{"id":2618,"date":"2008-08-30T12:36:30","date_gmt":"2008-08-30T16:36:30","guid":{"rendered":"http:\/\/www.mathewingram.com\/work\/?p=2618"},"modified":"2008-08-30T12:36:30","modified_gmt":"2008-08-30T16:36:30","slug":"psystar-wants-to-force-apple-to-open-up","status":"publish","type":"post","link":"https:\/\/mathewingram.com\/work\/2008\/08\/30\/psystar-wants-to-force-apple-to-open-up\/","title":{"rendered":"Psystar wants to force Apple to open up"},"content":{"rendered":"<p>According to an article in Information Week, the Apple clone-maker known as Psystar Systems is <a href=\"http:\/\/www.informationweek.com\/news\/software\/operatingsystems\/showArticle.jhtml?articleID=210201484\">counter-suing Apple<\/a>, claiming that the computer company uses illegal tactics to protect its market share in personal computers, including anti-competitive measures that are prohibited by the <a href=\"http:\/\/en.wikipedia.org\/wiki\/Sherman_Antitrust_Act\">Sherman Act<\/a>, a key piece of U.S. anti-trust legislation. Among other things, the clone-maker argues that Apple employs technology that effectively &#8220;bricks&#8221; Apple clones when the software detects non-standard hardware, and also that the company is able to charge more for its computers because of such tactics.<\/p>\n<p>As the Information Week article notes, in order for Psystar&#8217;s <a href=\"http:\/\/blogs.zdnet.com\/hardware\/?p=2472\">case<\/a> to have any chance of succeeding, the company has to prove that Apple computers are a separate and distinct market of their own. If they are part of the much larger market known as personal computers, then Apple&#8217;s behaviour arguably doesn&#8217;t matter, because the company only has about 10 per cent market share (depending on <a href=\"http:\/\/www.macrumors.com\/2008\/04\/16\/apples-1q-2008-u-s-market-share-up-from-2007\/http:\/\/www.macrumors.com\/2008\/04\/16\/apples-1q-2008-u-s-market-share-up-from-2007\/\">whose numbers<\/a> you look at). But Psystar claims that Apple computers are actually a separate market, thanks in part to the company&#8217;s marketing campaigns, which are aimed at creating a mystique and a feeling of superiority around its products.<\/p>\n<p><!--more--><\/p>\n<p>The Sherman Act is likely familiar to many because it was used by the U.S. attorney-general&#8217;s office to prosecute Microsoft in 2001 for alleged anti-trust practices, including &#8220;<a href=\"http:\/\/stats.oecd.org\/glossary\/detail.asp?ID=3321\">tied selling<\/a>&#8221; &#8212; i.e., requiring that hardware makers include Microsoft software on their PCs in order to get a deal on the cost of Microsoft Windows. Contrary to popular wisdom, the law doesn&#8217;t specifically prohibit companies from having a monopoly (provided it was lawfully acquired), but restricts them from certain kinds of behaviour that would amount to using that monopoly improperly.<\/p>\n<p>I&#8217;m not an anti-trust lawyer, obviously, but it seems like a bit of a stretch to me to argue that Apple is a monopoly in any real sense of the word, or that Apple products constitute a separate market. <a href=\"http:\/\/fvrit.com\/archive\/2008\/08\/30\/a-mac-os-on-every-computer.aspx\">Like Allen Harkleroad<\/a>, however, I am not-so-secretly rooting for Psystar, because I think that the ability to run Apple software on any piece of hardware would be a great thing &#8212; and would probably help Apple more than it is likely to hurt. How come I can get a Macbook Pro and run Windows on it, but I can&#8217;t buy a Dell Inspiron and run the Mac OS on it? Doesn&#8217;t seem right somehow.<\/p>\n<div class=\"syndication-links\"><\/div>","protected":false},"excerpt":{"rendered":"<p>According to an article in Information Week, the Apple clone-maker known as Psystar Systems is counter-suing Apple, claiming that the computer company uses illegal tactics to protect its market share in personal computers, including anti-competitive measures that are prohibited by the Sherman Act, a key piece of U.S. anti-trust legislation. Among other things, the clone-maker &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/mathewingram.com\/work\/2008\/08\/30\/psystar-wants-to-force-apple-to-open-up\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Psystar wants to force Apple to open up&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crsspst_to_mathewingramblogwordpresscom":false,"mf2_syndication":[],"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-2618","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/posts\/2618","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/comments?post=2618"}],"version-history":[{"count":0,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/posts\/2618\/revisions"}],"wp:attachment":[{"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/media?parent=2618"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/categories?post=2618"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mathewingram.com\/work\/wp-json\/wp\/v2\/tags?post=2618"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}