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Talkcast tonight: Inside the Psystar summary judgement

Sun, 15 Nov 2009 18:00 GMT

We're back tonight after an unexpected week off due to a headcold, and we're diving into the Psystar summary judgment with Lauren to sort out the difference between a copyright, a EULA, and a bright shiny object. We'll be live at 10 pm ET, so call on in.

To participate on TalkShoe, you can use the browser-only client, or you can try out the classic TalkShoe Pro Java client; however, for maximum fun, you should call in. For the web UI, just click the "TalkShoe Web" button on our profile page at 10 pm Sunday. To call in on regular phone or VoIP lines (take advantange of your free cellphone weekend minutes if you like): dial (724) 444-7444 and enter our talkcast ID, 45077 -- during the call, you can request to talk by keying in *-8.

If you've got a headset or microphone handy on your Mac, you can connect via the free Gizmo or X-Lite SIP clients; basic instructions are here. Talk with you then!

TUAW Talkcast tonight: Inside the Psystar summary judgement originally appeared on The Unofficial Apple Weblog (TUAW) on Sun, 15 Nov 2009 19:00:00 EST. Please see our terms for use of feeds.

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Dear Barrister TUAW: Psystar, matters of fact, and appellate cases

Sun, 15 Nov 2009 17:00 GMT

Filed under: Analysis / Opinion, Apple Corporate, Features, Leopard

Dear ~~Auntie~~ Barrister TUAW,

I've been following your coverage of the Psystar case and I'm a little confused by the discussion on your last post. I've always thought the original case to be one of fact and an appellate case one of law. This, to me, would mean that in the appellate process they would not argue the case again at all. It would all be based on if the legal decision in the original case was rendered improperly.

So all the sturm and drang would be gone, No?

With love & kisses,

David

Read on for Barrister TUAW, esq's response

Continue reading Dear Barrister TUAW: Psystar, matters of fact, and appellate cases

TUAW Dear Barrister TUAW: Psystar, matters of fact, and appellate cases originally appeared on The Unofficial Apple Weblog (TUAW) on Sun, 15 Nov 2009 18:00:00 EST. Please see our terms for use of feeds.

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Apple Wins Court Victory Over Mac Clone Maker Psystar

Sun, 15 Nov 2009 13:30 GMT

Mac clone maker Psystar was dealt a crushing blow by a federal judge that ruled the Florida company violated Apple's copyright as well as the DMCA.

Review: Palm Pixi smartphone

Sun, 15 Nov 2009 09:30 GMT

Palm’s latest WebOS smartphone, the sprightly Pixi, is a slimmed-down version of the Palm Pre.

Dell touts "World's fastest office laser printer"

Sun, 15 Nov 2009 09:00 GMT

Dell announced the 5130cdn ($1549), a workgroup color laser printer that the company claims is the “world’s fastest single function letter-size office color laser printer.”

Review: Sony Handycam HDR-XR520V HD camcorder

Sun, 15 Nov 2009 08:30 GMT

Sony’s Handycam HDR-XR520V is a monster when it comes to storage capacity, with a 240GB hard drive.

Apple Wins Clone Suit

Sun, 15 Nov 2009 01:30 GMT

Nearly a year and a half after a Miami company called Psystar announced that it was selling "Open Computers" pre-installed with Apple's (AAPL) Mac OS X Leopard...

Stink Different with an Apple toilet

Sun, 15 Nov 2009 01:00 GMT

Intel to Launch New Mobile CPUs (Arrandale) in January?

Sat, 14 Nov 2009 23:03 GMT

According to Digitimes, Intel is poised to launch their Arrandale mobile CPUs in January 2010.

Intel plans to launch four 32nm dual-core Arrandale CPUs (Calpella platform), the Core i5-520M, Core i5-430M, Core i3-350M and Core i3-330...

Sonos adds a portable music player with room filling sound

Sat, 14 Nov 2009 21:00 GMT

Filed under: Analysis / Opinion, Audio, Hardware, Multimedia, Music

Sonos, best known for wireless music systems that link to your iTunes library and internet services like Pandora, Rhapsody and Napster, is offering a one piece, 5 speaker system that can be placed in any room. It's called the Zone Player S5 and it's US $399 direct from Sonos or dealers around the country.

Sonos shipped me a review system to try for 30 days, and I thought the sound was great. I already had a mutli-room Sonos system so adding the new portable player was just a matter of plugging it into AC power and pressing two buttons on the S5.

If you don't already have a Sonos system, you have to plug your unit into a router to connect to your music library and the internet. If that doesn't work in your home layout, you can buy what Sonos calls a Zone Bridge (US $99) that plugs into your router and lets the S5 make a wireless connection. Once that basic pairing is made, you can add as many other Sonos music systems as you like, all connecting over a wireless mesh network.

The system sounds quite good, given the limits of the small desktop-friendly size (8.5 x 14.4 x 4.8 inches). There are 5 speakers, two tweeters, two 3" mid-range drivers, and one 3.5" woofer all driven by individual amplifiers. The woofer is a ducted port design and the rear port serves double duty as a carrying handle.

Continue reading Sonos adds a portable music player with room filling sound

TUAW Sonos adds a portable music player with room filling sound originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 14 Nov 2009 22:00:00 EST. Please see our terms for use of feeds.

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Judge rules in Apple's favor in Psystar case

Sat, 14 Nov 2009 19:20 GMT

A U.S. District Court judge granted Apple's request for a summary judgment, ruling that clone-maker Psystar had violated the company's copyright when it sold PCs with Mac OS X pre-installed.

Judge rules in Apple's favor in Psystar case

Sat, 14 Nov 2009 19:20 GMT

A U.S. District Court judge granted Apple's request for a summary judgment, ruling that clone-maker Psystar had violated the company's copyright when it sold PCs with Mac OS X pre-installed.

Psystar dealt crushing blow in ongoing legal proceedings with Apple

Sat, 14 Nov 2009 17:35 GMT

Filed under: Analysis / Opinion, Apple Corporate, Hardware, OS

Yesterday, Judge William Alsup, United States District Judge for the Northern District of California, dealt Psystar a crushing blow in its ongoing litigation with Apple over whether or not Psystar could market and sell non-Apple computers running modified copies of Apple's operating system. If you're not familiar with the ~~circus~~ case, I refer you to, well...grab a coffee and click here. The two companies, embroiled in litigation since early last year, recently completed pre-trial discovery and each filed cross motions for summary judgment.

Judge Alsup put the ultimate hurt on Psystar when it granted Apple's motion for summary judgment and denied Psystar's motion for the same. In a sweeping order (courtesy Groklaw), the court agreed with Apple's take on the case and dismissed all of Psystar's defenses, both on the merits and for having waived and failed to properly plead.

The end result was a dramatic and startling court order in an ongoing series of dramatic legal squabbles between the two companies. And at least one of Psystar's attorneys saw this coming. The litigation doesn't end here; various issues still remain for trial such as breach of contract and trademark infringement, but Psystar has been gutted. The court is clearly unsympathetic to Psystar's core position and while damages on the copyright issues falling in Apple's favor in the order have not been ruled upon, it would probably behoove Psystar to start looking under the couch cushions for spare change.

A hearing is scheduled for December 14 on the remaining issues and for damages.

Read on for a more detailed analysis of the court's order....

Continue reading Psystar dealt crushing blow in ongoing legal proceedings with Apple

TUAW Psystar dealt crushing blow in ongoing legal proceedings with Apple originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 14 Nov 2009 18:35:00 EST. Please see our terms for use of feeds.

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Apple Hiring an iPhone Game Developer, Getting Even More Serious About Gaming?

Sat, 14 Nov 2009 16:51 GMT

Apple appears to be getting even more serious about gaming on the iPhone and iPod Touch. We've long known that Apple has been positioning the iPod Touch as a gaming device, and Steve Jobs even acknowledged to the New York Times the success of this i...

Apple Wins Judgement Against Psystar for Mac OS X Copyright Infringement

Sat, 14 Nov 2009 15:39 GMT

Groklaw reports on the early outcome of the Apple vs. Psystar case from a report filed on Friday. According to the court documents, Apple's motion for summary judgment on copyright infringement and DMCA violation is granted.

So that...

Apple met with AdMob weeks before acquisition by Google

Sat, 14 Nov 2009 15:25 GMT

Apple reportedly approached mobile-ad king AdMob weeks before Google's $750 million dollar takeover of the company.

Psystar Crushed In Court

Sat, 14 Nov 2009 15:25 GMT

We've been following the case of Mac cloner Psystar for some time now. Apple was just handed a summary judgement over Psystar, and as usual Groklaw has the scoop. Here is the order (PDF), though PJ supplies it in text form at the link above. "Psystar just got what's coming to them in the California case. ... It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal. Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse. ... So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast." Reader UnknowingFool adds, "There are still issues to be decided but they are only Apple's allegations: breach of contract, induced breach of contract, trademark infringement, trademark dilution; trade dress infringement, state unfair competition, and common law unfair competition. Even if Psystar wins all of them, it is unlikely to help them very much."

Apple earns key legal victory against Psystar

Sat, 14 Nov 2009 15:05 GMT

In a crushing defeat for the clone Mac maker, Psystar was on the losing end of a crucial court decision in the company's ongoing legal battle with Apple.

Weekly App Store Picks: November 14, 2009

Sat, 14 Nov 2009 14:01 GMT

As the weekend arrives it's time to take another look at the latest iPhone apps to hit the store. As ever, I've selected four of the freshest picks for you to check out.

This week I've gathered a random assortment of app goodness for you to look at. There's a great new sound toy, a tool for transforming your tweets into haikus, an app for Apple completists and a bombastic little tanks game.

My top pick for this week is Into Infinity, a new sound toy from the folks at dublab. Plus, I've also been looking at Twiku, iCombat Lite and Mactracker.

INTO INFINITY (Free)

The iPhone seems to be just the right platform for interacting with sound, so whenever a new sound toy hits the App Store I've just got to take a look. INTO INFINITY, an art and music exhibition presented by dublab and Creative Commons, lets you create your own swirling sound mixes and then tweet them out.

Once you've opened the app, orbs will start downloading to your mix space. Each orb is an audio-visual bubble, containing an image and a looped sample. Setting a variety of orbs in orbit immediately creates a musical milieu of sounds and melodies. Once you've created your perfect mix, hit the share button and you can send your creation to Twitter in a couple of taps.

The folks behind the app are pretty special too. On one side we have dublab, the label behind the most frequently listened to ‘net radio station (and a sterling podcast too). And then there's the Japanese contingent of Creative Commons, providing forward-thinking licenses that, in this instance, allow us to legally share all the mixes made within the app.

Apart from being a fresh approach to creating mixes, INTO INFINITY is also worth supporting because of the app's use of Creative Commons. I'm all for supporting sharing music — I've even made use of a stack of Creative Commons-licensed samples for my forthcoming album — so, for me, it's doubly important to support these kind of initiatives. Grab the app, make some mixes and start sharing now.

Twiku ($1.99)

Right now it seems like there's not much room left for another Twitter client on iPhone. Recently released Tweetie 2 sits at the top of the stack for me, closely followed by Birdfeed and Echofon. Frankly, at present, it's seems as if all bases are covered by these three able and aesthetically scrummy apps.

As a new Twitter client though, Twiku presents a genuinely unique and certainly novel feature. As the blurb for Twiku points out, “There are many Twitter clients, but only Twiku can make your tweets; poetry.” And that's exactly what it does, enabling you to transform your insightful and frequently witty observations — such as that rousing description of your lunch — into a delicate Haiku.

As you tap the tweet out, Twiku reads through your message and helps with the haiku composition process. The app includes an impressive 120 thousand word syllable-counting dictionary, allows saving of drafts and can even bypass Twitter, allowing you to mail your creations to your friends.

Mactracker (Free)

Mactracker provides detailed information on every Apple Macintosh ever manufactured. There's the standard info, such as the device's initial price and launch date, but there's also slightly more obscure data too. For instance, did you know that the Macintosh Performa 400's maximum RAM speed was 100 ns? Or that the Macintosh Portable featured a Sealed lead-acid battery.

Even if these interesting factoids don't float your Apple-related boat, the app is worth downloading simply because it includes the Startup Chimes for every Macintosh ever released. That's a whole lot of Startup Chime. And if your abode is overflowing with vintage Apple goods, this app will prove to be a incredibly valuable source of information.

iCombat Lite (Free)

Without a TV in my dainty little Helsinki apartment, I decided that it was time to give my Nintendo Wii away. It's now installed underneath a large flat-panel TV at a friend's home, allowing him access to the joys of golf, bowling and boxing from the comfort of his living room.

It's not the lounge-based sports activities that I'm missing though, instead I've had a hankering for the excellent Wii Play tanks mini-game. Despite the slightly clumsy controls, iCombat Lite recreates the joys of the tanks mini-game. Across 10 levels, you'll drive a toy tank around various arenas, attempting to explode your enemies using rockets, grenades and mines.

That’s all the picks for this week. I’ll be back in seven days with a fresh selection of App Store recommendations.

In the meantime, what apps have you been using this week?

Apple rejects Unity games on the App Store

Sat, 14 Nov 2009 11:00 GMT

Filed under: Gaming, Apple, Developer, iPhone, App Store, SDK

Touch Arcade has the news that the long-awaited Ravensword and a number of other games built on the Unity game engine have been rejected by Apple from the App Store. The problem appears to be a number of API calls in the engine (though not specifically the game themselves, as I understand it) that allow the games to access the iPhone's number and send it back to the developer's servers.

Apple considers these to be private APIs, and they also got games developer Storm8 in trouble earlier this week; their games were pulled from the store in response to a lawsuit alleging that they were collecting data from users without their knowledge.

Chillingo, publishers of Ravensword, contacted us about this story, and they said that while the Unity engine does allow developers to use these calls, they did not use them or collect any user information. We're also told that the problem APIs "have been removed," and Chillingo has resubmitted the game for App Store approval.

As I understand it, this is the same type of issue that came up with Google a while back. It's not the same APIs (Google was using the proximity sensor back then), but now as then, it's Apple's call whether they will allow developers to use these private and undocumented calls. Obviously some apps on the iPhone have to access the address book from time to time, but it's Apple's call whether they can use APIs like that or not. This time, it appears, they said no.

TUAW Apple rejects Unity games on the App Store originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 14 Nov 2009 12:00:00 EST. Please see our terms for use of feeds.

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13,750-Square-Foot iPod Board Goes Missing

Sat, 14 Nov 2009 10:20 GMT

*****

The gift of love; the gift of recycled Mac and iPhone jewelry

Sat, 14 Nov 2009 09:00 GMT

Filed under: Accessories, Humor, Odds and ends

Are you looking for that perfect holiday gift for a loved one? Is that someone special a Mac geek or geekette? If so, then the clever people at PowerBook Medic have a wonderful gift idea for you!

They make a living out of repairing old Mac laptops and iPhones, and it's apparent that over the years they've accumulated more than a handful of buttons from machines that need fixing. PowerBook Medic is now making earrings from iPhone home buttons (see photo at right) and the power buttons from aluminum, black, and white MacBooks and MacBook Pros.

These lovely personal accessories can be yours for only US$14.95 per pair, so it's probably a good idea to order a complete set so the recipient doesn't think you're a complete cheapskate.

The company is also giving away 15 pairs of the iPhone earrings to lucky winners. Details of their Twitter-fied contest can be found here.

TUAW The gift of love; the gift of recycled Mac and iPhone jewelry originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 14 Nov 2009 10:00:00 EST. Please see our terms for use of feeds.

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Fifth-generation IPod Nano Gets a Firmware Fix - PC World

Sat, 14 Nov 2009 07:30 GMT

Apple's latest iPod nano got a firmware update Friday, aimed at fixing a few performance issues for the miniature MP3 player.

Stink Different with an Apple toilet

Sat, 14 Nov 2009 07:00 GMT

Filed under: Humor, Cult of Mac, Odds and ends

We've long heard jokes of the iCar, the iToilet, and other iCrap, but until now we'd never seen a real, working example of one of these things. Well, here's your iToilet, gang. It doesn't connect to the internet in less than three steps, but it does connect to a series of tubes.

Tipster Mike Jones actually had this made for himself, but through Rival Toilets, makers of custom, printed potties. Yep, the owner of Rival, Fred, has figured out a way to get decals under a coat of specially-formulated finish (a trade secret), resulting in some glorious toilets you see in the gallery. They last, they are custom and they are really quite something to see.

Rival's specialty? Sports team toilets with rival team logos in a "special" place on the bowl. I'm told the Apple version seen here has a similar "rival" logo in the bottom of the bowl. I'll leave the specifics to the reader's imagination. I don't think it's IBM, however.

Gallery: Custom toilets by Rival

TUAW Stink Different with an Apple toilet originally appeared on The Unofficial Apple Weblog (TUAW) on Sat, 14 Nov 2009 08:00:00 EST. Please see our terms for use of feeds.

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The Macalope Weekly: Business 101

Sat, 14 Nov 2009 07:00 GMT

Windows inspired by the Mac? Microsoft seems conflicted about the answer. And while the App Store continues to get attention, you can't argue that Apple knows how to sell iPhones.

Five unbelievable printers you can't have

Sat, 14 Nov 2009 07:00 GMT

While ink-on-paper printing technology is getting smaller, faster, and more affordable, the world of specialty printers is expanding. Mind-blowing tools are being developed that can print everything from food to human organs.

The Macalope Weekly: Business 101

Sat, 14 Nov 2009 07:00 GMT

Windows inspired by the Mac? Microsoft seems conflicted about the answer. And while the App Store continues to get attention, you can't argue that Apple knows how to sell iPhones.

HDTVs for the holidays

Sat, 14 Nov 2009 06:51 GMT

Our lab has been hard at work testing HDTVs ranging in size from 40 inches to 52 inches for image quality, usability, audio quality, and features. Here are the test results of 16 HDTVs.

Headfunk offers Sidekick Speaker Bags for iPod

Sat, 14 Nov 2009 06:32 GMT

Headfunk has announced the launch of the Sidekick Speaker Bags for iPod.

Review: Dell ST2310 display

Sat, 14 Nov 2009 06:15 GMT

LCD lacks extra features, but delivers solid image quality.

Core i7-Based 27" iMac Benchmarks Show Significant Improvements

Sat, 14 Nov 2009 03:48 GMT

The delivery of the Core i7-based iMacs have generated the usual discussion threads about unboxing, impressions and benchmarks. The performance of the high-end iMacs have been of particular interest due to the new incorporation of desktop-class pro...

Review: Vizio SV420M HDTV

Sat, 14 Nov 2009 02:16 GMT

The Vizio SV420M 42-inch HDTV offers lots of customization options and average video quality, at a midrange price.

Review: Panasonic Viera TC-P42X1 HDTV

Sat, 14 Nov 2009 02:15 GMT

A 720p plasma HDTV, the low-cost 42-inch Panasonic TC-P42X1 provides problematic images and underpowered sound.

Review: Samsung LN40B650 HDTV

Sat, 14 Nov 2009 02:14 GMT

Thanks to its very good picture quality, Internet and home-network entertainment features, and general user-friendliness, the Samsung LN40B650 ranks as one of the best HDTV we've tested this year.

Review: LG Electronics 42LH55 HDTV

Sat, 14 Nov 2009 02:13 GMT

The LG 42LH50 42-inch HDTV provides great connected features, above-average image quality, and good looks for a moderate price.

Review: Vizio SV471XVT HDTV

Sat, 14 Nov 2009 02:12 GMT

While an estimated street price of $1200 sounds good for a 47-inch, 240Hz LCD HDTV, especially one with multimedia capabilities and a terrific remote. But Vizio’s SV471XVT major compromise comes to image quality.

Review: Panasonic Viera TC-P46S1 HDTV

Sat, 14 Nov 2009 02:11 GMT

The Panasonic TC-P46S1 would be a bargain 46-inch plasma HDTV if its image quality weren't so disappointing.

Review: Vizio SV421XVT HDTV

Sat, 14 Nov 2009 02:10 GMT

Vizio’s SV421XVT HDTV has a 42-inch screen, a 240Hz refresh rate, and multimedia playback from USB drives. But poorly rendered detail and color, plus problems with digital artifacts, mar the viewing experience.

Review: Sony Bravia KDL-40W5100 HTDV

Sat, 14 Nov 2009 02:09 GMT

Sony's Bravia KDL-40W5100 is a very good 40-inch HDTV and an excellent Internet viewing device.

Review: Panasonic Viera TH-50PZ850U HDTV

Sat, 14 Nov 2009 02:08 GMT

The Panasonic Viera TH-50PZ850U has fantastic extras, but only average picture quality for a 50-inch plasma HDTV.

Review: Insignia NS-LCD52HD-09 HDTV

Sat, 14 Nov 2009 02:07 GMT

If you’re on a tight budget but want a larger-than-50-inch TV, consider the Insignia NS-LCD52HD-09.

Review: Toshiba 47ZV650U HDTV

Sat, 14 Nov 2009 02:06 GMT

Toshiba’s 47ZV650U is a pleasant-looking 47-inch HDTV that delivers a more than acceptable viewing experience, but its rough edges need smoothing, and it’s short on extras.

Review: Vizio VO420E HDTV

Sat, 14 Nov 2009 02:05 GMT

The no-frills Vizio VO420E 42-inch HDTV is attractively priced, but you'll have to settle for subpar image quality and mediocre audio.

Review: Samsung LN46B750 HDTV

Sat, 14 Nov 2009 02:04 GMT

Samsung’s 46-inch LN46B750 packages very good picture quality, excellent sound, YouTube viewing, Yahoo Widgets, and the ability to play media files from USB storage, all in one HDTV.

Review: JVC LT-46J300 HDTV

Sat, 14 Nov 2009 02:03 GMT

At this bargain price, the LT-46J300 will look very attractive. But there are other HDTVs that produce better image quality at a similar price.

Review: Insignia NS-L42X-10A HDTV

Sat, 14 Nov 2009 02:02 GMT

The Insignia NS-L42X-10A 42-inch HDTV has lots of features and a temptingly low price, but also poor image and audio quality.

Review: LG Electronics 42LH50 HDTV

Sat, 14 Nov 2009 02:01 GMT

The LG 42LH50 42-inch HDTV provides great connected features, above-average image quality, and good looks for a moderate price.

Jim Jubak: Has Apple blown its big chance?

Fri, 13 Nov 2009 23:50 GMT

Has Apple missed its chance? It had a limited window of opportunity when competitors such as Microsoft couldn't do anything right, and it didn't turn that opening into a significant share of the personal-computer market. For example, it was first to market with a game-changing smart phone, but the company has pursued a high-end niche strategy.

Commodore 64 Runs Again On the iPhone

Fri, 13 Nov 2009 23:02 GMT

Hugh Pickens writes "Stephen Williams reports in the NY Times that the app recreating some of the Commodore's seminal retro games, including Le Mans, Dragons Den and Jupiter Lander, has been re-issued after being pulled in September. The app features SID sound emulation, auto-save to continue where you left off, and a realistic joystick with a beautifully crafted C64 keyboard. Apple originally rejected the program for violating the SDK agreement, which dictates that 'no interpreted code may be downloaded and used in an Application except for code that is interpreted and run by Apple's Published APIs and built-in interpreter(s).' After disabling the controversial feature, Apple published the app in September, but days later it was pulled and the developer was asked to remove, rather than just disable, the BASIC interpreter from the program, which would have allowed unscrupulous users to run unlicensed, emulated code on the iPhone or iPod Touch. 'The road was bumpy, but we remained persistent and made the changes Apple was looking for. Ultimately, BASIC has been removed for this release; however, we hope that working with Apple further will allow us to re-enable it,' the company wrote on its blog."

Buyer's Guide: Mac Sales Begin Ahead of Black Friday

Fri, 13 Nov 2009 22:27 GMT

The holiday season has become more relevant for those looking for a discount on Apple computers as there has been an increasing number of vendors willing to hold short term sales/rebates on Macs over the past few years.

Due to a vari...