Wednesday, December 2, 2009

The Strange Case Of Psystar: It Admits Defeat By Declaring Victory!

Psystar has finally agreed to stop selling its Mac clones, but as you can see from the image above, taken directly from their web site, they are still acting and pretending like they have done absolutely and utterly nothing wrong!

By stating that their OS X clones are all out of stock, of course, they are basically lying, implying that they have all been sold and that it's business as usual, and that they have done nothing wrong, as if they were squeaky clean, when in actual fact, we all know that the truth is that those machines are still all sitting on their shelves waiting to have OS X removed and replaced with either Windows 7 or some other Linux distro!

Computerworld reported today that Psystar's believes that even if it can't sell Mac clones directly, then it can still do so indirectly by selling its $50 Rebel EFI software which allegedly helps individuals to create their own Mac clones themselves. Computerworld goes on to quote Groklaw's legal blog as saying:

"Some think it unlikely that Psystar's tactic will hold water. "I seriously doubt the court will see any difference between what Psystar has just agreed it did and what it proposes to do in the future with Rebel EFI," said the Groklaw legal blog in a post Tuesday.

"This case is not over by a mile. Now Psystar is trying to argue that you and I have the right to use Rebel EFI because we are not commercial users. As you can see, Psystar is still angling to stay in business some way, somehow," Groklaw added."

Basically, Psystar is saying that in defeat they have been victorious!

Yes, even though its true that Psystar doesn't have to pay a dime of the almost $2.7 million dollars that it has agreed to pay Apple until all of their legal appeals have been exhausted, a process that could take years, the question that jumps into my mind (besides the fact of Psystar obviously being totally insane in the first place) is were-in-hell is this tiny little company, which not that long ago emerged from banckruptcy protection, is suppose to come up with that kind of money - $2.7 million bucks?

The company is owned, after all, by two kids in their twenties, and at least as far as I'm concerned, not too many youngsters these days have that kind of money just laying around the house, unless, of course, as Apple once asserted, they have some pretty deep pocketed mystery backers bank rolling them? Some, in the past, have even claim that, if true, it could be someone like Dell, or another big PC company or even a group of them. Some have even gone so far to suggest that it might even be mighty Microsoft itself, an assertion that I personally find utterly ridiculous. After all, the one thing that Microsoft has, and still loves to point out, is that how much more expensive Macs are when compared to PCs, which begs the question: why on earth would Microsoft want to see Macs selling on par with PCs - Macs would totally eat up its market share - and big time! Apart from having a wider selection to choose from, cheap prices are the only thing that Microsoft has over the Mac - it has virtually nothing else, and Mac clones would take away that major advantage! The last thing Microsoft needs or wants is to see the Mac clones leveling the field.

Seriously, I can't help thinking, that for a company that has reportedly only sold a measly 768 OS X clones, this whole Psystar saga sounds all a little too fishy to me. The mere idea that these two boys, mere kids to me, somehow have the money and resources to take on a giant the size of Apple seems a little too far of a stretch for my way of thinking. I can understand how they might be delusional, even crazy or insane, being the inexperience youth that they are, but considering the daunting odds and the money involved, I can't also help but to think that maybe, just maybe, Apple is right about Psystar having deep pocketed mystery partners lurking somewhere in the shadows, and that there is, in fact, a lot more, a hell-of-a-lot more going on behind the scenes than what we are seeing on the surface!

In conclusion, this whole Psystar vs Apple saga reads like a strange and wacky soap opera, and even though it might make for good entertainment, its still serious business - big business - and it's not quite over yet. Does that mean that we can expect even more strange and wacky behavior on the part Psystar and its legal team?

You can count on it!

And that's my 2 cents 4 this Wednesday, December 02 , 2009

Image via: Psystar

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