PC users often argue that one of the big selling-points of PCs is price and choice. They claim that they have a huge amount of models and price ranges to choose from for computers which offer the same or better specifications than Apple products.
Well Miami based manufacturers Psystar recently decided it was time to change Apple’s monopoly on things.
Back in April 2008, they decided to sell what they called “Open Computers” in the USA which came pre-installed with Mac OS X Leopard. Prices started at just $399. Apple were obviously furious about this and after a lengthy legal battle, US courts ruled today that Psystar had broken copyright infringement and would have to cease trading. The court ruled that Psystar had broken the law on 3 grounds – reproduction, distribution and the creation of derivative works.
Psystar put up no defense to the first charge, but the second and third were more interesting battle grounds as they may well have set the boundaries of what is and is not acceptable for computer manufacturers that try to emulate Apple hardware and software.

Psystar replaced the OS X bootloader, disabled and removed Apple kernel extensions, and added its own kernel extensions. Psystar acknowledged that it made those modifications. But Psystar claimed that didn’t make its copies of OS X “derivative works,” because it didn’t actually modify Apple’s source code. It merely replaced some of it with its own.
The court decided this argument was “unavailing” but only because Psystar failed to prove any supporting evidence of such a “derivative work”. Whether this is because there aren’t any, I’m not legally qualified enough to say but it may certainly give hope to those manufacturers who can work out a way round this. Continue reading “Apple v Psystar and the Hackintoshes”


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