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I haven't read the whole thread, but this is what I posted on Engadget about the same topic:

Let's use an example from everyday life to prove that there's nothing wrong here. Hamburgers. Anyone who knows how to make them can sell them. Nobody has a monopoly on hamburgers.

So, let's say that Joe's Burger Place decides to sue Burger King. Joe wants the recipe so he can sell Whoppers at his burger place, because he doesn't think it's fair that you can only buy Whoppers at Burger King. The Burger King bigwigs say that they want Whoppers only sold at Burger King, because they're the ones that make them and they hold the rights to it.

Who do you think will win?

Again, you're not seeing the problem. What that would be like is if Joe's Burger Place bought the recipe from Burger King. They didn't just start making them, they paid Burger King for the permission, but they use their own ingredients to make the burger.
 

mm1250

macrumors 6502
Sep 3, 2007
327
43
I think Apple would be best if they just purchased this company and closed it vs. fighting this out in court. It's to risky. They actually have some Merritt.

but we all know Apple is Arragon so they will fight it out.
 

megfilmworks

macrumors 68020
Jul 1, 2007
2,046
16
Sherman Oaks
The catch could be that they are a "Hardware" company and they also write software for the hardware and open the ability for others to write software for their hardware. A loophole to be sure, but the sales generated would have to be primarily on Hardware. Another issue to point out is Apple doesn't hold a majority market share so they could be exempt where as MS has held a major markshare since Jesus walked the desert.
I tend to agree with this approach. Hardware company and far from controlling the market with majority share.
Suit: Fail (actually they will settle out of court for a nice NDAed sum).
 
Then how come you have to use Psystar's version of OS X, and their updates. Check the site. It will tell you that the retail disc will not work, and Apple's updates will not work. There is something shady there.

OK, my thread was misleading - OS X will need to be modified, but ONLY to remove the stuff that Apple added to prevent people installing it on 3rd party machines. Not to add things or re-write the operating system, only to remove the 'locks'
 

Unspeaked

macrumors 68020
Dec 29, 2003
2,448
1
West Coast
I'm going to sue Lexmark because I can't use their ink in my Canon. *

I'm going to sue Nintendo because I can't play my Wii games on my PS3. *

I'm going to sue Apple because I can't run their OS on my PC. *


One major difference here (and I'm not saying this validates anything, but it's worth noting) is that plenty of people are running Apple's OS on PCs.

You cannot get Lexmark ink into a Canon printer.

You cannot get a Wii game to play on a PS3.

You can run Mac OS X on a PC.

Again, I'm not saying it's right - just that it's possible.
 

donlab

macrumors 6502
Jun 3, 2004
305
94
USA
Its simple.

Its all about design and making a great product. Apple makes the hardware and software. The software (made by apple) is designed to run on apple hardware (designed by apple). So whats the fuss all about?
 

zombitronic

macrumors 65816
Feb 9, 2007
1,127
39
So that person should then be forced to pay a fine or go to jail for using a non bakery sanctioned toaster?

Yay dictatorial control!

No, but that person doesn't have a case to sue the baker if they bought the bread under an EULA.
 

Copland

macrumors regular
May 26, 2006
114
0
Rochester, NY
Yea, bakeries should sell you bread but only allow you to toast it if you buy their toaster.
Sure! I think that a bakery has that right, if they choose to. Now, very few people would buy it and the company would probably tank. Consumers would likely flock to other bakeries with a more lenient terms of use.

But this bakery you speak of might be appealing to some, especially if the toaster is particularly good at toasting the bakery's bread (catching my drift? ;) )

This would only be a problem if for some reason this bakery were the only ones in the world able to make bread. Then you'd have a problem...
 

Joe The Dragon

macrumors 65816
Jul 26, 2006
1,031
524
But Microsoft can now legally sell the same product at two different price points based on whether it is an "upgrade" or an original purchase. All Apple would have to do to counter a judgement is rename its current retail OS box to be the "upgrade" version and offer an "original" version at $700. In fact, Apple could do this preemptively, even before a judgement, and it possibly would make the suit moot.
they should have a low cost OEM version like windows does that costs less then the boxed upgrade and is a full install.
 

r.j.s

Moderator emeritus
Mar 7, 2007
15,026
52
Texas
OK, my thread was misleading - OS X will need to be modified, but ONLY to remove the stuff that Apple added to prevent people installing it on 3rd party machines. Not to add things or re-write the operating system, only to remove the 'locks'

That's still copyright infringement, which is what Apple is suing for.
 

kntgsp

macrumors 6502a
Jul 27, 2004
781
0
Or better yet, let's have car manufacturers tell us how far we can drive our car, or what type of maintenance we HAVE to do to it, or what we can or cannot add/subtract from the car. Ohh... wait a tick.



I'm sure you aren't allowed to use that vehicle for drastically less money than you would if you bought it. I'm sure it's just people blindly agreeing to contracts despite there being alternatives with the same fees and no usage restrictions.

Ohh.. wait a tick.

You honestly think that car companies would suddenly be able to require leases for ALL vehicles. Every car manufacturer. No one would be able to own their own vehicle anymore. There would be no sales.

Here you go consumer, there are now EULAs on all vehicles. You cannot buy one anymore. Now that we have you by the nuts, let's discuss usage.

You may not recline your seat past 90 degrees while driving. Radios will be disabled. You must purchase new tires from us at a drastically higher than market average every 3,000 miles regardless of tire wear. Etc, etc, etc.

You really wish for that? Enjoy.

Here's an analogy: All roads are made for vehicles of a certain diameter and length. Now let's say 95% of the roads in the country are built to those specifications. They all require EULAs.

Now in order to use a non EULA vehicle, you're required to use a vehicle with a slightly wider diameter. It doesn't restrict what you can do within it. However you are now limited to 5% of roads.

Regardless of whether people WANT a EULA vehicle or not, they're forced to choose one if they want to visit their children or get to work, or go on vacation. You get what I'm saying?

It is the definition of an unconscionable contract of adhesion.
 

ataylor

macrumors member
Jul 15, 2008
44
0
Again, you're not seeing the problem. What that would be like is if Joe's Burger Place bought the recipe from Burger King. They didn't just start making them, they paid Burger King for the permission, but they use their own ingredients to make the burger.

Apparently you're the one not seeing the problem. If Joe's Burger Place starts selling a burger called the Whopper without permission from Burger King, they are the ones at fault.

Is this really that hard to understand?
 

kntgsp

macrumors 6502a
Jul 27, 2004
781
0
Sure! I think that a bakery has that right, if they choose to. Now, very few people would buy it and the company would probably tank. Consumers would likely flock to other bakeries with a more lenient terms of use.

But this bakery you speak of might be appealing to some, especially if the toaster is particularly good at toasting the bakery's bread (catching my drift? ;) )

This would only be a problem if for some reason this bakery were the only ones in the world able to make bread. Then you'd have a problem...

You'd still have a problem if it was one of two bakeries in the world. And the problem is that if you use the bakery analogy....MOST bakeries would be using EULAs

The bakery analogy is hard to expand on because no one would agree to things that limit their right to feed themselves (that drastically anyway), as it's a basic human right.


Let's take a car lease. It's easier to expand upon and I've already been using this analogy with someone else in this thread, so let's just simplify.

You really think a car dealership should tell you what roads you should be able to drive that leased vehicle on? And no, not how much wear and tear you put on in a year (allotted mileage). But actually which roads you can and cannot drive your vehicle on?
 

Joe The Dragon

macrumors 65816
Jul 26, 2006
1,031
524
A Mini costs $499 with osX and iLife, the profit for Apple can't be much more than $125.
$500 was the g4 mini price the new is $100 more and you have to pay $200 more on top of that to get a DVDRW and you still only have 1gb of ram and slow 2.0 cpu with the POS gma 950 video.
 
Apparently you're the one not seeing the problem. If Joe's Burger Place starts selling a burger called the Whopper without permission from Burger King, they are the ones at fault.

Is this really that hard to understand?

Psystar isn't selling a computer called the 'Mac Pro' here, with a huge Apple logo slapped on the side. They are selling their own version which doesn't even resemble one of Apple's products.
 

squier

macrumors newbie
Jun 21, 2006
16
0
Again, you're not seeing the problem. What that would be like is if Joe's Burger Place bought the recipe from Burger King. They didn't just start making them, they paid Burger King for the permission, but they use their own ingredients to make the burger.
Except Burger King doesn't sell the recipe, they sell you a burger. Apple sells you a license to upgrade OS X from a previous version that was originally included when you bought your mac. It is ~$120 because it's an upgrade and Apple has based it's entire business around selling hardware. By Pystar selling it or installing it on a PC Apple loses all the hardware revenue and is therefore rightfully pissed off.
 

commander.data

macrumors 65816
Nov 10, 2006
1,058
187
OS X will run on a PC WITHOUT MODIFICATION if Apple just allowed it.

... There is a huge difference.
I may be mistaken, but I'm pretty sure OS X itself and/or the install DVD will not boot on a computer with a BIOS. That isn't Apple being anti-competitive, that's just Apple being forward thinking in supporting EFI which is supposed to replace BIOS. I would assume that means some modification will be required to get OS X to run.
 

MaynardJames

macrumors newbie
Aug 27, 2008
18
0
Again, you're not seeing the problem. What that would be like is if Joe's Burger Place bought the recipe from Burger King. They didn't just start making them, they paid Burger King for the permission, but they use their own ingredients to make the burger.

Thats not the same at all. Essentially what Pystar did was bought a Whopper from Burger King (not the rights to the recipe), modified a few ingredients with their ingredients, and sold it at a profit still calling it a Burger King Whopper.
 

donlab

macrumors 6502
Jun 3, 2004
305
94
USA
The hardware isn't made by Apple any more, now it is made by Intel who also make the same hardware for Dell.

Thats my point. The hardware configuration was (designed by apple) in such a way to benefit the OS (made by apple). Who cares who makes the chips. Its just a chip.
 

Unspeaked

macrumors 68020
Dec 29, 2003
2,448
1
West Coast
Apparently you're the one not seeing the problem. If Joe's Burger Place starts selling a burger called the Whopper without permission from Burger King, they are the ones at fault.

Is this really that hard to understand?

This burger analogy is crazy, but I think you're both off.

It would be more like Joe going to Burger King, buying Whoppers and then bringing them back to his place while they're hot and trying to sell them.

Even that is pretty off, but I just don't think this weird burger analogy works at all!
 

r.j.s

Moderator emeritus
Mar 7, 2007
15,026
52
Texas
(which is what this thread is about, I want to see it made legal and hence remove the copyright infringement)

That opens up a whole new can of worms, because that means no one is entitled to intellectual property anymore, and anyone can PROFIT from others' work. Because that's all this is about, Psystar's profit.
 
I may be mistaken, but I'm pretty sure OS X itself and/or the install DVD will not boot on a computer with a BIOS. That isn't Apple being anti-competitive, that's just Apple being forward thinking in supporting EFI which is supposed to replace BIOS. I would assume that means some modification will be required to get OS X to run.

I think that you are mistaken and you can run the standard disk on a version with a BIOS, providing that the hardware is supported by the Kernel.
 
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