Okay Cult of Mac beat me to posting this thought (boo! hiss!), but I am sure more people than just Leigh McMullen and I thought of this today. And Leigh, I spelled the company name correctly, unless there is some pun that just flew over my red-head. It wouldn’t be the first time.
So, let’s pretend that the Psystar case goes to trial, and Psystar wins (which I think has about a snowball’s chance with the Heat Miser). While they say they are not trying to hurt Apple; that in fact would be a devastating blow. However, I do believe there is a quite simple way around it. Psystar’s contentions seem to be centered on the idea that retail boxed software purchased by a consumer should not be restricted to certain machines. Okay, well what if Apple no longer sold the retail box OS software? New Macs already come with the most current OS installed, and Apple doesn’t make the bulk of its money on OS software. So the idea would be that a Macintosh is a completely easy and integrated system to the point of including free software updates to all machines that meet the minimum operating specifications. Talk about “it just works”! Additionally such a move, if it wasn’t coupled with a price increase, would help dispel the falsified myth that Macs are always more expensive. Maybe not though, some Windows users still think that Apple users can’t right-click with their mice. Psystar’s argument all of sudden went puff into the malfunctioning cloud where it belongs.
Another idea would be a software subscription service bundling not just the OS but other Apple software as well. If Psystar wins (doubtful), there will be a revenue hit one way or another, but the ways I just suggested minimize it greatly. Otherwise, there will be a general quality hit with piece of crap clones like the Psystar boxes produced en masse.
Now of course, I do not believe Psystar’s arguments, as have thus far been explained, are valid. There are plenty of OSes out there for the consumer, including ones that cost absolutely nothing. Think March of the Penguins.
DISCLAIMER: I am not unbiased about this case. I totally believe Apple should prevail and that Psystar is a parasite with a big arrogant mouth. However, when I write on the factual contents of the pleadings, I will report faithfully what they say. Once the facts are out of the way, and the interpretation or opinions begin, I have an admitted strong bias towards Apple. This is not simply because I am an Apple fangirl but because I find the actions and words of Psystar to be distasteful at best — coupled with my opinion that Apple is in the legal right in this instance. I do not support Apple in everything they do. For example, Apple’s administrative suit against the recycling program in New York with an apple for a logo was just plain moronic. The two logos looked nothing alike, and it isn’t like New York hasn’t been called The Big Apple before Jobs was a twinkle in his father’s eye.
NEW THOUGHT: Could some solution like the above be part of the mysterious “product transition” mentioned in Apple’s Third Quarter Earnings Conference Call?




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dave
28th August 2008, 05.10 am
Well, it’s unlikely that Pystar will win, as Apple only sells upgrade versions, and a win for Pystar would also negatively impact Microsoft [as then you would be able to ‘force’ MS to let you install an upgrade version of Vista without having a previous version. If anything, Apple would still have a retail ‘upgrade’ box, and add a retail ‘new OS’ box for a crazy large amount of money with a lot of explicit limitations on what hardware would be supported [basically, making it financially not viable for anyone to actually purchase it].
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eric
28th August 2008, 05.27 am
I don’t think free OS X upgrades can be done for the same legal mumbo-jumbo reason (*cough* SOX) that ipod touches must have a price attached to their upgrades.
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Wayne Winquist
28th August 2008, 06.23 am
I’d sit on the sidelines and root for PyStar, but I can’t stand Arrogant companies. Had PyStar actually tried to negotiate a deal to build Apple-Authorized machines, BEFORE they started selling them, I might have had an ounce of sympathy.
As for Apple, if they’d fill the few niches for those of us who DON’T NEED what they offered but would like an Apple machine, I doubt they’d have a problem. The one thing I’d stick up for with PyStar was in filling a gap, and doing it for cheaper than Apple was offering.
I hate arrogant companies… and I hope that Pystar loses. I also hope Apple fills that niche market (please!!!!).
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Leigh McMullen
28th August 2008, 08.37 am
12 hours in labor, dawg (17 as I write this). Lucky I could type. I’ve been referring to them in my internal monologue as “Pysster” which is probably where the spelling came from
Thanks for the catch updated on CoM.
(It’s a girl!)
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Leigh McMullen
28th August 2008, 08.42 am
P.S. I totally expect “Snow Leopard” to be a free update, so that might be part of the “product transition” but more of that (I hope) will be the 25th Anniversary of the Mac (this January), where something revolutionary (again, i hope will be announced.
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Maddog
28th August 2008, 11.53 am
I am hoping PyStar win this one. I like apple but the prices we pay in UK are not justified. An “apple” Nvidia card is £50 more than one from Nvidia.
Apple get enough money from me but my Hack leaves even the best Mac Pro standing.
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Dizzle
28th August 2008, 12.52 pm
Leigh, I was just joshing you - I love your blog
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Dizzle
28th August 2008, 12.53 pm
I am suspecting that Snow Leopard is an anticipated solution to this potential problem.
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Dizzle
28th August 2008, 12.54 pm
Maddog, you have to for Psystar for US legal reasons, not personal ones. Would you like to lose a lawsuit because of someone’s personal reasons? If you think Apple prices are too high, vote with your wallet, but don’t root for parasites unless you have a reason other than I don’t like paying such and such - that is not a legal reason. Do unto others and all that. You would want to be judged on legal merits right?
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Dizzle
28th August 2008, 12.55 pm
Oh and congrats Leigh!!!
What’s her name?
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Dizzle
28th August 2008, 12.57 pm
Wayne that is part of my strong bias against them. I live in Florida and perhaps it struck home more because the several owners of that company kept shooting their mouths off with what I consider to be lies and acting like punks. That immediately showed me that this was not a professional business decision but a parasitic David versus Goliath complex.
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Dizzle
28th August 2008, 12.57 pm
*Remember my opinions on Psystar are my own and are not to be consider the official opinion of World of Apple in any form, shape, or manner.
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Dizzle
28th August 2008, 12.58 pm
That is a VERY good point I didn’t think of. Well I don’t think it is a “law” it is just internal accounting rules. Internal accounting rules can change.
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Dizzle
28th August 2008, 13.00 pm
Well Dear Leader is clever. He has stuck it to people far smarter than Psystar.
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Maddog
28th August 2008, 23.48 pm
In the UK the would loose hands down. The EULA does not stand up in British Law, likewise in Europe.
On a UK Mac website the biggest request for the upcoming launches was lower prices. Apple need competition, the hardware is good, the software is okay but they get away with some very ordinary releases on the back of some glories.
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Dizzle
29th August 2008, 00.31 am
Yes I am unfamiliar with how things would pan out in the UK. I have even given this more thought today, and am even more convinced (I wasn’t terribly convinced before) that even just the mere fact of the EULA should stand. Now here is where my personal emotion comes in - I don’t believe in unnecessary government intervention in business. That is the sort of principle America was founded on. If you don’t want to abide by the EULA, don’t buy the product. It is really quite simple. I am using the proverbial “you” here, not anyone particular.
You don’t have a right to someone else’s product, most particularly in something that is a luxury item
No one should be forced to sell their work under such terms and should have the right to put restrictions on how their work is used
With the above being subject to broad caveats on things of very important public interest.
The entitlement mentality makes me ill, which is the core reason of my visceral reaction against Psystar.
Yes, I am going to channel Ayn Rand here for a bit, because this is the part where I agree with her. One part of me wishes Jobs would set the place on fire and say to hell with all of you! (again this is a proverbial you) just like Ellis Wyat did with his oil fields in Atlas Shrugged.
Did Psystar do the R&D to develop this product? Do you? NO.
If it were me, and I had the luxury, I would destroy the work of my own hands rather than having it forced to conditions that I don’t agree upon.
I believe Ayn Rand called such looters. And I think she is right.
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Jenny
29th August 2008, 10.06 am
Get over it.
If they cant write a EULA that is not legal in the the country of sale (lord knows they make enough money of each sale) it is their own fault.
My next machine wont be a Mac - the cost of repair is way to high and I will be forced to upgrade if I want Snow Leopard.
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Dizzle
29th August 2008, 12.22 pm
Well it isn’t a matter of “can’t” Jenny - you just made a decision that hasn’t been determined yet for the US. It is an unknown. I always buy AppleCare and any cost of repair for me (which so far has just been Mac Geniuses showing me my own user errors and not machine errors) will be precisely zero. I suspect Snow Leopard might be a free upgrade, but does Windows all of a sudden offer free OSes for life? If so, that is news to me.
I suspect your next machine will be a Mac. The costs of hair loss solutions and drywall repairs are way too high.
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Jenny
29th August 2008, 16.13 pm
You are wrong again Diz. The new PC is being delivered on Monday with 3 years onsite warranty, XP installed and a fraction of the cost. It’s spec’s are easy on par with a Mac Pro but I will be able to upgrade without another mortgage.
I can’t see Snow Leopard being free - they like the smell of money.
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Dizzle
29th August 2008, 16.20 pm
What precisely am I wrong on? I never claimed you couldn’t get a repair plan for a PC. So please do explain where I am wrong. And exaggerations are nice for polemics, but as a lower middle-class working girl myself, I own a MacPro and didn’t have to mortgage my house to purchase it. My last HP laptop that was my primary PC costs me $2,700 or thereabouts nearly four years ago.
That last comment is just a cheap shot. I think there is a chance it might be, or it might not be. But what precisely is wrong with a business wanting to make money? Are you paid for your work? Yes? I guess you just like the smell of money. See how that works?
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terry
30th August 2008, 09.51 am
Dont know why they would be bothered to clone another Unix distro with a fraction of software available to other OS’s. If it makes crApple think about the ludicrous prices they charge then it will be worth it.
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Anticipate
30th August 2008, 16.59 pm
This would make crApple think about their “ludicrous” prices they charge as much as it would make Rolls Royce think about what they charge for their car, afterall, its just a car! Or how it would make Hollywood actors think about their 20 million dollar request to work for 3 to 6 months, and in order for them to reap their reward, we have to pay $5.00 popcorn and $3.00 sodas, not to mention $10.00 for tickets - $18.00, all to see a 90 minute flick that has a 50/50 chance of being an enjoyable show or a POS, I want my money back! product.
You see, it’s all relative.
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Dizzle
30th August 2008, 18.21 pm
eh? I was a windows users for two decades, and I haven’t found any programs lacking on the OS platform - but also I am not a gamer, so that wouldn’t factor in for me at least.
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Dizzle
30th August 2008, 18.23 pm
Actually it is. You are speaking of market forces, that I agree with. Although I think the myth of “ridiculous” prices has been as debunked as sounding as “no right click.” But let’s pretend for the sake of convo that it is true. I don’t go out to the movies because I think it is too expensive. Precisely because of people like me the movie rental business bloomed. No government intervention involved.
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terry
1st September 2008, 14.09 pm
Apple is no Rolls Royce of computers. They are good - but not that good, VW at best.
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Dizzle
2nd September 2008, 11.51 am
Oh Terry, my Mac Pro is a Rolls fer sure.
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Terry
3rd September 2008, 12.31 pm
@Dizzle
If you think your Mac is a Rolls then I’m afraid you are deluded (someone did not like me saying it was a VW at best because the comment was deleted!) and you are right, there are no games worth talking about on the Mac.
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Dizzle
7th September 2008, 01.24 am
@Terry - I do not believe any comments were deleted. I am not an Admin here, but Alex doesn’t censor comments like that. My Mac is a total Rolls dude.
But your argument would defeat Pystar’s case - their case depends upon a Mac being even beyond a Rolls - like the Chariot of the gods or something. I know that askimet gets fickle, for a while my own posts were getting caught in the spam filter, and I am a writer here.
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Alex Brooks
7th September 2008, 16.51 pm
Terry,
Unsure what happened there, looks like the spam filter went a bit crazy.
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Dizzle
8th September 2008, 01.10 am
That is what I figured because I have never known you to delete a post. I suppose if someone went off with porn or something, but certainly not for being critical of Apple or Macs.
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