Every so often there comes some news story that will continue bouncing around for the better part of a year. This year, that story is Psystar. The company started selling unauthorized Mac clones way back in April, and while Apple finally sued the clonemakers in July, they’re now hitting back.
The Miami-based company today filed a countersuit that pins the blame squarely on Apple, accusing them of restraint of trade, unfair competition, and antitrust violations. The suit asks for unspecified damages.
First up, the disclaimer: despite the fancy-schmancy Law School degree I printed out for myself when I was twelve, I’m not a legal professional. That said, I think this case is going to hinge heavily upon the technical savvy of the judge. Psystar lawyer Colby Springer (pictured above and who, incidentally, in the inevitable TV movie, should be played by The Shield’s Walton Goggins) is quoted as saying:
“Apple makes a good operating system, we don’t deny that,” said Springer. “This is about bringing Leopard [Mac OS X 10.5] to the masses.”
Well, I’m guessing Apple never asked them to bring Leopard to the masses, so I’m not exactly certain how that task has fallen to them. But who knows. I’m going to engage in a little more speculatin’ after the jump, so feel free to follow along if you’re not suffering too much already.
While it seems that Apple would like to argue that it’s the combination of their hardware and software that constitutes their product, there may not be enough there to stave off Psystar’s accusations. In some ways, I think that position is also weaker since their transition to Intel hardware. After all, now that Macs can easily run Windows (or Linux), it seems easier to divorce the hardware and software—what, now, does it mean to be a Mac?
In terms of the antitrust argument, I think a lot of the question has to do with how you define “the market” that Apple is allegedly monopolizing. For example, if Apple is simply a PC vendor, then it’s a lot harder to argue that they don’t have competition from the likes of HP, Dell, Lenovo, Toshiba, etc—all of whom, to some extent, have loaded custom software on their computers at one time or another.
But, as Psystar may point out, if you can buy an Apple computer and load it with any OS you choose, why shouldn’t you be able to buy Apple’s operating system and run it on any hardware you choose? I’m not saying that it’s an argument I agree with, but Psystar may be able to get some mileage out of it.
Despite the no doubt lengthy road before us, I remain interested in seeing how this case progresses.
People who are serious about software control the hardware as well. This is poorly understood but it is a large part of the reason why Macs are so rock solid -- Apple knows there are a finite number of system configurations they need to account for in the OS. Windows is flaky in large part because Microsoft needs to support many more hardware configurations, including beige boxes built with components from who knows where.
In any case... I predict Psystar loses the lawsuit, and badly at that.
Now, I may have this completely wrong, but isn't this analogous to the whole flawed 'iPod/iTunes' monopoly argument?
In a similar vein, no one is making you buy Mac OS X or Mac hardware. You do have the choice of other operating systems and hardware. Just because you want something to interoperate, and it doesn't, doesn't make it a monopoly.
I don't think Psystar has a leg to stand on.
I think Apple will be able to demonstrate that their brand value comes from the combination of software and hardware and that an unauthorized reseller will dilute that brand value.
while we're at it, lets get the iphone OS on every POS ARM processor phone, and btw I want to be able to dual boot blackberry OS on the iphone so I can BBM my friends.
It would also be great if I could get the XBOX os working on my PS3 since they are both POWERPC boxes.
Don't get your hopes up, Apple will prevail. They have restrained no trade, they took the initiave to develop an OS as a package deal and they ahve the right to do so.
“Apple makes a good operating system, we don't deny that,” said Springer. “This is about bringing Leopard [Mac OS X 10.5] to the masses [by stealing open-source software]."
Maybe it's time to setup an "I hate Psystar" facebook page.....
Let's tell them in numbers that we won't buy their bastard offspring Macs. :)
Mike,
I like your comments. Good stuff. I wouldn't mind running the Mac OSX (iPhone Version) on my BlackBerry, actually... rather than an iPhone.