Never miss an update Follow AppleInsider
Tuesday, April 15, 2008, 01:00 pm
Mac clone maker vows to test Apple on OS X licensing terms
Psystar Corporation, which this week began selling a series of Mac clone systems without Apple's blessing, is determined to challenge the Mac maker in court over the licensing terms for its Mac OS X operating system.Speaking to InformationWeek, a Psystar employee identified only as Robert said his company sees Apple's end-user license agreement, which prohibits third-party installations of Mac OS X on non-Apple hardware, as a violation of antitrust laws.
"What if Microsoft said you could only install Windows on Dell computers?," he said. "What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?"
As such, the Psystar representative implied that the company is eager to bring the matter before a court, where it believes Apple will have a tough time defending its stringent licensing terms.
As part of its defense, the Miami-based reseller also appears to be accusing Apple of price gouging its customers with each Mac OS X-based computer it sells.
"They're charging an 80 percent markup on hardware," Robert told InformationWeek.
He said Psystar plans to continue selling its $400 OpenMac clone and insisted that the company isn't "breaking any laws."
Ironically, Psystar on Monday evening changed the name of its offering from "OpenMac" to "Open Computer," presumably to avoid charges that it was indeed violating trademark law.
On Topic: Current Hardware
- Deals: dozens of new MacBook Air and MacBook Pro Retina configs at lowest prices anywhere
- New Mac Pro's radical design draws admiration, criticism via Photoshop
- Teardown of Apple's new 11" MacBook Air finds smaller SSD module, tweaked battery
- Apple's latest AirPort Time Capsule expectedly similar to redesigned AirPort Extreme
- Teardown of Apple's new AirPort Extreme finds enough empty space for a hard drive
Previous Comments View All
Hope they have a large piggy bank for all the lawyer expenses. They want to test the value / legality of the EULA, that is going to cost some money to bring to a court room.
Psystar will lose. Plain and simple.
Hmmm, can someone buy one of these computers and put it through some stringent reliability tests?
That would be worth its weight in gold if we can glean some significant reliability data on these clones to see if they walk the walk.
I mean, the ultimate test is whether Apple's approach creates a better computer, and whether its significant markup is worth paying for.
Ironically, as "Robert" points out, the reason Windows sucks is that you can put the OS on a billion computer systems. I don't know if I want some fly-by-night shop--in Miami, no less!--putting together a Mac made with hardware they deem worthy--I doubt the company is run by anything more than a few good salesman and one guy who was a engineer (sanitation) at one point in his life.
If these computers aren't reliable, they won't sell. This is a perfect test of, as you say, "whether Apple's approach creates a better computer, and whether its significant markup is worth paying for." Right now, Apple has a monopoly on OS-X-running computers. Apple's hardware doesn't have the same competition that Dell's hardware has. Dell has to make a reliable product at a competitive price to whatever HP, Sony, etc., are putting out. That's one of the main reasons PC's are cheaper than Macs. Economics has drive the price down.
The problem is that Dell, HP, etc. have to work with Microsoft to resolve technical issues. If it works, this Psystar Corp. will have a tough go with no technical support from Apple if there are compatibility issues with their hardware.
p.s. Slamming people by location is not a sign of maturity. There are lots of intelligent people in Miami.
Well of course they do! Would you rather they charged $600 for a copy of Leopard?
Psystar had better talk to a really good lawyer before making too many public statements. Right now they are walking on some rather thin ice and may well find themselves over their head.
Since OS X is the property of Apple Pststar has no right to interfere with Apple's right to establish the terms of use - specifically the rights to invest heavily in OS X in order to make the Mac a desirable hardware product for customers. I can see a lot of court action on this one if they continue - it's cheaper to simply close the business down and stat flipping burgers.
Psystar will lose. Plain and simple.
I am not a lawyer by any means but I am sure Apple will hit them with everything they can. They are not going to want Dell, HP and others doing the same, they have to put the foot down and make these guys an example.
What I am sorry for is the non-techie customers that buy this system based on the broad advertisement and end up with a BRICK when Apple releases an upgrade.
Specially the kids putting their money together to get a Mac and then see this opportunity, they jump and get hurt. I don't like kids getting hurt.
Joe average consumer is not going to understand what will happen or how to fix it. They are not going to go to forums and blogs to learn how to hack the system back into health.
Not only that but because the systems wont be upgraded, they will not get the security patches and as such they will be vulnerable while the real Mac community is nice and secured. I see a whole BotNet made from these unsecured systems and everyone saying that Macs are vulnerable.
The whole thing is really kind of a scam anyway, as if you add the cost of OS-X onto the $399 price that keeps getting quoted it immediately doesn't look like such a good deal. Add the price of the missing iLife suite and the package is over $600 dollars all of a sudden, (more expensive than the entry level mini.)
Since this is basically a "hillbilly" computer (or aimed at that market spec), service and support are probably not needed, but if you add those back in as well, the *actual* cost of this thing is far above what you would pay Apple for comparable gear.
As an option for home hobbyists it's interesting perhaps, but as a value proposition for a "cheap Apple computer" it just doesn't add up. Anyone that thinks they are going to be getting a "deal" will be severely disappointed. Those that are buying a junky "throwaway" computer box so they can tool with OS-X for laughs will be the only ones happy with these computers.
If these computers aren't reliable, they won't sell. This is a perfect test of, as you say, "whether Apple's approach creates a better computer, and whether its significant markup is worth paying for." Right now, Apple has a monopoly on OS-X-running computers. Apple's hardware doesn't have the same competition that Dell's hardware has. Dell has to make a reliable product at a competitive price to whatever HP, Sony, etc., are putting out. That's one of the main reasons PC's are cheaper than Macs. Economics has drive the price down.
The problem is that Dell, HP, etc. have to work with Microsoft to resolve technical issues. If it works, this Psystar Corp. will have a tough go with no technical support from Apple if there are compatibility issues with their hardware.
p.s. Slamming people by location is not a sign of maturity. There are lots of intelligent people in Miami.
I'm looking to get a new professional-grade machine soon. Out of curiosity I've been pricing Mac Pro's against Dells. The Dells don't even seem to be in the same ballpark in price-- they're way, way higher. A vanilla $2800 2.8GHz 8 core Mac Pro equivalent, or anything close to it, costs at least $500 more at Dell's store. Am I doing something wrong? Everyone seems to claim Dells are cheaper but I don't see it.
Now yes, in the sub-$1000 market you can get a LOT more on the PC side (where's the mini with a video card slot?) But for most of Apple's products they don't seem to be out of line from what everyone else is charging.
Are they just stupid or what? At $400 a pop, where in that price are they actually feigning to pay Apple anything for the us of the OS. Even using their own pathetic "what if" arguments, someone would have been paid for their product before it could be used, even if it was within a locked-in environment.
Without their payment for the license, it's just plain old theft.
I hope they have fun in jail...
Latest Apple Headlines
-
Apple's fingerprint sensor encapsulation tech could be headed for future iPhone
~2 hours ago -
Pegatron CEO: Apple's 'low-cost iPhone' will not be cheap
~3 hours ago -
Analyst recants claim that Apple will add Retina display to iPad mini before 2014
~9 hours ago -
First benchmarks for redesigned Mac Pro reportedly appear online
~10 hours ago -
Best Buy recalls 5,100 third-party MacBook batteries for fire risk
~10 hours ago - more...
Want to write for AppleInsider? Submit your application now!
Lowest Prices Anywhere!
| Model | Price | You Save |
|---|---|---|
| 11"1.3GHz/4GB/128GB | $964.18* | $34.82 |
| 11" 1.3GHz/8GB/128GB | $1,061.18* | $37.82 |
| 11" 1.3GHz/8GB/256GB | $1,255.18* | $43.82 |
| 11"1.7GHz/8GB/128GB | $1,206.68* | $42.32 |
| 11"1.7GHz/8GB/256GB | $1,400.68* | $48.32 |
| 11" 1.7GHz/8GB/512GB | $1,691.68* | $57.32 |
| 13" 1.3GHz/4GB/128GB | $1,061.18* | $37.82 |
| 13" 1.3GHz/4GB/256GB | $1,255.18* | $43.82 |
| 13" 1.3GHz/8GB/256GB | $1,352.18* | $46.82 |
| 13" 1.3GHz/8GB/512GB | $1,643.18* | $46.82 |
| 13" 1.7GHz/8GB/256GB | $1,497.00* | $52.00 |
| 13" 1.7GHz/8GB/512GB | $1,788.68* | $60.32 |
* price with Promo Code:
APPLEINSIDER01
|
||
| Click for even more configurations | ||
| Model | White | Black | |
|---|---|---|---|
| iPad mini (WiFi only) | |||
| 16GB WiFi |  |
$329.00 | $329.00 |
| 32GB WiFi | |
$429.00 | $429.00 |
| 64GB WiFi | |
$529.00 | $529.00 |
| iPad mini (WiFi + 4G) | |||
 |
 |
 |
|
| 16GB 4G White | $459.00 | $459.00 | $459.00 |
| 32GB 4G White | $559.00 | $539.99 | $559.00 |
| 64GB 4G White | $659.00 | $659.00 | $629.99 |
| 16GB 4G Black | $459.00 | $459.00 | $459.00 |
| 32GB 4G Black | $559.00 | $539.99 | $539.99 |
| 64GB 4G Black | $659.00 | $659.00 | $629.99 |
Hmmm, can someone buy one of these computers and put it through some stringent reliability tests?
That would be worth its weight in gold if we can glean some significant reliability data on these clones to see if they walk the walk.
I mean, the ultimate test is whether Apple's approach creates a better computer, and whether its significant markup is worth paying for.
Ironically, as "Robert" points out, the reason Windows sucks is that you can put the OS on a billion computer systems. I don't know if I want some fly-by-night shop--in Miami, no less!--putting together a Mac made with hardware they deem worthy--I doubt the company is run by anything more than a few good salesman and one guy who was a engineer (sanitation) at one point in his life.