PsyStar: 'We're not breaking any laws'
April 15th 2008
Although many have tried, InformationWeek managed to get someone, specifically a person named "Robert" (no last name given), from PsyStar on the phone.
Not a little hyperbole and chest thumping aside, Robert's bottom line is "We're not breaking any laws."
According to this Wired write up, Robert may be right.
"Basically, when people go to a store or download software, they have a license with Apple to use this patented software on their computer," said Raj Abhyanker, a patent lawyer who used to write patents for Apple. "But breach of contract is one of the weakest forms of legal disputes."
Another lawyer specializing in IP and patent, Ted Man, echos the point in saying, "Generally speaking, these user agreements are much weaker than other forms of litigation ... Companies make them as broad as possible, but there's no way to basically enforce them. It's a scare tactic, a way to say, hey, we're reserving all these rights."
As Wired notes, although its possible that Apple could keep PsyStar tied up in the courts for years, ultimately any talk of legal remedies may be unnecessary.
That is, the basic problem that confronts the cloner is long-term OS compatibility and, because Apple controls OS development, PsyStar or anyone else brave enough to try their luck will always be playing catch up.
So, the solution for Apple maybe to do nothing at all or, if they find sales impacted by cloners, to use technical, OS-level impediments to bugger up the works.
PsyStar, for all of its bravado, isn't particularly enticing when viewed through the prism of Apple indifference, let alone active malice...
What's your take?
