Hasta La Gadget!

It looks like the first phase of the Apple / Psystar Mac cloning saga is winding towards a conclusion, as the two sides have just filed to wrap up their case with the California court that ruled decisively in favor of Apple last month. As you probably expect, Apple hasn’t ceded much ground here: Psystar’s agreed to be deemed liable for illegally copying OS X Leopard, bypassing the OS X kernel encryption in violation of the DMCA, and breaching Apple’s EULA, all to the tune of $2,675,050. In return, Apple’s dropping its various trademark and unfair competition claims, and has promised to hold off on collecting any cash until the various appeals have run their course. Now, considering Apple and Psystar are currently engaged in pretty much the exact same case in Florida over Snow Leopard, we’d say that this agreement isn’t much more than a way for both sides to save money and move on to that fight: Apple’s already won the bulk of its case against Psystar in California, and spending money to litigate trademark claims we thought were weak when we first read them doesn’t really buy Steve any leverage he doesn’t already have, while Psystar probably needs to scrimp all the coin it can.

There’s one other little wrinkle here, and that’s exactly what Apple’s eventually going to be able to prevent Psystar from doing. It’s certain that the California court will bar Psystar from preloading machines with Leopard, but Psystar’s arguing that its new Rebel EFI software shouldn’t be covered by any decision, since it wasn’t part of the case. That’s an interesting argument and definitely worth some consideration — but it’s got some holes in it since Psystar’s now admitted that it’s liable for contributory and induced copyright infringement and violating the DMCA. As we’ve said before, Psystar’s essentially doing with Rebel EFI what Grokster got smacked by the Supreme Court for doing in 2005: it’s trying to build a business around the knowing copyright infringement of customers, and that usually doesn’t fly. We’ll see what happens — and Florida awaits.

Apple dings Psystar for $2.67m, round two heads to Florida originally appeared on Engadget on Tue, 01 Dec 2009 15:19:00 EST. Please see our terms for use of feeds.

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LaCie’s LaCinema Classic multimedia hard drive was a fine device, but if you’re anything like us, you’re never perfectly satisfied. Thus, we’re stoked to see the outfit issuing a revamped version of the aforesaid device today, with the LaCinema Classic HD including up to 2TB of internal storage space, (optional) 802.11n WiFi and built-in DLNA server capabilities. As you’d expect, this sexy black block will stream multimedia from your Mac or PC onto your HDTV, and the included HDMI port (and cable) should ensure that transfers remain gorgeous. We’re told that format support won’t be an issue, and if you’re a believer, you can get your pre-order in now for $249.99 (1TB). Rear shot is after the break.

Continue reading LaCie packs 2TB HDD, DLNA support into LaCinema Classic HD

LaCie packs 2TB HDD, DLNA support into LaCinema Classic HD originally appeared on Engadget on Tue, 24 Nov 2009 17:21:00 EST. Please see our terms for use of feeds.

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You had to know someone out there would try and profit off Microsoft’s recent mass bannination of modded Xbox 360 consoles from Xbox Live, and although the eBay scammers arguably got there first, we’re awarding the style trophy to AbingtonIP, an Oklahoma law firm that’s trying to gin up a class-action lawsuit. Why? Because even though the XBL terms of service expressly prohibit modded consoles, AbingtonIP thinks it’s not fair for Microsoft to have timed the ban to coincide with the release Call of Duty: Modern Warfare 2, and it also thinks it’s unfair for an XBL ban to affect “Xbox functionality not associated with piracy” like Netflix, arcade games, and DLC. A noble cause, to be sure, but if you’re a modder who didn’t think there was a chance you’d be booted from Live at some point, you’re not a very smart modder — and Microsoft isn’t under any obligation to time its bans for the convenience of people breaking its terms of service. The firm is just at the generating-interest phase and hasn’t filed anything yet, so we’ll see how far these freedom fighters get — we’d guess this one dies on the vine.

Banned Xbox modders get a class-action lawsuit to call their own originally appeared on Engadget on Fri, 20 Nov 2009 10:18:00 EST. Please see our terms for use of feeds.

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Sure, Verizon’s doubled down on the 3G map ads in response to AT&T’s false advertising lawsuit, but eventually the company’s lawyers had to file a response and, well, ain’t nobody backing down in this one. Here’s the freaking introduction:

AT&T did not file this lawsuit because Verizon’s “There’s A Map For That” advertisements are untrue; AT&T sued because Verizon’s ads are true and the truth hurts.

Yeah. It’s gonna be like that. Verizon goes on to argue that even AT&T concedes the maps are accurate, and that pulling any of the ads off the air without proof that they’re misleading consumers would be unfair, and that at the very least both parties need time to investigate further. Honestly? We’ve read it over a couple times now and while the legal arguments are certainly interesting, it’s hard not to get the impression that Verizon drafted this response with publication in mind — check out this quote:

In the final analysis, AT&T seeks emergency relief because Verizon’s side-by-side, apples-to-apples comparison of its own 3G coverage with AT&T’s confirms what the marketplace has been saying for months: AT&T failed to invest adequately in the necessary infrastructure to expand its 3G coverage to support its growth in smartphone business, and the usefulness of its service to smartphone users has suffered accordingly.

See what we mean? Now, we still think there’s some merit to the idea that Verizon’s ads improperly conflate 3G coverage area with 3G service quality, but that’s really not what AT&T’s arguing — hell, it’s busy pimping EDGE. We’ll see if these two can solve their differences and get back to work, but we’ve got the feeling this thing ain’t over yet.

Update: Here’s the PDF, in case you’re interested.

Filed under: Cellphones, Wireless

Verizon responds to AT&T’s Map For That lawsuit: ‘the truth hurts’ originally appeared on Engadget on Mon, 16 Nov 2009 21:28:00 EST. Please see our terms for use of feeds.

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Well, well. Apple’s won its copyright infringement claim against would-be Mac cloner Psystar in California. Anyone surprised? As we’ve been saying all along, the key argument wasn’t the OS X EULA or Psystar’s failed monopoly claims, but pure, simple copyright infringement, since Psystar was illegally copying, modifying, and distributing Apple’s code. Psystar was also dinged for circumventing Apple’s kernel encryption in violation of the Digital Millenium Copyright Act, but that’s just another nail in the coffin, really. There’s still some legal fireworks to come, as Apple’s various other claims like breach of contract, trademark infringement, and unfair competition weren’t addressed in this ruling, but those are all secondary issues now — and we’d expect this decision to have quite an impact on the other case currently ongoing in Florida. We’ve broken down the highlights after the break, hit up the read link for the PDF and follow along.

[Via Groklaw]

Continue reading Apple wins copyright infringement case against Psystar in California

Filed under: Software

Apple wins copyright infringement case against Psystar in California originally appeared on Engadget on Sat, 14 Nov 2009 17:59:00 EST. Please see our terms for use of feeds.

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