Tech Broiler

Jason Perlow and Scott Raymond

Psystar's Thermopylae: The Nightmare Hypervisor Arrives

By | October 5, 2009, 3:54pm PDT

Summary: Miami, Florida-based Psystar, which is currently under litigation from Apple for producing Mac-compatible clones and is counter litigating the company for monopolistic practices, has announced that they are OEM licensing their virtualization technology and ICAP so that any PC vendor may easily produce Mac clones. In July of 2008, in my piece entitled “Psystar’s Thermopylae won’t [...]

Miami, Florida-based Psystar, which is currently under litigation from Apple for producing Mac-compatible clones and is counter litigating the company for monopolistic practices, has announced that they are OEM licensing their virtualization technology and ICAP so that any PC vendor may easily produce Mac clones.

In July of 2008, in my piece entitled “Psystar’s Thermopylae won’t end Apple’s Clone Nightmare” I wrote the following during the heat of the inital phases of the Psystar vs. Apple imbroglio:

“…If I were Psystar, I’d poison pill the entire situation for Apple by making all of the ICAP they created to build the systems — sans the Apple OS X software itself — available on a public website. Then Apple will have a huge mess on their hands.

Such a thing doesn’t exist now, but give it a year, and Nightmare Hypervisor will rise from the depths to bite a chunk out of Apple’s juicy flesh

Let’s face it — virtualization is eventually going to make the hardware dependent eccentricities of OS X and Mac’s feeble attempts at DRM meaningless..”

Click on the “Read the rest of this entry” link below for more.

That was 14 months ago.

Flash forward to October 5, 2009. Psytar, which is currently in the depths of litigation that will almost certainly bury the company in legal bills, announced the following:

“Psystar will begin certifying manufacturer’s hardware to allow the licensing of Psystar’s new virtualization technology, effectively making their systems Mac OS X compatible. Psystar’s virtualization technology, specifically engineered for Snow Leopard, allows for seamless operation of the Mac OS on generic Intel Hardware and would be offered on all Psystar Certified machines.

In an effort to spread the Snow Leopard experience to an ever-expanding number of people, the licensing initiative will allow manufacturers to have their hardware Psystar Certified and have their computers pre loaded with our unique technology including the Darwin Universal Boot Loader (DUBL)”

Translation: Hello Persians, meet the Spartans. Or rather, the Chinese, the Russians, the Koreans, and any other vendor that resides in a country where Apple has little legal recourse. The Nightmare Hypervisor, as predicted, has arrived.

Will Psystar be able to successfully make a business model out of licensing the “Cloning Kit” to OEMs? Probably not. Apple almost certainly will sue the company to oblivion before that happens. But that’s not important.

What’s important is that an easily reproducible method for making Mac OS X run on any PC hardware in existence is going to find its way into the wild, one way or another. Psystar’s DUBL and virtualization techniques are going to become part of the discovery process of any ongoing or new litigation, and they will be open for public examination. And almost certainly, before the company dies, this DUBL and virtualization technology, which is based upon Open Source software, will end up being sold or distributed on public websites by vendors outside of the US where Apple has little or no reach. It will live on long after Psystar dies.

So if Simple Mac Cloning for Dummies becomes a reality — which at this point is inevitable — it merits further analysis of whether Apple itself should put the entire situation at rest by assembling a fully sanctioned OEM licensing program in partnership with the key PC vendors, such as Dell, HP, Acer and Lenovo. No matter how hard they try to stop it, Apple is going to lose control of what Mac OS X can run on, so they might as well prepare for “Kosher” implementations of Mac clones rather than foreign sites which will sell “cloning kits” based on on Psystar’s methods.

Psystar will die. No doubt about it. But their legacy is going to live on long after it is gone and provide the fuel for further revolt. It’s up to Apple and Steve Jobs to learn the lessons of the Persians and fully embrace the idea of fully legal Mac Clones before its monopolistic hardware reign ends, as Darius’ great empire fell to the determined armies of united Greeks, who remembered the brave Spartans in their historic battle.

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Jason Perlow, Sr. Technology Editor at ZDNet, is a technologist with over two decades of experience integrating large heterogeneous multi-vendor computing environments in Fortune 500 companies.

Disclosure

Jason Perlow

My Full-Time Employer is IBM. I write as a freelancer for ZDNet.

Disclaimer: The postings and opinions on this blog are my own and don't necessarily represent IBM's positions, strategies or opinions.

I own no investments or direct financial instruments in the companies I write about.

Biography

Jason Perlow

Jason Perlow, Sr. Technology Editor at ZDNet is a technologist with over two decades of experience with integrating large heterogeneous multi-vendor computing environments in Fortune 500 companies. A long-time computer enthusiast starting the age of 13 with his first Apple ][ personal computer, he began his freelance writing career starting at ZD Sm@rt Reseller in 1996 and has since authored numerous guest columns for ZDNet Enterprise and Ziff-Davis Internet. Jason was previously Senior Technology Editor for Linux Magazine, where he wrote about Open Source issues from 1999 to 2008.

In his spare time, Jason is an avid amateur chef and food writer, where his work reviewing New Jersey restaurants has appeared in The New York Times. He is also the founder of the popular food web site eGullet and blogs about restaurants and cooking at OffTheBroiler.com.

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RE: Psystar's Thermopylae: The Nightmare Hypervisor Arrives
JACOBSONR 14th Oct
Good day to confirm this comment I would appreciate T h e b e s t o f Z D N e t d e l i v e r e d your website very nice to everyone Yes, Oracle is the only one with shared-disk architecture, but that is there advantage. It means you can add or remove nodes and the database lives on. In a shared nothing architecture, if you lose a node, you lose the system. I'm sure Oracle appreciates EMC highlighting their advantage.I also desire to signal in your RSS feeds. Thank you as soon as once again and maintain up the great operate Awesome post! Thank you very much || thanks for nice content this is really benefit to me.
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nt
... but otherwise, nice imitation.
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What I don't understand...
zach.winchester 7th Oct 2009
...and it's probably because I've been busy being a husband and father and not had time to monitor the situation since a while before they did this, is why did they STOP using their own proprietary hardware base? I mean, if Apple doesn't want people making Mac Clones, why in the world would they go to using OFF THE SHELF computer hardware!!!???

Was it a cost of parts issue? If that's the case, and they're getting a much better deal on the PC parts than they were on their own more proprietary parts, why not pass that savings on to the end user, thereby creating more of a cost-based incentive for people to still purchase GENUINE Apple PCs - I mean, Macs?

If it's a competition in performance issue, I can't at this point come up with an argument for that, either pro or con.

But, it seems that if Apple was so dead-set AGAINST the Clone market idea, they wouldn't have dropped the non-proprietary hardware and software.

With the older "new" Macs, it was harder to run Windows on them, and you SURE couldn't run it "native" - it had to be done under some sort of virtualization software or additional hardware in conjunction to virtualization software. (IE, the "orange pc" type setup.)

And, it seems like they would have done something, pulled something out of their cornucopia of creativity to boost productivity of their hardware and suffer *some* hardware price-loss (well, profit loss, but just a little, not a lot...) in order to ship faster and more powerful machines.

If I can go down to the "store" and buy an ASUS motherboard, this processor, that video card, and so on and so forth, and the ONLY difference between a Mac and the computer I put together is the one I put together costs FAR less and minus ONE CHIP that differentiates the motherboard between Mac and PC, where is the GENUINE advantage (sorry, microsoft for using your catchphrase - don't sue me, please!) in buying a GENUINE Mac?

If I can get the Mac OS - legitimately, disregarding the illegitimacy of RUNNING said OS on non-Mac hardware - and install it with VERY little difficulty, so long as I'm purchasing a fully legitimate copy of the OS, I don't see the advantage to having a big pretty Apple Logo on my hardware? (Aside from the fact it would make my computer far sexier than the average PC... just look at my eMAChine - I mean, my Emachine with the Apple logo on it!)

Yeah, Apple... back before you dissed your own PPC processors in favor of the Intel setup, I was ALL FOR purchasing and using a LEGITIMATE Macintosh, after all, it was the HARDWARE that made you different from the "core" out!!!

As far as I can see it, Apple has few options here:
#1. Continue on insisting that their hardware and software is unique and rely on brand-loyalty and "easy converts" looking for a status symbol than using the Mac for what it's truly capable of and end up losing large amounts of opportunity to unlicensed clone manufacturers.
#2. License out to specific OEMs so that they can run the Mac OS on their machines but still give credit where credit is due, lose less money, and realize that a LOT of people will insist on "brand loyalty" and the legacy that Apple has to convert former PC users thereby generating more cash flow for the company.
#3. Return to a truly Apple/MacIntosh SPECIFIC hardware design, rethink thinking differently and dramatically increase productivity and all the things that a chip manufacturer and hardware OEM need to do in order to blow an alternative away, REBUILD their OS:X to something that, while still retaining the power of Linux/Unix/*nix, is compiled specifically for THEIR processor, THEIR BUS, THEIR Motherboards, designed from the ground up to NOT be a PC. Then, turn it into an AWESOME machine capable of blowing away a "similarly equipped" PC such as what was so prevailant back in the 90's and therabouts after. Then, the money, and loyalty, and converts, and wannabes and hackers/crackers, etc. will return to the true Apple/Mac and once again bring back the "glory days."

Or, get sued out of existance by anti-trust and anti-monopoly lawyers the world over.

(oops... did I type that out loud?)
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Well, when it stops 'just working' remember it's not Apples fault!
No More Microsoft Software Ever! 16th Nov 2009
You want OS X? Buy Apple hardware. Perhaps Apple should go the Microsoft route and determine if your hardware is actual Apple hardware and 'stop' the OS from working (i.e. Windows Authentication)?
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Time for Jobs to send the immortals
markbn Updated - 5th Oct 2009
to fight little Psystar and pals
(movie is so awesome....)
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The Imortals...
zach.winchester 7th Oct 2009
I am Duncan MacIntosh of the Clan MacIntosh. I am Imortal. There can be only one.

SLIIIIIIIIIIIIIIIIIIICE!!!!!!!!!!!!!!!!!!!!!!!!!!

Stunned look on Psystar's head as it slides off shoulders...

!/!/!/LIGHTNING\!\!\!

(Yeah, right!)
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And Psystar fights in the shade. (nt)
Letophoro 5th Oct 2009
..
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nt
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And how well did they fare
GuidingLight 6th Oct 2009
at the end of the movie...?
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Sure they died.
Letophoro 6th Oct 2009
But they did damage entirely out of proportion to their relative numbers while galvanizing a resistance. Psystar might end up doing the same to Apple by making Apple's hardware sales disappear.
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Contributr
But about 150 years later, Alexander the Great and his armies that remembered the battle of the Spartans and Persians at Thermopylae laid waste to the entire Persian empire, mercilessly.
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When are you folks gonna get it? Apple is a hardware vendor. They are not looking to compete with Microsoft by selling operating systems. All they have to do to stop clone-makers dead in their tracks is to add some type of hardware key that can't be duplicated because it is a sealed "black box" technology than can't be analyzed by non-destructive means. Most of the people with legitimate Macs wouldn't care and the general public wouldn't care about the very small number of people with bootleg Mac clones who suddenly found their computer died because of an update.
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A hardware key, you mean like ProTools?
trance2tec 6th Oct 2009
.... because Pro Tools already does the same thing and is hacked almost immediately after each release.
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Pears and bananas
rtk 6th Oct 2009
They are not looking to compete with Microsoft by selling operating systems.

Then, they should stop competing with MS by selling their Operating System.

All they have to do to stop clone-makers dead in their tracks is to add some type of hardware key that can't be duplicated because it is a sealed "black box" technology than can't be analyzed by non-destructive means

Or better still, stop selling OS X at retail. Apple's technical chops preclude them from making some kinda "black box".

They can't even stop the jailbreakers, for instance.
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Too late ...
johnfenjackson@... 6th Oct 2009
... once Pandora's box is open there is no shutting it.

The case of illegal tying has come to court. If Apple loses this case (it may win the other case) then any future attempts to re-entrench will not only be transparent but result in severe penalties.
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you mean...
Mectron 6th Oct 2009
Apple is a OS seller, who use generic x86 (or x64) hardware to make it's OS run. but since apple whole business model is based of extremly high (borderline illegal)profit margine. (29$ OS, yea right). Mac Clones (who are completly LEGAL) will mean that Apple actually have to compete legally and finally understand that a computer is NOT A VIDEO CONSOLE.

A powerfull mac Clone for 600$ yes i whould get one, a overprice underpowered computer a 2000$ no thanks.
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Apple bashing, again and again...
Joseph_Proudhon Updated - 5th Oct 2009
Mister Perlow, do you hate Apple for being a hardware company ?

You want Apple to license Macos but do you remember the "OS/2"
episode ? Do you want MS to do for Apple what they did for IBM ?
http://en.wikipedia.org/wiki/Criticism_of_Microsoft#Licensing_agreemen
ts

Goooood morning , Redmond...
0 Votes
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eom
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Monopoly of what?
People 6th Oct 2009
.
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[nt]
If MS has a monopoly on a subset of the "personal computer" market, Apple has a monopoly on the rest.

Can't have one without the other.
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Of hardware capable of runing OS X
GuidingLight 6th Oct 2009
No one holds a monopoly of hardware capable of running Windows or Linux, there are many a vendor to chose from, including Apple.

Yet attempt to purchase hardware capable of running OS X, and you have a different issue.
0 Votes
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eom
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But how is it a monopoly when said hardware is only 4% of the market?
No More Microsoft Software Ever! 16th Nov 2009
Please! Get over yourselves. Apparently on us folks that a rich and/or intelligent buy Apples.

Want to join the minority? Go back to school!
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But why would you need it?
dchase@... 7th Oct 2009
Why do you need to run OSX? What situation exists
that you are forced to utilized OSX and have no
other options but to buy Apple hardware in order
to have/use OSX?
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Few people need any paticular OS...
ShadowGIATL 7th Oct 2009
but Apple is the only company today that requires you to buy their hardware to run their OS.

You seem to be popping blood vessels because people don't feel the same way you do, and I have news for you. You'll not lead a healthy life waiting for people to agree with you.
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Then there is no antitrust.
dchase@... 7th Oct 2009
Well there is no reason to assume that my blood is boiling, or that I am unhealthy. In fact, I dont even use Mac, I'm very happy using Linux.

To get back to the discussion, your argument actually proves my point. No one NEEDS to buy OSX or use OSX. It is not in a dominate position in the operating system market. Apple develops the software and has the right as the developer to limit their software however they see fit as long as they are not abusing a dominant market position (which they don't have) to prevent competition (which they aren't).

The only argument that one could make (and is being made) is that they are preventing innovation on Macs because OSX can only be installed on Macs. The problem again is, Macs are not a market. This would be the same as saying Nintendo is preventing innovation on the Wii because only Nintendo makes the Wii.

I don't care if people agree with me, but I am going to point out what I consider flawed logic. If it turns out I'm wrong, that's fine, that's how I learn.
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@dchase...
ShadowGIATL 7th Oct 2009
you just like to argue I take it. Where did I say anything about anti-trust?

You seem bent out of shape over this whole thing, when my only point is Apple is a unique player in the industry. I'm not the one trying to say Apple should or shouldn't open up. Read my posts, and your'll find that I have stated it is merely my opinion they should open up, but it is still ultimately Apple's call.

No go back to your bubble.
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Bubble?
dchase@... 8th Oct 2009
I don't know what bubble you think i'm living
in, but my post your responded to was in
response to someone claiming Apple has a
monopoly.

Clearly you missed that and for some reason got
worked up about my response.

I never argued against your opinion, I'm just
pointing out inconsistencies based on my
knowledge.

In fact if you want true insight on how I feel
about Apple and whether they should open up or
not, you should read my post "Not this argument
again" and you'll better understand my
position.
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Microsoft - Monopoly = Nothing.
No More Microsoft Software Ever! 16th Nov 2009
Apple Monopoly = Highly profitable.

Apple doesn't need you. You want them. Guess who has the upper hand here?
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Kinda different.
ShadowGIATL 6th Oct 2009
You want Apple to license Macos but do you remember the "OS/2" episode ? Do you want MS to do for Apple what they did for IBM ?

Microsoft was contracted by IBM to help them develop OS for their computers. MSFT = software, IBM = Hardware.

I doubt MSFT will build computers soon, so I'm failing to see why MSFT would be doing anything to Apple they aren't already doing.

If Apple opened up their OS to other systems, they would increase their market share, which would actually hurt MSFT. Instead, they insist on building OSX for a narrow selection of hardware becaseu they know if they open it up, it will become harder to maintain stability due to unknown factors in the hardware industry. Much like MSFT has to deal with.

Apple's image is based on how their system runs. They can't afford to lose that image. Hurting MSFT isn't worth losing that tight control, and they know this.
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in other words....
Mectron 6th Oct 2009
Apple cannot compete at all in the real world.

again: a computer (or a phone for that matter) IS NOT A VIDEO GAME CONSOLE.
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I wouldn't say they can't compete...
ShadowGIATL 7th Oct 2009
but the rules for how they would have to compete would change. Considering they have never really competed in that way before, it's hard to tell how they would fair. Apple doesn't seem to like unknowns, and it is that unknown that keeps them nestled in their fetal postition in my opinion.

They are comfortable where they are, and no one can say it isn't working for them. It is.

My point is, if they were to have to compete in the same way that other software and hardware OEMs do, they would lose their so called advantage, and would look just like all the rest of them. They pride themself in standing out, and the only way they can do that is to be different.
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Maybe other companies should follow Apples way.
No More Microsoft Software Ever! 16th Nov 2009
Then they would still be in business after 20 years like Apple.

Why are so many people intent on making Apple do business the way so many others do? Only to fail?

Leave Apple alone. Create a business model that works for you (or copy Apples). And quit your whining!
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if that was the case...
dchase@... 7th Oct 2009
If Apple couldn't compete in the real world, we
wouldn't be talking about them right now. It's
actually quite the opposite in that they have
found a way to compete without having to
succumb to the vulnerabilities of Microsoft's
software. This alternative (OSX) is actually
what gives them an advantage in the marketplace
and unless there was a significant fiscal
advantage to becoming a software company and
licensing OSX to other OEMs they compete with
now as a hardware company, it wouldn't be wise
for them to license the software.

Keep in mind two things.

1.) Apple's competitors are HP, Dell, Lenovo,
Toshiba, etc. (and not Microsoft) as they are
in the business of selling computers.

2.) Apple's job is to make money, not gain
market share, and if gaining share comes at the
expense of profits, they're not going to do it.
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You got it! Make money! Something others don't seem to get!
No More Microsoft Software Ever! 16th Nov 2009
Apples market share means nothing! It's all about profits. And Apple is the BEST at THAT game! Heck, I've made a 100% profit on my Apple stock THIS YEAR ALONE! Can't say the same for Microsoft. MS stock is still at the 1998 level! People have not made money on Microsoft stock for over 10 years!
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Please excuse me
Mac Hosehead 5th Oct 2009
If I'm dubious about a product that does something "automagicly". Still, I'm sure it's a method to sell computers that are "OSX ready". This is not unique as other companies do the same. I actually have a better prediction. That is unless Apple supports OSX on non-Apple hardware Hackintoshing will be mainly a hobbyist pursuit. If all you want is easy here is a method that works on many netbooks. Knock yourself out.

http://www.mydellmini.com/forum/general-mac-os-x-discussion/12589-new-release-netbookinstaller-8-2-final-official.html
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Maybe your blog title should've been...
riverab@... 6th Oct 2009
Apples' Attack Of The Clones happy
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No, his blog title should have been...
Joseph_Proudhon Updated - 6th Oct 2009
BrainDead... happy
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No, his blog title should have been Windows fanbois lose! (NT)
No More Microsoft Software Ever! 16th Nov 2009
NT
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I think people need to start going to jail. Pystar founders that is. Just letting their company fall (after getting their desired results) is not enough. People need to serve hard time.
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Jail? Hard time?
compudog 7th Oct 2009
For what?
0 Votes
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Like Jobs and Woz?
deanders 14th Oct 2009
..who started out by selling illegal h/w (remember phreaking?)
And that's hardly the only illegal thing they did.
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Please! Compared to Gates and MS Apple is an angel! (NT)
No More Microsoft Software Ever! 16th Nov 2009
NT
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The company has gone nuts.

The primary option Apple has outside of the courts is to
change their pricing and installation policies.

On the pricing side, no problem moving the price to the
$400 range, with actual Mac owners receiving "discount
certificates" to bring it back down for the legal.

THe authentication bs some companies go through could
also be used - it's just a pain for the consumer, thanks to
the cheats.

With the pricing of Snow Leopard and the influence that
the low pricing of the AppStore has on the market it's a
shame to have something pushing prices in the other
direction.
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This is GREAT!
mustangj36@... 6th Oct 2009
Anything that'll give Jobs heartburn is fine with me. LOL
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You must have kissed Gates or Ballmers arse last night! Not for me (NT)
No More Microsoft Software Ever! 16th Nov 2009
NT
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Psystar's "Nightmare Hypervisor"
fatman65535 6th Oct 2009
Regardless of what may happen to Psystar, if this hypervisor gets out into the wild; will Steve Jobs have a 'Ballmer moment'*?


* Ballmer moment: throwing office furniture in frustration.
Good day to confirm this comment I would appreciate T h e b e s t o f Z D N e t d e l i v e r e d your website very nice to everyone Yes, Oracle is the only one with shared-disk architecture, but that is there advantage. It means you can add or remove nodes and the database lives on. In a shared nothing architecture, if you lose a node, you lose the system. I'm sure Oracle appreciates EMC highlighting their advantage.I also desire to signal in your RSS feeds. Thank you as soon as once again and maintain up the great operate Awesome post! Thank you very much || thanks for nice content this is really benefit to me.

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