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Miami-based Psystar takes on Apple

Robert Pedraza is a 24-year-old self-taught programmer with a thin frame, spiky dark hair, gleaming braces, and squinty eyes. His brother Rudy is a year older and a quarter-foot taller. He counters the computer-nerd image with a half-buttoned dress shirt and an intense stare.

Robert Pedraza hacked into Apple's operating system on a whim before his brother talked him into selling the computers online.
C. Stiles
Robert Pedraza hacked into Apple's operating system on a whim before his brother talked him into selling the computers online.
Copycats around the world, including Rashantha De Silva's Quo Computer in Los Angeles, are selling Mac clones and betting that Psystar will prevail in court.
Ted Soqui
Copycats around the world, including Rashantha De Silva's Quo Computer in Los Angeles, are selling Mac clones and betting that Psystar will prevail in court.

Last year, the two Miami natives — one relaxed and jovial, the other driven and relentless — shoved a stick in the eye of America's coolest corporation.

Robert cracked the code behind Apple Computer's elegant operating system, OS X. It's the engine that drives iPhones, MacBooks, and all the other shiny white toys the world loves. For more than a decade, the Silicon Valley firm has coded its operating system to work only on the firm's expensive hardware.

The Pedrazas' company — called Psystar — legally buys the software and then installs it in boxy black desktop towers that sell for as little as $599. That's about half the price of comparable Macs.

For hundreds of buyers — and lately a score of copycats in Los Angeles and around the world — the brothers' bold move has meant freedom: Mac's acclaimed software has been liberated from its pricey hardware.

Apple hasn't taken the affront lightly. In July 2008, three months after Psystar began shipping computers from a tiny Doral warehouse, the giant firm with 35,000 employees and billions of dollars in revenue filed a 35-page lawsuit in California claiming Psystar was selling "unauthorized" versions of OS X.

So far, the court hasn't ruled. Indeed, in August the brothers countersued, charging the OS maker was trying to illegally inhibit trade. As with Microsoft, which lost a multimillion-dollar antitrust decision in Europe in 2004, Apple is protecting an illegal monopoly, Psystar claims.

Fred von Lohmann, staff attorney for the Electronic Frontier Foundation, a group that advocates for Internet free speech issues, thinks the brothers just might prevail. "We've lived 100-plus years with the basic proposition that if you bought it, you own it," he says. "We don't let vendors reach into your living room and micromanage how you use a product. Why should Apple get away with it?"

During the past 18 months, the brothers have forked out hundreds of thousands of dollars in legal fees, flirted with bankruptcy, and suffered mega-abuse from hostile Mac bloggers who have called them hucksters, frauds, and credit card thieves. As a kind of threat, street-level photos of their homes were posted on some blogs.

The two plan to continue fighting. They already fought through a turbulent childhood, lost their dad to federal prison, and saw their mom accused of abuse. Rudy, the business mind behind the venture, barely escaped a cancer scare and a near-fatal brush with a drunk driver.

They're prepared to take on everything Apple's millionaire lawyers throw at them, because they believe they're right, because they think the courts will eventually agree with them, and maybe most of all, because they don't like a bully telling them what to do.

Last month, the Pedrazas released a new line of Apple clone computers with the latest operating system, Snow Leopard. And for an encore, they began selling their software online so that anyone can make a pirated Mac.

"We're all in, baby," Rudy Pedraza says, grinning wildly. "Go big or get the hell out."

On July 17, 1982, a young Cuban immigrant named Rodolfo Pedraza married Maria Elena Benavides, a first-generation Cuban-American, in Miami. Rodolfo, then age 25, had grown up in South Florida after fleeing Cuba with his parents soon after Fidel Castro took power.

The couple had their first child, Rodolfo Jr. — soon nicknamed Rudy — a little more than a year later, on December 5, 1983. Robert followed on August 13, 1985.

The young family eventually moved to a pastel-colored home just north of the Tamiami Trail in Westchester, a blue-collar, heavily Hispanic neighborhood west of Little Havana, where Rodolfo started a series of short-lived business ventures. In 1979, there was Dade Elevator, which folded two years later, according to state business records. Then came a company called Deco Motors, which he shuttered in 1986. Maria Pedraza, in contrast, found stable work as a legal secretary.

The boys loved to tinker. Robert vividly remembers his mom's fury when she came home to find the parts of a brand-new remote control car spread across the living room floor. It had been disassembled down to the tiny plastic screws.

"I've always liked understanding how things work, I guess," Robert says, smiling, "even if I couldn't put it back together again afterward."

As young boys, they helped their dad take apart a boat engine, clean the pistons, adjust the belts, and reassemble it. It was a happy childhood, even if the brothers spent as much time quarreling as playing. In 1990, their younger sister, Michelle, was born.

But in 1991, a few months after Rudy turned 7 years old, police officers slapped handcuffs on Rodolfo and hauled him away in a squad car.

The boys' dad had been caught in a sting of two Fort Pierce drug dealers named James Middleton and Larry Munson. A St. Lucie County detective named Marvin Ashabraner had spent more than six months tailing the dealers and tapping their phones as they sold coke from their homes and a woodworking shop.

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  • 12/02/2011 12:06:00 PM

    No big deal at all.. I think the OSx86 project is doing the work perfectly as it should do :-)

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  • Sally 01/07/2010 3:50:00 AM

    'Miami-based Psystar takes on Apple Share By Tim Elfrink' Takes on Apple Share? No one BOUGHT any of these boxes. Ask them for sales figures. Who would purchase one of these boxes? These blow-hard buffoons are con-artists of the highest order. It is now January 6, 2010. As everyone knows Psystar is no longer selling Mac clones. THEY LOST. THEY FAILED. THEY ARE NOT HEROES. THEY ARE NOT EVEN NICE PEOPLE. Once again, in a desperate attempt to promote sales of this rag, the New Times presents a story so poorly written that Mr. Elfrink should start practicing the phrase 'Will that be paper or plastic?' On a personal note to 'Mr.' Elfrink: do you really believe you are a good and qualified 'journalist'? You are not. The audience has spoken pretty universally that this article is so bad it competes with Pia Zadora in 'The Lonely Lady' for the worst of anything. Get a job. You are wasting web space. This is serious. When people such as yourself ramble on for page after page with such useless drivel and no qualified editor nixing your trash it is time for the readers to rise up and say 'NO MORE'. You are not a writer. Please reveal any and all inducements you received from Psystar for this drivel. Sickening. Readers are getting tired of this nonsense. 'Miami-based Psystar takes on Apple Share By Tim Elfrink' Takes on Apple Share? No one BOUGHT any of these boxes. Ask them for sales figures. Who would purchase one of these boxes? These blow-hard buffoons are con-artists of the highest order. It is now January 6, 2010. As everyone knows Psystar is no longer selling Mac clones. THEY LOST. THEY FAILED. THEY ARE NOT HEROES. THEY ARE NOT EVEN NICE PEOPLE. Once again, in a desperate attempt to promote sales of this rag, the New Times presents a story so poorly written that Mr. Elfrink should start practicing the phrase 'Will that be paper or plastic?' On a personal note to 'Mr.' Elfrink: do you really believe you are a good and qualified 'journalist'? You are not. The audience has spoken pretty universally that this article is so bad it competes with Pia Zadora in 'The Lonely Lady' for the worst of anything. Get a job. You are wasting web space. This is serious. When people such as yourself ramble on for page after page with such useless drivel and no qualified editor nixing your trash it is time for the readers to rise up and say 'NO MORE'. You are not a writer. Please reveal any and all inducements you received from Psystar for this drivel. Sickening. Readers are getting tired of this nonsense. 'Miami-based Psystar takes on Apple Share By Tim Elfrink' Takes on Apple Share? No one BOUGHT any of these boxes. Ask them for sales figures. Who would purchase one of these boxes? These blow-hard buffoons are con-artists of the highest order. It is now January 6, 2010. As everyone knows Psystar is no longer selling Mac clones. THEY LOST. THEY FAILED. THEY ARE NOT HEROES. THEY ARE NOT EVEN NICE PEOPLE. Once again, in a desperate attempt to promote sales of this rag, the New Times presents a story so poorly written that Mr. Elfrink should start practicing the phrase 'Will that be paper or plastic?' On a personal note to 'Mr.' Elfrink: do you really believe you are a good and qualified 'journalist'? You are not. The audience has spoken pretty universally that this article is so bad it competes with Pia Zadora in 'The Lonely Lady' for the worst of anything. Get a job. You are wasting web space. This is serious. When people such as yourself ramble on for page after page with such useless drivel and no qualified editor nixing your trash it is time for the readers to rise up and say 'NO MORE'. You are not a writer. Please reveal any and all inducements you received from Psystar for this drivel. Sickening. Readers are getting tired of this nonsense.

  • Dude 01/07/2010 3:40:00 AM

    Paul Northfield writes: "Time to go back to journalism school." Back to journalism school? The blowhunks at New Times learned their craft writing on the stalls of men's rooms. That's the particular rank that comes wafting off your computer monitor as you scan their 'site'. Really quite pathetic. I guess they think it makes them hip and cool and rad. As I said, quite pathetic, really.

  • SuckWad 01/07/2010 3:36:00 AM

    The Miami New Times is, as everyone knows, a paper on its last legs subscription-wise and financially. This is the reason they accept such shoddy writing as this article. The weeding out of crappy papers is the first step in getting back to some REAL reporting and journalism. RIP.

  • john 11/29/2009 4:21:00 AM

    The problem i have with all this, is that it could completely distroy American products that are based around a CPU. Consider a mobile phone (not apple), someone like Nokia spends hundreds of thousands writing the software, what would happen if a Chinese company suddeenly started to sell 'another' phone using the same software. Apple make hardware and as part of that hardware they sell an OS to use with it. That is not protectionism, you are free to use the Apple hardware and load windows or linux onto it, you do NOT have to use the apple software, which is completely different from the MS$ anti trust case where you HAD to use their sofware. Thease guys are just theives, not just from apple but also the public domain attempt to use osx. How arrogant is this noob programmer to claim everybody else is wrong and it does not work, be he in his ultimate wisdom completely understands everything. Obviously criminal intent runs deep in this family, and personally I don't give a shit what hardware osx runs on, but i cannot stand criminals that are unable to do an honest days work to make a living.

  • Steve 11/29/2009 2:34:00 AM

    Psystar's whole business is premised on stealing from Apple Psystar pirates Apple's software, circumvents Apple's technological protection measures and illegally benefits from the good will and reputation Apple has built. Psystar's conduct, if permitted to continue, will both tarnish Apple's reputation for excellence and lead to the proliferation of copycats who also will free ride on Apple's investments, infringe Apple's intellectual property rights and cause further irreparable injury.

  • Jolly 11/28/2009 9:27:00 AM

    Screw the brothers - Long live Apple

  • Patrick 11/28/2009 8:03:00 AM

    Ya. This article is written for someone who loves pystar. But ya. Good luck. Have fun living on the streets when this is done.

  • Patric 11/28/2009 8:03:00 AM

    Ya. This article is written for someone who loves pystar. But ya. Good luck. Have fun living on the streets when this is done.

  • Paul Northfield 11/19/2009 3:28:00 AM

    Investigative journalism with informed opinion is an important service provided by our newspapers. This article has demonstrated a total lack of either in misrepresenting the issues at hand and idealizing the perpetrators of intellectual theft. Time to go back to journalism school.

  • Don 11/18/2009 9:07:00 PM

    This truly is a half-witted piece of "reporting", and is not worthy of a high school newspaper. As has been pointed out by many, one purchases a license to use software, and this is made clear by Apple. Numerous other companies use the same business model. Mr. Elfrink calls this a "dubious" argument, but admits in the story that it has been upheld in Federal Appeals Courts. The legal experts quoted in the story do not actually back up the brothers' claims. Read the quotes again. For those of you who whine about the price of Macs--don't buy them. Sure Apple uses Intel chips and hard drives manufactured by another company. However, Apple buys those products to use in their computers with the full permission of the manufacturers, and pays for the privelege of using them. If companies or inventors cannot protect their work through copywrites, trademarks, or patents, innovation is stifled. These brothers are thieves, pure and simple. They knew they were breaking the law, and, like their father before them, chose to carry on. They are not Robin Hood, they are just robbers.

  • Ben 11/17/2009 12:17:00 PM

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  • Jim 11/17/2009 5:50:00 AM

    Apple ripped you off ? Nobody put a gun to your head and told you to buy their warez ? Go build your own computer and run Linux. That's the best way to stop Apple and Microsoft. At the end of the day, nobody is stopping anyone from building the most cost effective computer they can and loading a fully functional Linux OS on it. And get this, your applications are free too. Take your pick, there are so many Linux distros, and every one is free with the latest applications. Free upgrades too ! Web browsers, firefox and opera. Want an office suite ? Open Office is incredible. Want a Microsoft Outlook email application, use Evolution ? Photoshop ? Try Gimp, you can get it for Windows, Apple and Linux for free. Need rendering, open source Blender works fine. Stick with Linux for 6 months and make a transition in your life that you won't regret. http://www.gimp.org/screenshots/ http://www.youtube.com/watch?v=O30sFV0BzGA http://www.youtube.com/watch?v=xL6R-gcEblw http://www.blender.org/features-gallery/movies/ http://www.responsibilityproject.com/films/player/lighthouse/ The difference here would be in using one's time to grow & learn, while being accountable and responsible for one's actions vs wasting efforts and ripping others off. Those behind Linux are the true heroes, not the flash in the pan losers who are incapable of discerning the difference between right and wrong. At the end of the day, those with no moral compass lose, while the rest of us bear the cost of these fools. 6 pages of an article on the genius behind pirating software. I'm convinced more than ever the human race is full of retards. If these entrepreneurs truly have a gift and talent, why risk it all and throw it away on software piracy ? You be the judge ? So far this family has been involved in illegal drug trade/trafficking, they've stolen from Apple, they've stiffed their legal team out of nearly $ 90K, bilked another $ 13K from DHL and $ 25K from credit card processing. When will it end ? Obviously teetering on the brink of bankruptcy, their business model is flawed ?

  • Diamond Dan 11/16/2009 7:21:00 PM

    You guys at Psystar are AWESOME! Keep fighting... and if they win... find another way in. YOU CANNOT BE STOPPED... and apple SHOULD BE stopped from RIPPING US ALL OFF FOR SO MANY YEARS WITH THEIR UNBEARABLY HIGH PRICING!

  • lord anubis 11/16/2009 3:34:00 PM

    Like mentioned before they sells upgrade dvd's as complete versions, so are they now thief's and scamming. They use other peoples work, software what is under open source ( APSL ) license and sell that as there own work, are they now thief's and scamming. My guess they are. yek, they are!! Strange that a news reporter is even behind this story without any objectivity. Or is the MNT using their products? Anyway, sad story.

  • IT2 11/16/2009 3:03:00 AM

    This quote: "the brothers' bold move has meant freedom: Mac's acclaimed software has been liberated from its pricey hardware." Why do you think Apple's stuff works so well? They integrate and control everything. If you break that up, you have nothing but what Microsoft has�a bunch of separated units trying to integrate with something that doesn't belong to them, nor was created by them and work with stuff designed independently of what they made. Basically, you'd just have a disconnected, unrelated, mess. We don't need another Microsoft situation. There's a reason Apple is voted #1 repeatedly for customer satisfaction.

  • Chet Reynolds 11/16/2009 1:01:00 AM

    Good to see there are guys still around who have some balls! These mega corporations have been sticking it up our asses for years & I truly hope you win your case,it will be a win for us all! If they lose I will shed no tears that now they have to buy 200 million dollar homes instead of 600 million dollar homes.I wish that I hadn't bought a new computer 6 months ago (not a Mac) because I would have been your next customer!! May the force be with you :)

  • X 11/15/2009 11:45:00 PM

    You don't get it, do you? This has nothing to do with computers. I buy Coke from Rudy. Lots of people do. Psystar's just a front to launder the income. You're not much of a journalist, but I do find your account of an "epic battle against Apple" entertaining.

  • JBW 11/15/2009 9:50:00 PM

    I'm an Apple fan of many years and think compared to everything else computer-wise there is no contest. If this suit goes in favor of Pystar, I can only imagine to what end this will hurt Apple's image (which has $ value and have spent Billion$ refining, nurturing and promoting. Not to mention they were just awared the world's "Most admired Brand" BY MONEY magazine. Now imagine this: What if I buy a Ferrari engine and put it in a cheap car like a Ford Focus and then drive it around the world with a "Powered by Ferrari logo" (as would be comparable to Showing co-others a cheap PC box running the Mac OS). How can ANYONE POSSIBLY say this would not hurt the image and brand value of Ferrari? You cannot dispute this argument, ever. We Mac users like our computers because they are beautifully designed on the outside as well as the inside. Now if all these millions of cheap, lowest-part-ugly-ass piece of hardware and case is shown to people running a beautiful OS X, that hurts Apple's brand ...this is so the typical Window's user mentality that Apple tried to avoid for years. People with no respect for design aesthetic trying to find a short cut for the lowest possible price. That's what gave us the ugliest and worst OS (Windblows) computers ever!! I live i Miami, look at these kids background... He's smart and it looks like his fathers' rep got into his DNA.... trying to just ride Apple's coattails and years of marketing the best computers with a "get-rich-quick".. "let me fid a loophole" scam. I'd rather support a great company with a few extra bucks for quality so they can continue to offer beautiful products or we'll all end up with the computer equivalent of a Yugo! Do any of you know what the big saying representing our city is??? Let me enlighten you... "Florida, the sunniest place with the shadiest people." Print that headline New Times!

  • Trtuh 11/15/2009 3:50:00 PM

    This makes no sense, Psystar rips of the Hackintosh community then makes claims they are wrong. Also have never sued OSX86 or sites like that because as long as you dont make money of of it they seem to fine with Hackintosh. But Psystar makes me so mad you can not repeat can not rip off a very hard working community and then claim they are wrong

  • Ted Paxton 11/15/2009 6:30:00 AM

    "In sum, Psystar has violated Apple's exclusive reproduction right, distribution right, and right to create derivative works," Alsup wrote in the ruling, which was posted by legal site Groklaw.net. Ouch! Good luck boys! PS: I see someone is starting to delete messages...

  • Bryan Gruver 11/15/2009 2:16:00 AM

    Apparently the judges are fan boys too. :) http://www.macrumors.com/2009/11/14/apple-wins-judgement-against-psystar-for-mac-os-x-copyright-infringement/

  • Ted 11/14/2009 11:37:00 PM

    Hmmm Ok Tim are you going to now help the brothers out of the fiscal morass that they were handed yesterday. Psystar takes it on the chin. http://www.businessweek.com/the_thread/techbeat/archives/2009/11/apple_crushes_c.html

  • Bryan Gruver 11/14/2009 10:02:00 AM

    First of all your information is incorrect. You state that Psystar pays full price "$29" for a copy of OSX Snow Leopard. That is the Upgrade Price. If you are not upgrading your computer from Leopard, you must buy the Mac Box Set for $169. From Apple's website: "Snow Leopard is an upgrade for Leopard users and requires a Mac with an Intel processor." Apple spent $400 million buying NEXT back in 1997 specifically for their operating system. That operating system became Mac OS X. Over the last 13 years Apple has spent countless millions developing their operating system. Now some kids from Kendall think it's their right and duty to "liberate" the operating system that Apple owns. They are selling computers and making money off of Apple's Software Engineers. You do not own any software on your computer. You purchase a License that allows you to use it. When you install it, you agree to an "End User License Agreement" that specifies how the software is to be used. If you don't like it, don't install it. Psystar is knowingly breaking this License Agreement in order to sell computers. If Psystar wants to be considered a "Real" Computer Hardware Reseller, do it using software which you have the right to install and resell.....Windows or Linux.

  • Shane D 11/13/2009 10:21:00 PM

    This article it typical for Miami. As for them cracking the code, PLEASE! OS X has been able to be installed on regular PC hardware ever since Apple released the Intel based version of OS X. One more thing. If this had been non-cubans that had done this, the article would have had a completely different tone.

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  • Fring 11/13/2009 4:12:00 PM

    How about this Mr Elfring: I have copied your article and intend to print it under the title of 'Shabby Self Serving Journalism' and sell the pamphlet around my Journalism school with a full explanation of my justification, in order to fund my fees. I consider your piece to be freely offered and thus my property to do with as I wish. You may sue me but it won't stop the inevitable liberation of words.

  • steve humann 11/13/2009 12:03:00 PM

    I forgot about: "These guys are riding our coattails and we're shouldering all the court costs," he huffs. lolololol

  • steve humann 11/13/2009 11:50:00 AM

    This article is so breathlessly tech-clueless that I have to wonder if it wasn't all deliberate. Like the editor gave specific orders to Elfrink to write a piece so full of outrageous distortions that it will generate a whole bunch of internet activity. It's like somebody's dad who knows nothing about computers spent two days skimming everything he could on the subject and came to such an impossible series of conclusions that you have to wonder how he rationally got there. The human interest angle of the story with the car wrecks and other non-issues seems to be all that Elfrink understands or cares about. Another mistake (of many) Engadget missed was the bit: "Apple burst onto the commercial market in 1984 with a legendary Super Bowl ad that depicted an Orwellian IBM world smashed to bits by a rebel Apple innovator wielding a sledgehammer. The message was clear: PCs were the status quo; Apple was the alternative." When combined with the previous paragraph the implication is that the Steves were building blue boxes until 1984 and the Apple, Apple ][ etc. never existed. Absolutely asinine reporting. And trying to shoehorn the Scully-era licensing of clones into the hackint0sh issue is either disingenuous or more likely just plain stupid. Mr. Elfrink please go back to writing the heart-wrenching stuff you're so good at and stay away from the technology. There are already plenty of dipshit tech writers.

  • arale norimaki 11/13/2009 5:13:00 AM

    In a related story, Microsoft disconnects 600,000 XBox 360 users who have modded their system. http://news.bbc.co.uk/2/hi/technology/8354166.stm Bottom line: Hardware and Software companies don't like you to use their stuff in ways they aren't prepared to support. They build terms in the EULA to try and force this, and when that doesn't work, they take a more hands-on technical approach.

  • Amy 11/13/2009 2:57:00 AM

    Why don't they do something creative with all this energy? They probably don't believe in public health care, but they do believe in public access to Apple's creations?

  • ted Paxton 11/12/2009 11:16:00 PM

    "Psystar pays full price � $29 � for each copy of OS that it installs on its computers." Wrong! That's the upgrade price, they would have to own a previous copy of Leopard to legally use this, but why should that stop them? And why should this journalist care whether they research their facts before printing this garbage?

  • Ted Paxton 11/12/2009 11:05:00 PM

    "Like a lot of people, I'd always loved Apple's interface," Robert says. "But there's no way we could afford that stuff growing up, so we always felt sort of excluded from the company." Poor babies, they felt excluded, bless their hearts. Yeah, in other words, if someone can't afford something, they steal it. And, in Miami, I guess that's the law of the land, according to this article. I don't have a Ferrari, so I feel excluded also. These people are opportunistic thieves. If they're so smart (cracked the code, yeah, right!), then let them develop something on their own. Stealing is easy...

  • Brian 11/12/2009 10:52:00 PM

    How dare the Miami New Times assert that these two guys are the ones that hacked Mac OS X. They did not. All they did was download several projects, created a name for themselves online, and then try to charge and take credit for someone else's work. For accuracy, next time you write a tech article, why don't you use a little tool called Google to do some fact checking. You'd surprise just how a few queries can debunk this load of crap these two guys are shoveling as their own, and credit can be given to those that deserve it.

  • Nicholas McHugh 11/12/2009 8:37:00 PM

    I am so inspired by the author's take on this issue I am going to follow Psystar's example. Since I paid for this article by viewing the ads, I am going to print off copies of it on cheap commodity paper and sell it at a profit. Why stop there? Why don't I print off the entire website and sell it too? To further the comparison, I am going to claim I "cracked the code" by claiming I invented the method for printing articles and selling them, totally skewing all the obvious contribution of others. Since the author seems to be reading and responding to these comments, tell me how this is any different than what Psystar is doing?

  • Matt 11/12/2009 8:14:00 PM

    These guys are great examples of American ingenuity. Apple should be proud of them, as they are following the company's advertised admonishing. "Here�s to the crazy ones. The misfits. The rebels. The troublemakers. The round pegs in the square holes. The ones who see things differently. **They�re not fond of rules.** And they have no respect for the status quo. You can quote them, disagree with them, glorify or vilify them. About the only thing you can�t do is ignore them. Because they change things. They push the human race forward. And while some may see them as the crazy ones, we see genius. Because the people who are crazy enough to think they can change the world, are the ones who do." Apple makes a fine product, but let's not let them fool us into siding with them to set a precedent for copyright law that squelches innovation. To quote a the famous "misfit" featured in the above-quoted Apple advertisement: "First they ignore you, then they laugh at you, then they fight you, then you win." Mahatma Gandhi Keep fighting Pedrazas!

  • grizzle 11/12/2009 5:20:00 PM

    people have been installing OSX on Windows boxes for several years now - I know I have... ;)

  • Alastair M. 11/12/2009 2:39:00 PM

    "Whenever people buy copies of Mac OS, they assent to a licensing agreement that pops up when the program is installed. The users promise not to alter the software or run it on anything but (Apple hardware)." I'm sorry but last I checked, Apple used INTEL Processors, and PC Hardware with Mac Drivers and in some cases, custom Bioses. Now who's cloning who? You show me how a Hard Drive from a Mac is physically different from one in a PC other then the Apple Logo on the drives label. How about the DVD-RW or Ethernet Card, Video Card, etc. Sure the Mainboard might be custom, but so are many from IBM, HP, ACER and others, and there still a PC. I don't care what any Fan Boys say (I am one!) I for one SUPPORT PSYSTAR and believe they should Win. Though I still strongly believe they have used and taken credit for the work of others. I'm betting the release of Rebel was to help cover legal fees. And while Rebel may come well packaged, the same results can be obtained freely online in the Hackint0sh Community.

  • James 11/12/2009 12:27:00 PM

    This article seems a bit biased towards the brothers. Oh sure everyone loves to help the little guy out but this is making apple sound like they're trying to destroy their life or something! For one thing, Apple clearly states any copy of OSX is illegal on non-apple authorized computers. What the two brothers are doing is selling illegal Hackintoshes and trying to profit from it. Countersueing Apple and filing bankrupcy is their own problem for selling illegal hardware. Anyways, it dosnt seem right that 2 brothers are fighting against Apple. Maybe Apple might drop the charges and froget it, they did have a tough life. Well, that's my 2 cents

  • Edwin 11/12/2009 9:33:00 AM

    Tim, Looks like Nilay at Engadget doesn't feel like your response to their criticism is accurate. I'm curious about your thoughts on his response. http://www.engadget.com/2009/11/11/psystar-founders-claim-they-cracked-os-x-hackintosh-scene-is-a/comments/23042844/

  • Edwin 11/12/2009 7:37:00 AM

    Thank you for the response Tim, appreciate it.

  • echo 11/12/2009 6:42:00 AM

    This article is heavily biased and skewed towards Psystar and the Pedraza brothers. It is not written with any objectivity It makes out Apple to be a corporate bully for asking Psystar to cease and desist. What everyone (including the writer of this article, Time Elfrink) fails to understand is that Apple LICENSES the use of Mac OSX just like any other software company (Adobe, Microsoft, etc.). Drawing parallels with buying CD's and music is incorrect and inaccurate. When you buy software, you are buying the LICENSE to use it and you do not own the IP of the software. As a result you are not allowed to alter it and then resell it. Its synonymous to buying copies of Windows 7 or Adobe CS4, hacking it and then reselling the cracked versions. No matter how you slice it, that is ILLEGAL.

  • Robert C. 11/12/2009 6:35:00 AM

    "Robert cracked the code behind Apple Computer's elegant operating system, OS X." No, he didn't. He stole code from other talented, generous programmers that shared his work for free. Robert should join his father in jail.

  • Michael 11/12/2009 6:24:00 AM

    Is this an Advertorial , because if it is I can see it disclosed anywhere. Also if it is good luck getting your money off Psystar, they can barely afford their lawyers. If this is not an Advertorial, then it is one of the worst pieces of journalism I've seen. Most things have been stated in the above comments, but to add my two cents the guys at Psystar have done nothing but take other people's technology and use it for their own gain. They are even trying to sell the work done by the Hackintosh community for $50 a pop. These guys are scum. It may have started out as a car crash but it has now become a train wreck. As was this piece of, to put it loosely, journalism.

  • Andrew 11/12/2009 5:28:00 AM

    What objective reporting this is. Not. Did they give you a shiny new ugly Psystar for your story on these 2 losers? Wow. Hackers all...

  • Tim Elfrink 11/12/2009 4:55:00 AM

    Hi Edwin -- Yes, Endgadget did such a good job of calling out our "errors" that they spelled my name wrong until I called them out on it. (Looks like the've fixed it now). As for the other "errors" -- I see 7 complaints about characterizations in the story and no complaints about factual errors. (Way to bust us for putting "unauthorized" in quotes. That's because it's "quoted" straight from the Apple lawsuit.) There is only one charge about a supposed factual mistake: that Snow Leopard's update runs at $29 but the whole package sells for $169 with the whole iLife package. I'm not certain which version Psystar purchases, nor do I claim to know in the story -- I was simply providing readers some context on what Apple charges for Snow Leopard updates at the Apple Store. Tim

  • Miami Mike 11/12/2009 4:54:00 AM

    Apple, IBM and Microsoft all stole from each other. Welcome to the U.S. and welcome to capitalism. Pull the Apple from your ass. Then maybe you'll actually do something with your life and be sued. That's the only reason you're interested in this article. Don't blame the messenger for content which obviously reminds you that people who ride the jocks of Apple, Microsoft or IBM are losers.

  • Edwin 11/12/2009 4:06:00 AM

    Looks like Engadget is calling you guys out for all the errors in your article. http://www.engadget.com/2009/11/11/psystar-founders-claim-they-cracked-os-x-hackintosh-scene-is-a/

  • brett 11/12/2009 2:07:00 AM

    LOL This site blows. They didn't crack the code. It's been around since like 2006 and they had no involvement in it. They're just trying to make a profit of other people's work. Which not only violates apple's eula, but also violates the license agreement set forth by the creators of the osx86 hacks. lulz.

  • ted 11/12/2009 2:06:00 AM

    Wow! did these to PAY your "newspaper" to write about them and then make them out to be heros? This is a hackjob to beat all hack jobs. I thought I was looking at Fox..er Fixed news for a second. What these two are doing is wrong and against the EULA, period end of story.

  • Brian Kimble 11/12/2009 1:54:00 AM

    Good grief. This is one of the silliest articles I have read on this issue. These individuals are stealing the intellectual property of Apple, Inc. and selling it to make a profit. And you paint them as innocent victims and underdogs? Good Lord, what happened to journalistic integrity? You should be ashamed of yourselves.

  • Matthias 11/12/2009 1:51:00 AM

    " Robert cracked the code behind Apple Computer's elegant operating system, OS X. " it's more stealing the code from others/the community and taking the credits..

  • PedrazasAreThieves 11/12/2009 1:43:00 AM

    Where to begin.. This whole article is the biggest pack of lies I've read in years. Everything PsyStar has is stolen from other developers. That is not an assumption, it is a hard fact which I have seen for myself, being one of the original hachintoshers who has been running os x on pc's since July 2005. I won't bother getting technical, but let me point out some practical facts: Psystar's machines are not even particularly good hackintoshes, they are cheaply built PCs sold at a big markup. Support is poor, and when something does go wrong the users cannot turn to the wider community, as psystar customers are banned on sight. Every product they have has a free equivalent, and you can build better yourself, for less, with the support of an active development community rather than being stuck with a dubious 2-man band outfit running from a garage.. your choice.

  • jyuichi 11/12/2009 1:16:00 AM

    Boxed copies of OSX are upgrade licenses. Officially the 30$ version is for leopard folks only (not people with Tiger or no copy of OS X at all). If Psystar should be allowed to used these as full licenses Microsoft should be forced to allow me to use Windows 7 upgrade discs as full licenses. Obviously this is absurd. Apple (and Microsoft) is entitled to sell upgrade discs that are only allowed to be used a upgrades. Psystar is undermining this and hurting the OS market as a whole. Should I be allowed to make fake iPod touches and sell them because I bought the 5 dollar OS upgrade? Of course not. Hackintoshing as a hobby is fine but making a business out of it is overall bad for the mac community.

  • arale norimaki 11/12/2009 12:25:00 AM

    The developers of the OSx86 Project claimed that Psystar did not get permission to use their code and then reworked their license so that it specifically forbids commercial usage

  • Booty 11/11/2009 11:46:00 PM

    "Psystar pays full price � $29 � for each copy of OS that it installs on its computers." Ha. That's the price for updating Leopard. In fact, Snow Leopard cannot be purchased alone, will need to purchase a "Mac Box Set" including iLife and iWorks listed at 169$

  • Check 11/11/2009 10:48:00 PM

    You commentators sure are Apple fanboys. I understand that the agreement clearly states you cannot install the software on other hardware, but the question is whether the agreement is legit. No company has the right to simply make up their own agreement, there are still laws. The agreement doesnt create new laws, it used the current laws. If a company sells you a bread knife and the license agreement says you can only cut bread with it, what are you gonna do? I can use the bread knife to cut a lemon if I want. I paid for the knife, not the agreement. I understand they spent R&D to develop the world's best bread knife, but guess what? I found that this bread knife cuts my fruit very nicely, so I'm going to continue using it for my fruit. These guys aren't heroes and that statement about others riding their coattails is pretty hypocritical, but like the article mentioned, Steve Jobs rode the coattails of the phone companies by selling his illegal blueboxes. In the end, it should be all about the consumer and the free ability to be competitive. Although it doesn't always end up that way because in this wonderful country money talks......So Apple will end up being the victor....how sad. Written from one of my many household Macs.

  • arale norimaki 11/11/2009 10:28:00 PM

    APPLE INC. SOFTWARE LICENSE AGREEMENT FOR MAC OS X ESPA�L APPLE INC. CONTRATO DE LICENCIA DE SOFTWARE PARA MAC OS X Licencia de uso � y paquete familiar para utilizar en sistemas de marca Apple ROGAMOS LEA DETENIDAMENTE EL PRESENTE CONTRATO DE LICENCIA DE SOFTWARE (EN ADELANTE DENOMINADO �LICENCIA�) ANTES DE UTILIZAR EL SOFTWARE APPLE. LA UTILIZACI� DEL SOFTWARE APPLE SE INTERPRETAR�COMO UN HECHO INEQU�OCO DE QUE ACEPTA LOS T�MINOS Y CONDICIONES DE ESTA LICENCIA. SI NO ACEPTA DICHAS CONDICIONES, NO HAGA USO DE ESTE SOFTWARE. SI NO ACEPTA DICHAS CONDICIONES, PUEDE DEVOLVERLO AL ESTABLECIMIENTO DONDE LO ADQUIRI�PARA SU REEMBOLSO. EN CASO DE QUE HAYA ACCEDIDO AL SOFTWARE APPLE ELECTR�ICAMENTE, HAGA CLIC EN EL BOT� �NO ACEPTO�. EN EL SUPUESTO DE QUE EL SOFTWARE APPLE EST�INCLUIDO EN EL PRODUCTO DE HARDWARE QUE HAYA ADQUIRIDO, DEBER�DEVOLVER EL PAQUETE COMPLETO DE HARDWARE Y SOFTWARE PARA PODER SOLICITAR SU REEMBOLSO. NOTA IMPORTANTE: Este software puede utilizarse para reproducir, modificar, publicar y distribuir materiales. Mediante esta licencia, s�se le autoriza a reproducir, modificar, publicar y distribuir materiales no regulados por las leyes de la propiedad intelectual y materiales para cuya reproducci�modificaci�publicaci� distribuci�uente con una autorizaci�egal expresa. En caso de desconocer si tiene derecho a reproducir, modificar, publicar o distribuir o no ciertos datos, consulte con un asesor jur�co. The end-user license agreement for Mac OS X forbids third-party installations of Mac OS X, and Psystar's Mac clone is in violation of that agreement.

  • arale norimaki 11/11/2009 10:15:00 PM

    maybe i should open a McDowell's here is the apple LICENSE ENGLISH APPLE INC. SOFTWARE LICENSE AGREEMENT FOR MAC OS X Single Use and Family Pack License for use on Apple-labeled Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. is in ESPA�L APPLE INC. CONTRATO DE LICENCIA DE SOFTWARE PARA MAC OS X Licencia de uso � y paquete familiar para utilizar en sistemas de marca Apple ROGAMOS LEA DETENIDAMENTE EL PRESENTE CONTRATO DE LICENCIA DE SOFTWARE (EN ADELANTE DENOMINADO �LICENCIA�) ANTES DE UTILIZAR EL SOFTWARE APPLE. LA UTILIZACI� DEL SOFTWARE APPLE SE INTERPRETAR�COMO UN HECHO INEQU�OCO DE QUE ACEPTA LOS T�MINOS Y CONDICIONES DE ESTA LICENCIA. SI NO ACEPTA DICHAS CONDICIONES, NO HAGA USO DE ESTE SOFTWARE. SI NO ACEPTA DICHAS CONDICIONES, PUEDE DEVOLVERLO AL ESTABLECIMIENTO DONDE LO ADQUIRI�PARA SU REEMBOLSO. EN CASO DE QUE HAYA ACCEDIDO AL SOFTWARE APPLE ELECTR�ICAMENTE, HAGA CLIC EN EL BOT� �NO ACEPTO�. EN EL SUPUESTO DE QUE EL SOFTWARE APPLE EST�INCLUIDO EN EL PRODUCTO DE HARDWARE QUE HAYA ADQUIRIDO, DEBER�DEVOLVER EL PAQUETE COMPLETO DE HARDWARE Y SOFTWARE PARA PODER SOLICITAR SU REEMBOLSO. NOTA IMPORTANTE: Este software puede utilizarse para reproducir, modificar, publicar y distribuir materiales. Mediante esta licencia, s�se le autoriza a reproducir, modificar, publicar y distribuir materiales no regulados por las leyes de la propiedad intelectual y materiales para cuya reproducci�modificaci�publicaci� distribuci�uente con una autorizaci�egal expresa. En caso de desconocer si tiene derecho a reproducir, modificar, publicar o distribuir o no ciertos datos, consulte con un asesor jur�co.

  • Michelle 11/11/2009 9:55:00 PM

    I am simply not compelled by the underdog aspect of your story. 99.999% of the work developing OSX and the Apple user experience was done within Apple. The product they are shipping is worth something because of the effort that Apple went through to to create it. Apple does not license their software to be sold on other hardware. Microsoft does. These are business models. Choices. If you want to license software, then go make the business arrangement to do it. Don't pretend that you have the right to pre-install software to sell your machines when you don't. The sad part is, if they were to be successful, it doesn't just harm Apple. It will harm anyone who wants to create value by innovating. Apple should be able to decide that how they want to sell the stuff they make, right? Apple isn't anticompetitive with any business because Apple makes stuff and then sells it. There is no pretense of licensing anything. No one gets hurt by that. Apple isn't running people out of business by limiting access to their software. No one has access to it. If you want to write your own operating system and install it on a machine, go right ahead. Installing apple's stuff to sell your box is theft. And everyone knows it. Here's an interesting question: If this was Dell loading Mac OSX onto machines, do you write the same story? I think not. Let the market decide if Apples choices are worth it. They are

  • Jarod 11/11/2009 9:49:00 PM

    The two brothers are Class-A MORONS and the author of this article is a clueless turd seeking attention. What a waste of bandwidth. PsyStar and the two clowns behind it will die a slow painful death, and 30 minutes later, no one will care to remember.

  • Tom 11/11/2009 9:03:00 PM

    It's amazing how you have painted these two as "victims", trying to foster sympathy. But their own comment says it all, "These guys are riding our coattails and we're shouldering all the court costs," Rudy huffs. Isn't that what they are doing to Apple?

  • Charlie 11/11/2009 8:33:00 PM

    The market is Personal Computers. Not Macintoshes, not Premium Computers. So what if Apple wants to charge more. And folks buy them. Doesn't make what they are doing illegal. Also this is NOTHING like the cases against Microsoft. They were using their high share in the OS world to force their web browser and their media players on folks by making rules like an OEM had to install their products and only their products and making it impossible for the end user to uninstall their stuff or easily change defaults to use something else. If Apple was saying that you could only use Mail, Safari etc then you would have a 'same thing' case to talk about.

  • Luc 11/11/2009 8:03:00 PM

    This article is typical hack reporting. Let's make these two hometown boys look great and Apple look like big meanies. Point of fact, Apple has been ruled as NOT abusing anything by tying their hardware and software. AND they are the legal copyright holders on the GUI. Plus the tools to bypass the checks within the OS are illegal under the DMCA. Plus the lack of receipts to prove they bought and didn't steal the copies of the OS, the address changes etc doesn't help their rep. Having a tough life and a druggie Daddy doesn't change these facts or the fact that they are not heroes. Heroes would have been taking the Open Source parts of the OS that Apple can't restrict, making their own GUI and selling that. If they were so smart they could probably find a way to make it run Mac Compatible software. Heck if they really really were that smart they would find away to make it run both Mac and Windows software and put places like SmithMicro out of the game as well. And to make it worse, they flipped the finger at the folks that created EFI (which is how they can make the OS install on their systems) by selling something for which they didn't contribute any work. Tacky.

  • Trevor 11/11/2009 6:34:00 PM

    Hmmm, it would be interesting to see what would happen if someone tried to open a McDonald's outlet without a franchise licence. It's really the same, one licenses the use of the work built into the McDonald's name, logo, etc., just as one licenses the work in the Apple software. It's been the same for centuries: paying for the right to use something you did not do the work to create. That something is present in front of you is not a licence to use it. The same would be true of a diamond necklace on display. You might buy it, but you don't own its design. The design of the necklace (or of, say, a hoodie) belongs to the designer, not to the owner of the reproduction of that design. While a necklace or hoodie is physical (unlike than the code on a DVD. Note that one owns the physical DVD, but not the right to the code on it), one cannot simply decide that, because something is present, one has the right to use it any way one wants, unless the seller transfers that right to you as part of the sale.

 

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