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Psystar to countersue Apple for antitrust violations
- Thread starter macenforcer
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i am also holding a retail copy and it is clear inside the book that you agree for a single user license to install it onto one Apple-labled computer. so i take that as i need an apple computer to install it on. yes it does not say upgrade. but it is clear on what you can install it on.
From the first page of the Leopard Manual:
"If you already have Mac OS X v10.3 or later installed on your computer:
All you need to do is upgrade to Leopard. See Upgrading Mac OS X"
on page 1.
To install a fresh system, erase your hard disk before installing Mac
OS X, or install
additional software:
Go to Custom Installations on page 4.
To find out what version of Mac OS X you have installed on your
computer, choose Apple () > About This Mac."
Here is the link to the pdf.
I do realize that it says that "fresh system", but it seems like Apple's Leopard user manual treats it as an upgrade with the option to have a fresh system for the upgrade.
Just my $0.02
"If you already have Mac OS X v10.3 or later installed on your computer:
All you need to do is upgrade to Leopard. See Upgrading Mac OS X"
on page 1.
To install a fresh system, erase your hard disk before installing Mac
OS X, or install
additional software:
Go to Custom Installations on page 4.
To find out what version of Mac OS X you have installed on your
computer, choose Apple () > About This Mac."
Here is the link to the pdf.
I do realize that it says that "fresh system", but it seems like Apple's Leopard user manual treats it as an upgrade with the option to have a fresh system for the upgrade.
Just my $0.02
The retail OS X is not an upgrade. The reason it is not an upgrade is that you are allowed to install it on an Apple labeled computer without already having a license for a previous version of that software.
From Wikipedia:
"Vertical tying is the practice of requiring customers to purchase related products or services from the same company. For example, a company's automobile only runs on its own proprietary fuel and can only be serviced by its own dealers. In an effort to curb this, many jurisdictions require that warranties not be voided by outside servicing; for example see the Magnuson-Moss Warranty Act in the United States. More recently, video game consoles run only software licensed by the console manufacturer and use lockout chips to enforce this."
and
"Certain tying arrangements are illegal in the United States under both the Sherman Antitrust Act,[1], and Section 3 of the Clayton Act.[2] A tying arrangement is defined as "an agreement by a party to sell one product but only on the condition that the buyer also purchases a different (or tied) product, or at least agrees he will not purchase the product from any other supplier."[3] Tying may be the action of several companies as well as the work of just one firm. Success on a tying claim typically requires proof of four elements: (1) two separate products or services are involved; (2) the purchase of the tying product is conditioned on the additional purchase of the tied product; (3) the seller has sufficient market power in the market for the tying product; (4) a not insubstantial amount of interstate commerce in the tied product market is affected.[4]
For at least three decades, the Supreme Court defined the required "economic power" to include just about any departure from perfect competition, going so far as to hold that possession of a copyright or even the existence of a tie itself gave rise to a presumption of economic power"
Well that's it. Argument over. Macsurf pretty much proved the case for pystar. Good job.
Well, thanks for the vote of confidence, but this is just legal ramblings from someone who has no experience with the law, so it should be taken with a grain (or a metric ton) of salt.
I would like to say, at this point, that I have an UPGRADE copy of OS X in front of me. This copy checks for 10.4 when you put the disk in the drive and will not install 10.5 unless it finds it - which clearly shows that if there is an upgrade version, the other version is a full one.
(For those interested, this copy was included with my MBP as I purchased it before Leopard was pre-installed)
The copy that you buy in the shops is not an UPGRADE copy, it is a full copy. You can plug a blank hard drive in and install it without any check or previous copy, therefore it cannot be an UPGRADE disk regardless of what the documents say, it does not UPGRADE anything, it installs it.
(For those interested, this copy was included with my MBP as I purchased it before Leopard was pre-installed)
The copy that you buy in the shops is not an UPGRADE copy, it is a full copy. You can plug a blank hard drive in and install it without any check or previous copy, therefore it cannot be an UPGRADE disk regardless of what the documents say, it does not UPGRADE anything, it installs it.
Thats actually correct. A fresh install can also be done on a vista Upgrade - the media allows you to do that. It doesn't change the initial requirement - a Apple branded computer.
Look. If the retail copy is a full copy, then why doesn't a company like Dell (who has wanted to sell MacOS computers for a long time) not do what Psystar is doing. Heck, your retail copy won't install on any computer without modification of the source - it won't work because you do not meet the requirements.
If there was any legality to this nonsense, Dell, HP, Sony all would be distributing Mac computers. They do not. The reason is that they would be in violation of the EULA and they don't want to touch that kind of violation. And we are talking about companies with far more money than Psystar and a far better legal team at their disposal. They probably understand software licensing better than anybody on this forum.
Not to mention the source. Wikipedia is a great resource but shouldn't necessarily be taken as a reliable source unto itself. Not to mention that most things legal are about interpretation. The quoted section doesn't proffer how the courts (or lawyers) have interpreted the referenced law.
Its a non-retail upgrade actually to cover older OEM disks. Those are also only available under certain conditions as well - just like the retail disks which will not install on a non-Apple branded system.
That is a special version made for Macs sold during the transition time. They had already shipped the machines before Leopard was ready.
But there is a full version on that disc, how is it an upgrade?
From the Apple complaint:
18. Apple licenses the use of its Macintosh operating system ("Mac OS") software for use only on Apple-labeled hardware. Indeed, an original version of the Mac OS is available only with the purchase of a Macintosh computer. Upgrades to the Mac OS may be licensed separately, but the terms of the licenses prohibit the use of the Mac OS or its upgrades on non-Apple hardware.
Seems to me like they're all upgrades.
So if an upgrade isn't installed how, exactly, does it get onto the hard drive?
In all seriousness the retail copy is still an upgrade. That it doesn't check for a previous system has no bearing on its status as an "upgrade". Doesn't it say quite a bit about society that people are saying that Apple is wrong because they use the honour system?
Apple is wrong because it is an evil corporation that chooses to make a profit instead of letting the people do whatever they want with something they did not do anything for. It's that entitlement thing showing itself again.
"I am entitled to everything I want, because I say so."
I think you missed the humour. The OP said, in essence, that an upgrade isn't installed. So, not matter the software, if an upgrade isn't installed....
I've done it. I won't provide the details as I don't want to break the forum rules, but you can find guides the usual place.
To be slightly more specific, you need a special boot cd (or an USB stick) to be able to install OS X on a non-Apple computer. It is unclear whether the software on this boot CD is under copyright from Apple or is a violation of the DMCA.
Then that is modification.
You CAN install XP without some special boot disc, you can install OS X on a Mac without a special boot disc, but you need some third-party software hacks to install OS X on a non-Apple PC.
I agree.
I think this will never get to court and that Apple will do all that is needed to make this not happen. This includes paying large sums of money to psystar in order that they just to go away and stop making a noise in the playground..
LOL. I guess some people just can't, won't, refuse to see the truth. This whole thread is full of people not seeing the apple plan for what it is. Oh well. You will all find out when the courts say so I guess. But when that happens and it will you all will be posting in the forums about how you just installed OS X on your Dell and love it.
LOL. I guess some people just can't, won't, refuse to see the truth. This whole thread is full of people not seeing the apple plan for what it is. Oh well. You will all find out when the courts say so I guess. But when that happens and it will you all will be posting in the forums about how you just installed OS X on your Dell and love it.
And what will you do when you are proven wrong and the countersuit gets tossed out?