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Pystar gets crushed in court.


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#1 iargue

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Posted 14 November 2009 - 09:40 PM

http://www.groklaw.n...091114101637997

This is a horribly sad day for internet/computer lawsuits. Every day we get fucked over by stupid judges, and soon we cant do anything without someone having control over what we do. Eventually they wont understand that I bought by computer, and I'll be forced to be Dell copyright infringement fees for adding another hard drive or some bullshit like that.

Seriously, I thought our fucking rights where to be tried by a jury of our peers? This old, computer illiterate judge doesn't understand technology :(.

It would appear to be blatantly obvious that this is Copyright Abuse, but whatever.

Pystar lost all their counter suits, where denied ruling, and apple gets to laugh while they are punished.

#2 SadeghiJK

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Posted 15 November 2009 - 12:28 AM

That's disgusting :(

#3 Hydrogen

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Posted 15 November 2009 - 12:49 PM

I don't understand your argument iargue. Apple locks their operating system to their hardware. Psystar cracks that lock and makes it run on other hardware and profits from that unlock. They are then selling the OS licenses. Psystar had no case and one of their lawyers even acknowledged this. If you feel this is a blatant copyright infringement case, then what are you so upset over? :/ I know you don't like Apple (:p) but I wouldn't go so far as to say that you are upset over the fact that Apple won just because Apple won though.

Also a jury of your peers is only required in a civil case. This is a corporate lawsuit and so a jury of your peers is not necessary.

#4 hahaman

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Posted 15 November 2009 - 06:08 PM

what's the issue here?

apple worked hard to write that crap after years and years of development

this guy's selling these commercially, even if not as a single item but also as a factor for commercial gain

it's like you guys spending years writing all your neopets software and releasing it, then someone taking it and removing the neocodex logon necessity so it doesn't go through here anymore, and putting it all into a one-install system and charging $100 per copy without going through you writers or paying you anything at all while he makes thousands and thousands of dollars

would u want that?

#5 iargue

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Posted 15 November 2009 - 08:34 PM

I don't understand your argument iargue. Apple locks their operating system to their hardware. Psystar cracks that lock and makes it run on other hardware and profits from that unlock. They are then selling the OS licenses. Psystar had no case and one of their lawyers even acknowledged this. If you feel this is a blatant copyright infringement case, then what are you so upset over? :/ I know you don't like Apple (:p) but I wouldn't go so far as to say that you are upset over the fact that Apple won just because Apple won though.

Also a jury of your peers is only required in a civil case. This is a corporate lawsuit and so a jury of your peers is not necessary.



The things is, this is a blatant copyright misuse. They are a monopoly by abusing their copy right. If you want to use Mac OSX on another computer(Not even commercially), then you violate their copyright. Given the fact that they overcharge for their hardware, and do not allow anyone to use their software without paying for really really over prices hardware. Its obvious that this is illegal. Unless your telling me its okay to charge 120 dollars for software, and 1200 dollars for hardware which only cost them around 100 dollars.

what's the issue here?

apple worked hard to write that crap after years and years of development

this guy's selling these commercially, even if not as a single item but also as a factor for commercial gain

it's like you guys spending years writing all your neopets software and releasing it, then someone taking it and removing the neocodex logon necessity so it doesn't go through here anymore, and putting it all into a one-install system and charging $100 per copy without going through you writers or paying you anything at all while he makes thousands and thousands of dollars

would u want that?



Pystar pays for every copy of Mac OSX that they use. They buy a copy, but it on a computer, and sell it. Apparently, thats illegal, simply because its not on Apples hardware.

You dont have to modify the OS at all to put it on a computer, you simply flash your bios.

#6 hahaman

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Posted 15 November 2009 - 10:03 PM

was it ever written on the T&C or TOS of Mac os?

i can't comment then until i read a legit copy of that

Edit: EULA actually, couldn't remember the term until i hit 'post' heh

Edited by hahaman, 15 November 2009 - 10:03 PM.


#7 iargue

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Posted 15 November 2009 - 10:07 PM

was it ever written on the T&C or TOS of Mac os?

i can't comment then until i read a legit copy of that

Edit: EULA actually, couldn't remember the term until i hit 'post' heh


EULA's are not the law. Its just an agreement between you and Apple. Pystar never agreed to their EULA because they where not the End Users, therefore it doesnt even apply to them.

#8 Hydrogen

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Posted 15 November 2009 - 10:20 PM

The things is, this is a blatant copyright misuse. They are a monopoly by abusing their copy right. If you want to use Mac OSX on another computer(Not even commercially), then you violate their copyright. Given the fact that they overcharge for their hardware, and do not allow anyone to use their software without paying for really really over prices hardware. Its obvious that this is illegal. Unless your telling me its okay to charge 120 dollars for software, and 1200 dollars for hardware which only cost them around 100 dollars.

Pystar pays for every copy of Mac OSX that they use. They buy a copy, but it on a computer, and sell it. Apparently, thats illegal, simply because its not on Apples hardware.

You dont have to modify the OS at all to put it on a computer, you simply flash your bios.

Apple has checks to make sure it's being installed on their hardware. Psystar has to crack that, thereby modifying the product and creating a derivative work. That, therein, is where the copyright is broken. Apple creates the software, and can do with it whatever they choose. Microsoft chooses to license it out in a different way than Apple does. Just because it's not what you're used to doesn't make it illegal :p.

Whether or not they overcharge for their hardware is a personal opinion. It's not anyone's place to tell people what they should spend their money on. If they have earned their money legally, they can spend it on anything they want. It's their money.


#9 ericcc

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Posted 15 November 2009 - 10:47 PM

Unless your telling me its okay to charge 120 dollars for software, and 1200 dollars for hardware which only cost them around 100 dollars.


Welcome to the world of business.
They can charge whatever they want.
You don't have to buy it if you don't want to. Other people do buy it.
It's considered a luxury brand for the most part SO ITS GOING TO BE MORE EXPENSIVE

Just like saying you buy a Ford Focus for $15,000 or a BMW for $60,000
they both do the same job
Ford is generic
BMW is Luxury

#10 iargue

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Posted 16 November 2009 - 08:19 AM

Apple has checks to make sure it's being installed on their hardware. Psystar has to crack that, thereby modifying the product and creating a derivative work. That, therein, is where the copyright is broken. Apple creates the software, and can do with it whatever they choose. Microsoft chooses to license it out in a different way than Apple does. Just because it's not what you're used to doesn't make it illegal :p.

Whether or not they overcharge for their hardware is a personal opinion. It's not anyone's place to tell people what they should spend their money on. If they have earned their money legally, they can spend it on anything they want. It's their money.



The hardware is exactly the same as every other computer. The way the checks work is by checking for a chip, or the bios, and identifying it as Apple's

Its not a personal opinion of if they over charge for their hardware. To require that you spend 1200 dollars on hardware you could buy for 250 dollars, IS ILLEGAL. I could buy every part that apple has in their computer from intel/nvidia/whoever makes their ram/hd/cd drives. They simply order bulk parts from a manufacturer. The truck takes half to Dell, half to Apple. Nothing is different in any way. Apple then installs a checking device/flashes the bios.

Inform me how it is not illegal to force someone to pay outrageous amounts inorder to use a 120 dollar piece of software?

#11 Hydrogen

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Posted 16 November 2009 - 08:23 AM

The hardware is exactly the same as every other computer. The way the checks work is by checking for a chip, or the bios, and identifying it as Apple's

Its not a personal opinion of if they over charge for their hardware. To require that you spend 1200 dollars on hardware you could buy for 250 dollars, IS ILLEGAL. I could buy every part that apple has in their computer from intel/nvidia/whoever makes their ram/hd/cd drives. They simply order bulk parts from a manufacturer. The truck takes half to Dell, half to Apple. Nothing is different in any way. Apple then installs a checking device/flashes the bios.

Inform me how it is not illegal to force someone to pay outrageous amounts inorder to use a 120 dollar piece of software?

Are you just upset because Apple won? O_o

You asked this question weeks ago and people responded then with the fact that its a person's choice on whether to buy or not. They've earned their money and it's neither your place nor mine to say what they should spend it on. Furthermore, any businessman or business can set their own price and it is up to the consumer to choose whether to buy it or not. Even after people post this, you wrote the same argument again as if it was going to be revalidated simply by saying it in different words (O_o).

Either you're not reading others' posts or you're not understanding what they say O_o.

#12 iargue

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Posted 16 November 2009 - 08:35 AM

Welcome to the world of business.
They can charge whatever they want.
You don't have to buy it if you don't want to. Other people do buy it.
It's considered a luxury brand for the most part SO ITS GOING TO BE MORE EXPENSIVE

Just like saying you buy a Ford Focus for $15,000 or a BMW for $60,000
they both do the same job
Ford is generic
BMW is Luxury


They cannot charge whatever they want. Thats illegal. Welcome to the word of government protection.

The Software may be luxury, but the hardware certainly is not. Apple has no claims over the hardware, Apple does not produce any hardware.

Your car anology is EXACTLY what I am talking about. Failure to understand technology is what is screwing us over in lawsuits. Its why the RIAA wins thousands of cases without having any proof. Its why blizzard won against MMOGlider using a copyright lawsuit.

Ford and BMW do not have the same parts. BMW has alot better parts, and alot more features. If you are comparing Microsoft and Apple, your comparing Operating systems, at which, the prices are relatively close. Apple only makes 1 thing. An operating system. They dont make the hardware, and their hardware is in no way different then any other piece of hardware out there. If bmw was to take a ford car, and label it BMW, and sell it at $60,000 dollars, then your analogy would be correct. Of course, people do understand cars, and no one will buy a BMW(ford) at 60k when they can get the exact same car at 20k. People do not understand technology, so when they are looking for computers, Apple tells them their hardware is better. Whcih is a lie. And when someone does want their hardware, Apple denies them their software.

Are you just upset because Apple won? O_o

You asked this question weeks ago and people responded then with the fact that its a person's choice on whether to buy or not. They've earned their money and it's neither your place nor mine to say what they should spend it on. Furthermore, any businessman or business can set their own price and it is up to the consumer to choose whether to buy it or not. Even after people post this, you wrote the same argument again as if it was going to be revalidated simply by saying it in different words (O_o).

Either you're not reading others' posts or you're not understanding what they say O_o.



Your not listening to what I am saying. I'm telling you its Illegal. You dont understand that. There are laws and regulations in place that are their to prevent someone from overcharing and taking advantage of consumers. This is blatant copyright misuse.

And you ignore that, and go on about how its people choices. This has nothing to do with a consumers choice, this is about the legality of what they are doing.

#13 Hydrogen

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Posted 16 November 2009 - 08:39 AM

...

Are you trolling?

O_o

#14 iargue

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Posted 16 November 2009 - 08:42 AM

...

Are you trolling?

O_o



Again you ignore my question....

I'm litteraly wanting to know how you can possibly believe that its okay to charge triple the price for hardware, simply so you can put a piece of software on it. Ignoring consumer choice, and focus on legality.


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