's decree.
"Moreover, Psystar may raise in such a motion any defenses it believes should apply to the factual circumstances of its new product, such as the 17 U.S.C. 117 defense raised in its opposition and at oral argument. Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict. What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself held in contempt if its new venture falls within the scope of the injunction."
Below is the permanent injunction order in full:
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The beta version of Chrome for Mac OS X is available. Google released its browser beta for Linux too.
(Credit: Screenshot by Stephen Shankland/CNET)Two key pieces of Google's effort to make Chrome a more competitive browser fell into place on Tuesday as Google released beta versions of the browser for Mac OS X and Linux.
Tuesday's software release is a version of Chrome that had previously been available only as developer preview software for Mac and Linux machines. "It took longer than we expected, but we hope the wait was worth it," product manager Brian Rakowski said in a blog post.
Macs are widely used, if not as common as Windows machines, and there's been some demand in tech circles for the Mac version of Chrome. Linux, while less widely used among ordinary computer users, has importance of its own: it's the foundation for Chrome OS. That's the browser-based operating system Google hopes will be popular on Netbooks starting next year.
According to the Chromium development calendar, the beta versions are scheduled to graduate to the next level of maturity, "stable," on January 12. Chrome for Windows graduated out of beta almost exactly a year ago.
Google doesn't emphasize product version numbers in the project, instead automatically delivering updates behind the scenes to the browser that take effect when it's restarted. But it does use version milestones to keep track of development internally.
The biggest new feature of Chrome 4.0 is support for extensions, which let people customize the browser. In the Mozilla world, they're called add-ons, and they've been a big part of Firefox's success.
Mac OS X has a mandatory menu bar, so unlike the Windows version, Chrome on the Mac has traditional menus.
(Credit: Screenshot by Stephen Shankland/CNET)Extensions aren't useful, though, unless people can find them. Google on Tuesday also launched a Chrome extensions gallery page.
There are more than 300 extensions available for Chrome, extensions programmers Aaron Boodman and Erik Kay said in a blog post.
However, extensions on the Mac aren't yet available, though they had been for a time in the developer-preview version. "Extensions aren't quite beta-quality on Mac yet, but you will be able to preview them on a developer channel soon," Rakowski said.
Also on the Chrome for Mac to-do list: a bookmark manager, PDF viewing in the browser, bookmark synchronization, 64-bit support, and my personal favorite differentiator of Firefox 3.6 on the Mac, full-screen support.
Chrome now has an extensions gallery.
(Credit: Screenshot by Stephen Shankland/CNET)
Why try Chrome?
For those of you new to Chrome, here's a brief version of why it's my default browser on both Windows and, as of about a month ago, Mac OS X. Your preferences and needs may vary, of course, and I still use Firefox every day, too.
• Speed. It's fast to start up, though not quite as snappy as it once was now that it's not so bare-bones, and rivals are making progress. It's also fast loading Web pages and running JavaScript programs on them.
• Tabs. I spawn innumerable new tabs all day long, and when it takes a long time (I'm looking at you, Internet Explorer), I get infuriated. I also like the order in which new tabs arrive, a style Firefox is mimicking.
• The omnibox. It's a single bar that merges the utility of an address bar and search bar. I hit Ctrl-L (on Windows) or Command-L (on Mac) to pop my cursor up there, and start typing. One nice--if somewhat obscure--feature is fast site search on some domains, so for example I can type A, M, tab, and up pops an Amazon.com icon; what I type afterward is entered as a search on Amazon. That conveniently gets me straight to the search results so I don't have to see yet another Kindle ad.
• A minimal user interface. When browsing, I like my user interface to step aside and make way for the Web page. Scrolling was a wonderful innovation in computers a few decades ago, but I like to avoid it when I can. Chrome puts tabs in the real estate ordinarily devoted to a program's title bar and shuffles the menu controls off to the right of that tab strip (though the Mac version gets a regular menu bar).
Another potential perk: avant-garde Web technology, including WebGL and O3D for accelerated 3D graphics and Native Client for speeding up Web apps with direct access to a processor, are being built into Chrome. Another such Google project, Gears, is already built into Chrome--though Gears doesn't work on Mac OS X 10.6.
There are things you might miss--the full panoply of Firefox extensions, toolbars from Google or others, print preview. And the "browser not supported" error messages on various Web pages are annoying, though in my experience there's rarely an actual compatibility problem. Overall, I like it.
Is Google spying on me?
If you're worried about what new data Google will be able to harvest on you, I recommend a close read of Google's Chrome privacy page. This doesn't worry me much, but I may be insufficiently paranoid. In my opinion, the biggest thing is that Google stores 2 percent of the data it gathers when people type text into Chrome's combination search and address bar, called the omnibox.
That means Google can see not only what you're searching for (as it would for any Google search), but what Web site addresses you're typing as well. The data is anonymized within 24 hours, Google said.
Also, Chrome has a feature called DNS pre-fetching that tracks down the Internet server addresses on Web pages in anticipation that you'll be clicking links on the page. So Chrome--and Google, too, if you're using Google Public DNS--retrieves this information from the Internet.
Updated at 12:30 p.m. PST and 1:20 p.m.. Added further detail.
Although a judge recently ruled in favor of Apple in its copyright infringement case against Psystar, the two companies have reached a new settlement, according to Computerworld and other reports.
Details are sketchy at this point, and there's no confirmation from Apple, but Psystar claimed in a motion filed Monday that a partial settlement has been reached.
"Psystar has agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded," noted Psystar's motion filed in federal court in San Francisco. "Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple's copyright claims."
Psystar also seems to be looking for a loophole against any injunctions. Apple had asked the court to prevent Psystar from selling clones not just with Leopard, but also Snow Leopard, which was released after the lawsuit began. But in its filing, Psystar argued that it should be allowed to sell its Rebel EFI utility, which lets customers install Snow Leopard on clones sold by the company, thus moving the legal burden away from Psystar.
Psystar's motion also indicated that another motion with further details would be filed Tuesday with Judge William Alsup.
Apple's lawsuit against Psystar began in July 2008 after Psystar started selling Mac clones with OS X installed on them. Apple has argued that its end user license lets people install its operating system on Apple computers only.
On November 13, Alsup ruled in favor of Apple, finding that Psystar's use of OS X on its clones was not "fair use" as the company contended and further finding that Psystar violated the Digital Millennium Copyright Act (DMCA) by "circumventing Apple's protection barrier."
Since then, Apple has been keen to shut down Psystar's Mac clone business permanently, calling for an injunction against the company and potentially millions of dollars in damages, substantially more money than the clone maker has.
Alsup's findings and Apple's fervor in going after Psystar raise the question of why Apple would agree to any kind of settlement at this point. A hearing was set for December 14, with a full trial scheduled to start in January. But if the latest news from Psystar is true, then the company may be able to avoid further courtroom drama.
Neither Psystar nor Apple has responded to requests for comment. We'll provide further details of this latest development as court documents become available.
A judge has ruled in Apple's favor in its copyright-infringement case against Psystar, which has been selling Mac clones running Mac OS X.
U.S. District Court Judge William Alsup on Friday granted Apple's request for a summary judgment, while denying Psystar's counterclaim.
"In sum, Psystar has violated Apple's exclusive reproduction right, distribution right, and right to create derivative works," Alsup wrote in the ruling (PDF), which was posted by legal site Groklaw.net.
Apple filed its suit in July 2008, a few months after Psystar began selling Mac clones. The case revolved around Psystar's contention that it could run Apple's Mac OS X operating system on non-Apple machines. Apple denied this, stating that its Mac OS X end user license agreement allows people to install the OS on Apple computers only.
Both Apple and Psystar had a requested a summary judgment, which is a determination made without trial based on the merits of a case.
Neither Apple nor Psystar could immediately be reached for comment.
One of Psystar's contentions was fair use. The judge rejected this, stating the company "does not even attempt to address the four factors used to determine fair use." Another of Psystar's claims was "first sale" doctrine, which allows someone who buys copyrighted material to sell it. But Alsup said this doctrine applies only to legal copies, not to the "unauthorized copies" that Psystar produced.
The judge also ruled in favor of Apple's claim that Psystar violated the Digital Millennium Copyright Act. "Psystar has violated the DMCA by circumventing Apple's protection barrier and trafficking devices designed for circumvention," Alsup said.
In addition, the judge rejected Psystar's claims that Apple had misused its copyright and that Apple's licensing agreement was unduly restrictive.
Alsup's ruling did not include a permanent injunction against Miami-based Psystar because, he said, Apple has not requested one yet.
There are other claims Apple has made that could still go to trial, including breach of contract, trademark infringement, and trademark dilution. A hearing to determine remedies is set for December 14. The trial has been scheduled to begin in January.
Updated at 4:15 p.m. PST with more details from the ruling.
Google plans to release a Mac beta of Chrome in early December, judging by some chatter on a mailing list for the browser.
Chrome 4.0 is available today as a beta version for Windows but only as a rougher developer-preview version on Linux and Mac OS X. The standout feature of the new version is customization through extensions, a technology that long has been a core asset of another open-source browser, Firefox.
Google has been moving to a new extensions presentation technology called Browser Actions that let people interact with extensions through a small button toward the upper right of the browser window. "We've noticed that many of you have updated your extensions to take advantage of the new UI. We'd like to encourage the rest of you to do so as well," said Nick Baum, a Google Chrome product manager, in a mailing list posting.
But here's the hitch: Browser Actions only work on Windows and Linux right now. That means those building extensions will leave Mac Chrome users behind for a time. But in telling those developers they won't have long to wait, Baum mentioned the deadline for the beta version.
"The earlier you switch, the more time you will have to polish your experience for our Beta launch in early December," he said.
And Google is on the case for adding Browser Actions to the Mac version of Chrome.
"We realize this means dropping Mac support for a couple of weeks, but we already have people working on that," Baum said. "If you prioritize the Windows and Linux versions, we'll bring you cross-platform parity as soon as we can!"
Apple on Monday released an update for Mac OS X Snow Leopard, bringing the current version to 10.6.2.
(Credit:
Apple)
An important issue that caused data to be deleted when using a guest account has been fixed, according to Apple. While the bug didn't affect all users, it was widespread enough to cause concerns for users over the past couple of weeks.
In addition to fixing a number of security issues, Mac OS X 10.6.2 also addresses 14 problems found in the operating system, including an issue that caused some users to be logged out of their systems unexpectedly.
If you use Exchange contacts, you'll be pleased to know that your Spotlight searches will now show those contacts in the results. Setting up an Exchange server shouldn't cause Apple's Mail app to crash with the new version.
The update also includes what Apple calls "general stability improvements" for iWork, iLife, Aperture, Final Cut Studio, MobileMe, and iDisk.
Apple also updated Mac OS X Leopard Server to version 10.6.2, addressing issues with the company's server product.
The server update fixed problems with adding and removing imported users in Server Preferences, syncing content using a Portable Home Directory, and filtering incoming mail messages.
Other issues fixed with the server version include creating images using Apple's System Image Utility and automating the installation of NetRestore images.
Mac OS X 10.6.2 client and server are available as free updates from Apple's Web site.
Psystar, the clone company Apple is suing for selling generic hardware with the Mac OS pre-installed, is expanding its business to include selling software that will allow anyone to install Apple's operating system.
(Credit:
Psystar)
Psystar said on Thursday that its Rebel EFI suite is available for download from its Web site. The software will allow anyone to install any modern operating system on their computer, including Apple's Mac OS X Snow Leopard.
According to the company, the software is compatible with the Intel Core 2 Duo, Core 2 Quad, i7 or machines running the Xeon Nehalem CPU.
A demo version of the software is available for download so users can "test-drive" it before they buy. Psystar says the demo would allow users to install Mac OS X, but with "limited hardware functionality as compared with the full version."
Psystar said after downloading the software, users just need to burn it to a CD and follow the onscreen instructions. The full version of the Rebel EFI suite, removing any hardware limitations, costs $49.99.
Microsoft's Windows 7, released today, is also compatible with the Rebel EFI suite, according to Psystar.
Psystar is best known for selling clone computers and being sued by Apple for copyright infringement. A trial date has been set for January 11, 2010.
Programmers have mostly overcome a crucial hurdle to releasing a beta version of Chrome for the Mac, printing support, but several Windows 7 features won't make the cut for the present 4.x version of Chrome.
The Mac printing support is now added, according to the Google browser's issue-tracking system, though there are "minor remaining issues" and the new features aren't yet distributed with the software.
Google has cited Mac printing support as one holding back a Mac version of the browser. Mac support is important for the company's ambitions to spread the browser and its fast-Web philosophy to mainstream users. The Linux version, while less mainstream now, also is important since it's the foundation of Google's Chrome OS project to build a browser-based operating system for Netbooks.
But on the Windows side of the shop, a number of planned features to support Windows 7 were pushed back to the next version Chrome on Wednesday. That includes support for showing thumbnails of open tabs on the task bar, showing "jump lists" for quick actions such as links recently or frequently visited pages, pinning thumbnails to the task bar, and overlaying a download progress status bar on the Chrome icon.
The present beta and stable releases that Google issued Monday, Chrome version 3.0.195.27 (download for Windows only), are members of the 3.x family. The developer preview is in the 4.x family (download for Windows or Mac OS X). The Windows 7 features had been slated for the 4.x series, but now are planned for version 5, according to the issue-tracking system.
The change doesn't indicate the features have retreated into the distant future, though; Chrome version numbers change relatively rapidly, as evidenced by the move to version 4 in just over a year.
Also pushed back to the 5.x series is built-in support for discovering when Web pages have RSS feeds, one of Chrome's most-requested features. Its absence is ameliorated by a Chrome sample extension for RSS, though.
Extensions remain a work in progress. New ones are arriving steadily, and existing extensions such as Lastpass for filling in passwords and forms and AdSweep for blocking ads is progressing. But Google recently switched interfaces, dropping the use of a toolstrip across the bottom of the browser with pop-up "moles" in favor of browser actions, small icons along the top of the browser.
With new lower-cost Apple MacBooks reportedly on the way soon, it's time to engage in a favorite diversion: what, pray tell, is inside?
(Credit:
Apple)
The low-cost MacBooks may appear sooner than expected and would be "the most affordable notebook offerings in the Mac maker's history," according to an AppleInsider report.
The idea that the new models would be unprecedentedly low-cost is intriguing in itself considering the recent appearance of low-cost "ultrathin" laptops from Hewlett-Packard and Asus, among others, that typically range between $600 and $900.
And what powers these laptops? Low-cost Intel ultra-low-voltage "ULV" processors like the SU4100 or SU7300. And what's so important about these processors? They are at the heart of a new wave of laptops that boast extra-long battery life, some claiming up to 10 hours. Will Apple opt for battery life over performance? The current 13-inch white polycarbonate MacBook uses relatively high-performance Intel processors and claims about five hours of battery life.
Another thought: will this be Apple's un-Netbook? With no immediate plans for a Netbook (though a media pad is expected next year), this may be an opportunity for Apple to go at least half way toward addressing the low-end laptop segment.
Along these lines, will Advanced Micro Devices processors be forever ostracized from the MacBook lineup? In a hotel near the Intel Developer Forum that ended on Thursday, AMD was showing off an MSI dual-core ultrathin laptop with ATI graphics that starts at about $500. Not bad for a Netbook-like price. (Yeah, I know, highly unlikely.)
The truth is MacBooks are trending toward low-cost already. Even the once stratospherically priced MacBook Air can be had for less than $1,500 and the 13-inch MacBook Pro starts at $1,199. So, a MacBook that comes in lower than $999 (the starting price of the current MacBook) wouldn't be a big surprise. It would be a surprise if Apple went as low as $800. Now that's a cheap MacBook.
Apple on Thursday released a relatively minor update for Mac OS X Snow Leopard that fixes an issue users had with the operating system that downgraded them to an older version of Adobe Systems' Flash Player.
(Credit:
Apple)
When Apple released Snow Leopard on August 28, it included an older version of Adobe's Flash plug-in that was known to have security issues. Sophos security expert Graham Cluley warned users of the downgrade and urged anyone who installed the operating system to upgrade immediately.
Snow Leopard 10.6.1 addresses this issue by updating the Flash Player plug-in to version 10.0.32.18, the most current, stable release from Adobe.
While that is the big news for Apple's first Snow Leopard update, the company did include some minor fixes as well. The new version includes improved compatibility with Sierra Wireless 3G modems and addresses an issue that caused some DVDs to stop playback.
Printer compatibility has been improved, and so has the automatic account setup in Apple's Mail application. An issue that affected Motion 4 becoming unresponsive has also been fixed.
Mac OS X 10.6.1 can be downloaded from Apple's support Web site or via the software update mechanism in Mac OS X.
