From Russia with Mac clones
Summary
Topics
On its Web site, RussianMac says that a full version of Mac OS X Leopard comes pre-installed on its computers. The company also confirms that the operating system is able to receive automatic system updates from Apple once installed.
This is where Apple seems to have the clone-makers over a barrel. Apple's Mac OS X End User License Agreement (EULA) clearly forbids anyone from installing the software on hardware not sold by Apple. This effectively closes the door on companies determined to make a Mac clone.
However, RussianMac maintains that it does not violate the terms of the EULA agreement because the operating system was purchased directly from Apple. That still doesn't get around the condition of installing it on an Apple-branded machine.
Legit or not, it is a popular argument. Germany-based PearC is using that defense to sell Mac clone computers in that country.
Of course, in the U.S., Psystar is the case everyone has heard about. The company first made headlines in April 2008 when it released its first Mac clone with Mac OS X pre-installed.
Apple filed a lawsuit against Psystar in July 2008, claiming the company was violating copyright and software licensing agreements.
The legal battle is ongoing between Psystar and Apple. The two are set to meet in court on November 9. Most legal experts expect Apple to ultimately prevail in the case.
Because the laws in each country are different, it's unclear whether Apple could be successful in Russia or Germany.
This article was originally published on CNET News.
Talkback Most Recent of 18 Talkback(s)
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Apple-specific hardware
Sooner or later, Apple is going to have to do the same as Dell and others do when selling Windows with a PC--lock it in to that particular company's hardware by checking the BIOS. Once that happens, even the hackintoshes won't work.
Rick_R21st May 2009 -
You really think that wouldn't be bypassed in about 5 seconds?
Look at the fiasco of Apple trying to stop the jailbreaking of the iPhone.
Scrat21st May 2009 -
Not that they care what I think, but...
They've standardized their hardware with PC's, taken full advantage of open-source in the development of new applications for Mac, have all their machines running on a Debian based OS, and even use RPM's. They've made a lot of progress on the shoulders of free and standardized systems and have essentially found a sneaky method to bypass the GNU public license through proprietary hardware and a commercially owned GUI, which has set an example for other company's, including Microsoft, on how to make a commercial distribution of what was always intended to be a free and open product. It's frankly no different then selling bottles of tap water at a ball game and getting mad when people bring their own. So if they want to go back to OS9 and HFS+ and take the moral high ground, that's fine. But, if they continue to want all the benefits of both open development and a proprietary architecture, then they are no better then Microsoft and I for one have no sympathy.
Socratesfoot22nd May 2009 -
Exactly
Apple is the worst when it comes to buying into their closed ecosystem...
They use the exact same hardware as a pc and then claim their's is more better.. and then bam a crash or a fix for faulty video cards that makes the fans run p
dave@...22nd May 2009 -
Umm... what is wrong with you?
Seriously, please, go out and start a business,
then give away your products for free. Go on,
either put up or shut up with the socialist
garbage. Also, HFS+ belongs to Sun.
Spiritusindomit@...22nd May 2009 -
Umm... how about canonical?
They've created a product and gave it away for free. It's called ubuntu. most of the big distributions are owned and developed by companies... I guess it does work after all.
gaurdro23rd May 2009 -
RE: From Russia with Mac clones
Doesnt this help show where Apple has an unfair and illegal control over the mac market. like everyone claims Intel and MS do over the processor and IE market,
rparker00922nd May 2009 -
When is someone going to call antitrust on this?
They violate the antitrust act with their bundling
more flagrantly than any other company, yet they get
away with it constantly.
Spiritusindomit@...22nd May 2009 -
No Antitrust
How is this an antitrust violation? Is Ford violating antitrust when it uses it's own software to run the diagnostic on-board computer? Is Motorola violating antitrust laws when only its OS runs on its mobile phones? Is ADT violating antitrust laws for only permitting systems that interface with its call centers? I don't think so. The market is the personal computer market, not the Apple market. I don't like what Apple is doing for other reasons, and then only because it sells the OS separately from its hardware (see my other reply). If it never did that, it would not have to restrict the hardware in the EULA, after all, in order to get MacOS you would have to buy a mac, making clones impossible. Silly apple - just don't sell the MacOS. You can even still sell upgrades!!! Silly silly Apple.
Mr. Copro Encephalic to You26th May 2009 -
Those scenarios don't apply.
As far as I know, neither Ford nor Motorola impose false restrictions that prohibit the transfer of their OS to other hardware; it is technical limitations and availability that prevent this. In addition, neither Ford nor Motorola dedicate advertising campaigns and maintain the ability to dual boot to other OS's while maintaining their own "false" exclusivity.
Though unrelated, Ford's primary selling point isn't the software present on the on-board computer but rather technical specifications of cars themselves. IMO Apple's biggest selling point is "The primary OS is not Windows and is easy to use".
Sephoroth12th Jun 2009 -
RE: From Russia with Mac clones
Looks to me like everyone must really want a Mac and just can't afford one. Why else would they want to install OS X on a PC.
I personally don't think that OS X is better then Windows but I switched to Mac only just because I totally agree with the way they do things. By making both the hardware and software, they can better control the quality of the overall experience but removing all the unknowns.
pjalm24th May 2009 -
Thank you.
It's amazing how few people get it, even after all these years.
The only reason there's demand for OS X now is because it runs so flawlessly, the
user experience for the OS is smooth as hell, and the quality is basically unmatched,
anywhere, in the software industry.
People don't think about what they're asking when they start this 'yay clones' crap.
Apple should NOT. EVER. allow other hardware manufacturers to make clones. It
happened mid-90's and failed horribly, and the only reason Apple got back on it's
feet is because it got its act together, made a very solid business plan and stuck
with it. (Innovation aside, nobody would care about Apple if the user experience
wasn't dead-on).
OS X on other hardware would be a disaster, it would be buggy, bloated,
compromise-ware that would get targeted from every malware creater from here to
Wazoo because people would hate it so much. Apple would make less on hardware,
and spend millions fixing, patching and counter-suing when that cash could have
been spent on further innovations.
They're doing the right thing and should keep doing it. Anyone complaining about
price should save up, go buy one, and see how much you actually save in the
long run not spending countless $ on useless crap like virus programs, repairs for
cheap components and time wasted with workflow inconsistencies.
/rant
I should save this for future reference. :/
Jimzip
Jimzip25th May 2009 -
Wrong!
What do you think? Has Apple manufactured an Intel Processor which runs the OS X? Has Apple manufactured NVIDIA or ATI graphics cards which run videos on OS X? Apple only specifies what it needs from these suppliers which are suppliers for all other hardware vendors/providers too. The only thing Apple does is to give a good look for their Macs. Talking of performance, it is the third party hardware (or supplier hardware) which is taking care and not the Apple itself!
This is only a Business Game! Only thing Apple wants is a Monopoly! It wants all the Profit which it can have from putting unrealistic prices for the same hardware which otherwise is cheaper in the market. That's why it has added this term in their EULA for Software (why in software?), "Apple branded hardware", which but off-course is same hardware which Clone makers can provide for less cost.
So once you purchase a software copy you are able to run it on any Hardware which is capable (and compatible) to run it and that is what Mac-clones are doing. Apple has no any right to stop them providing PCs with MAC OSx pre installed.
ashmulay8027th May 2009 -
Re: Wrong!
That kind of nonsense is only worthy of a thumbs-down; thankfully this isn't digg or you'd be buried by now.
Read my comment again, properly and think about what you're saying. This sensationalist, dramatic attitude of yours is ridiculous and
you're only spreading misinformation, which I can't stand.
Once more, allowing OS X to run on clones will destroy Apple's computer business. If you like and enjoy Apple's products, let them keep
doing what they're doing.
If you don't like Apple and their products, go use Windows.
Jimzip
Jimzip27th May 2009 -
Sorry, but you're wrong
I have a "hackintosh" and a macbook. The over 1 year old hackintosh has given me less problems than my 3 month old official apple hardware macbook. I love the macbook and the problems were fixed fairly easily, but my hackintosh performs flawlessly and does not suffer at all due to having no apple hardware. Install the parts in a mac pro case and even the savviest genius bar employee would have trouble telling the difference between the two.
Other than notebooks perhaps, custom built pc's with OS X installed perform just as well as any imac or mac pro. So, the theroy that OSX will only run properly on apple hardware has been disproved countless times.
I do, however, see Apple's side of the story and respect them for it. Control the hardware and software and you can build a better computer. Less driver issues and all things related to countless configurations. However, I do think they should offer OS X for purchase without any hardware/driver support for the do it yourself crowd.
phaser_a27th May 2009
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