Psystar files official notice of appeal, ruthlessly attacks windmill

Endgadget ^ | 01/16/2010 | By Nilay Patel

[Swordmaker]

We're still not clear on whether Psystar is still in business, or if it's selling anything other than T-shirts, but the would-be Mac cloner isn't totally out of the game yet: it's filed an official notice of appeal in the California court, which means it's going to try and fight that decisive victory and injunction won by Apple a month ago. Just based on the simple open-and-shut legal reasoning involved in the decision -- surprise, you can't copy, modify, and resell a copyrighted work without permission -- we'd say this appeal is a long shot, but we didn't go to Harvard Law School like Psystar attorney Eugene Action. Man, we missed that guy. Let's quote from his website again, shall we?

The matrix is born and the energy sucking machine herds Americans into pods of predetermined limitations. Forced programming on your computer is just one of the provisional patents looming against freedom and democracy. Capitalism spurring innovation and creativity through open and competitive markets is at risk on this new frontier. This new battle is being fought on the abstract electronic plains of America while most of us cannot even open our email. The beachheads are red with the blood of ambitious Americans gunned down for their initiative.

Let's be honest: we never, ever, want this story to end.

P.S. -- Wondering why Rebel EFI is listed as "out of stock" on the Psystar website? It's because there isn't any stock, shockingly enough -- in a statement filed with the court on December 31, Rudy Pedraza says all copies of the bootloader have been destroyed except for one that's in the possession of his attorneys. Between this appeal and the pending case in Florida over Snow Leopard, we'd say that means it'll be a long time before the software is back on the scene -- enough time for the legit OSx86 scene to leapfrog it entirely.

[dayglored]

> I’m going to call Los Hermanos Psystar and see if they need any marketing help

Great idea, you do that. They definitely need something, and your help might just be the thing that makes the difference...

[dayglored]

> OSX is a turkey, is doomed

Are you just talking crap, or do you want to back that with a bet? Name the date when it dies. On or before, you win; after, I win. Winner donates $20 to FreeRepublic.

Alternately, same terms on a bet for which dies first, Windows/NT or OS-X. I'll bet the NT dynasty (NT4/2K/XP/Vista/7) NT kernel/codebase is replaced before OS-X (big-cats) Unix/Mach kernel/codebase is replaced.

[dayglored]

> ...if you take those Academic Licensed copies and try to sell them installed on a machine in a retail store, Microsoft WILL come down on you if you try it. They all have big stamps that indicate ‘NOT FOR RETAIL SALE’.

Much like Apple, Microsoft tolerates a certain amount of quiet abuse by individuals. Academic copies get used for non-educational machines all the time, but as long as they aren't being resold for commercial use, MS doesn't really care.

But like you say, try selling them retail and all of a sudden Rudy wants ta buy yez a drink...

[dennisw]

All bets aside ....(the next dip of this double dip recession will be Apple’s death blow)
The OS war is about to get very interesting
When google releases its Chrome OS
It just might snowball into a monster that eats into Microsoft and JobsGang share of OSs being used

Chrome OS is very broadband internet oriented (sorta needs it) and thin client oriented. You will first see it on netbooks. Chrome will kill OSX. It will slowly strangle it because you Apple fanbois are all wet....

Because The future is in cheap commodity thin clients not gussied up Apple boxxen and laptops

Commodity boxes and laptops are already much much better than the Apple fanbois think. Much better that a few years ago. It’s not as difficult as it used to be to put together a superior box or laptop that does not have hardware breakdowns

[dayglored]

> Chrome will kill OSX. It will slowly strangle it because you Apple fanbois are all wet....

Now now Dennis, you know I'm not an Apple fanboy, so save the insults for others. I just don't hate Apple, as you appear to.

> Because The future is in cheap commodity thin clients not gussied up Apple boxxen and laptops

Or gussied up Dell boxen and laptops, or gussied up HP boxen and laptops, right? If your argument is correct, then -all- the hardware outfits will be in trouble. Since Dell and HP are already in dire straits, it may be the end of them before Apple falls over.

> Commodity boxes and laptops are already much much better than the Apple fanbois think.

Currently the only thing that saves the cheap "commodity" units is the fact that people trash them within two years, before they start suffering serious hardware problems. Macs tend to have a longer useful lifetime. But we'll see if you're right, soon enough.

[dennisw]

Currently the only thing that saves the cheap “commodity” units is the fact that people trash them within two years, before they start suffering serious hardware problems. Macs tend to have a longer useful lifetime. But we’ll see if you’re right, soon enough. ........

You’ll know when the pac-man starts chomping away at the Apple stock price. Yes all box and laptop sellers will be impacted but Apple more so because more of the JobsGang revenue comes from high priced items. IOW Dell and HP are already closer to being commodity sellers

[dennisw]

I’m the Apple anti-fanboy

[SunkenCiv]

Wow! That quote from their website is the craziest leftist screed I’ve read in some time. Thanks SM.