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Comment Retail, OEM, or upgrade? (Score 1, Interesting) 1084

The big question here is what kind of product the boxed version of Mac OS X really is.

- Upgrade -
Given that one may officially only install the product on "an Apple-labeled computer", and every Mac comes preinstalled with OS X, a case could be made that the boxed version is really an upgrade. This is however hard to defend as the AppleTV is an Apple-labeled computer and runs a version of OS X, but it would be illegal to run Mac OS X on an AppleTV.

- OEM -
When you buy a boxed Mac OS X, you can only install it on Macs that meet the requirements. Support through Apple is minimal, you're expected to have bought AppleCare for your computer, which then gets you OS support as well. This could pass for some form of OEM deal.

- Retail -
Retail, ie. "buy the product, and do with it as you please" seems like the least plausible option. There is only one Mac OS X Leopard Client, and for most customers it costs $129. This is way less from what Microsoft charges for their full featured 64-bits Vista retail version. Has Apple ever been known for their bargains?

I think Psystar might be mistaking the boxed version for a retail version. In the unlikely case that the win the case however, I can see Apple creating a full retail version and an upgrade version, with the full retail version being > $1000, so that it won't make any sense for Psystar to sell the systems anymore.
The Courts

Psystar Will Countersue Apple 1084

An anonymous reader sends us to CNet for news that Apple clone maker Pystar plans to countersue Apple. We discussed Apple's suit last month. "Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anticompetitive business practices. Miami-based Psystar... will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple's tying of the Mac OS to Apple-labeled hardware is 'an anticompetitive restraint of trade,' according to [an] attorney... Psystar is requesting that the court find Apple's EULA void, and is asking for unspecified damages."

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