Poor old and reliable Psystar. They just don’t know when to say when, and either out of stupidity or bad advice from their legal counsel, they continue to posture up in an attempt to take on Apple. Not too long ago, Judge Alsup issued a broad permanent injunction which not only precludes Psystar from selling machines with pre-installed copies of OS X, but also prevents them from selling their Rebel EFI software.
For the time being, Psystar has complied with the Court order and removed all OS X related products from their homepage. In its place, however, is a pathetically written note wherein Psystar seeks to reaffirm its dedication to stealing, uhh.. i mean selling, OS X on its own hardware. The sad part is that the point of view taken by Psystar in the note indicates that they either paid ZERO attention to any of the court proceedings over the past few months or that they wilfully chose to ignore them so that they could live in wonderful world of ignorant bliss.
Our patience has been tested but our resolve is unwavering. Psystar’s vision of bringing the Mac OS to generic PC hardware is and always will be unyielding…
We respectfully disagree with courts notion that we are “hardcore copyright infringers”. Psystar has never, and will never, condone software piracy. It’s your software, you should be able to use it where you want to. If you purchase an off-the-shelf copy of OS X Snow Leopard, its your right to use that software. A publisher cannot forbid you from reading a book in the bathroom or listening to a music disc while riding your bicycle. There should be no difference in the software realm, no matter how much money Apple or anyone else throws at it. That is the real issue here and what we have always been fighting for.
Hardcore copyright infringers? Psystar?! Surely you jest.
But as for Psystar’s assertion that you can do whatever you want with the software you purchase, it’s misleading to say the least. Sure, you can purchase OS X and put it onto any machine you want. You can use it as a coaster, as a frisbee, or even wear it as a hat. What you can’t do, however, is modify the software, as Psystar does, and sell it as if it were the original.
As an example, let’s say you buy a copy of Twilight from Borders but think the ending is a bit bland. So you decide to rip out the last 20 pages and replace them with your own verbiage. Is that kosher? Sure, you can do with it what you please. But if instead of changing one copy, let’s say that you buy 1,000 copies and make the same changes to all of them, and then try and sell the changed books as if they were the originals to the public at large for a cheaper price. And let’s say you even come up with a snazzy tagline, something like, oh I don’t know, “It’s not Twilight, it’s better!” Is that okay? In short, no. And the law is pretty clear on this.
So to put things in a way maybe Psystar’s money-grubbing founders can understand, a publisher obviously can’t stop you from reading a book in the bathroom, but they sure as hell can stop you from modifying their books and selling them as if they were the originals on the Internet.
The real issue, despite what Psystar would like to believe, is that their entire business model is predicated on copying OS X and re-selling it. Returning to the book example above, the law doesn’t allow consumers to purchase a book, copy it with a copying machine, bind em up, and then re-sell them to the masses.
The sad thing is that this was explained to Psystar by the Court in exhaustive detail a number of times over the past few months. So, again, either Psystar is completely oblivious to what the hell is going on, or they’ve chosen to turn a blind eye and continue the charade that they’re some sort of open software crusaders sticking it to a big and bad and evil corporation.
But having been rebuffed in their efforts to copy OS X, Psystar has moved into the realm of clothing.
“Although Rebel EFI may be temporarily unavailable for purchase on the Psystar online store, those who purchase a t-shirt or donate over twenty dollars will receive one free copy of Rebel EFI once the court has ruled in our favor on this issue.”
Wow. What a deal! 20 bucks and I get a t-shirt and the promise of downloadable software that I’ll most likely never get to download. Sold!
The shirt reads “I sued Psystar” on the front and reads, “and all I got was a lousy injunction.” Clever.