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Macs, clones, and license agreements

As you may know by now, a company known as Psystar has announced they're selling Mac "clones" for $549, complete with Leopard pre-installed. From a legal perspective, these machines clearly violate Apple's OS X 10.5 end user license agreement (EULA). If you're so inclined, you can find a full copy of all of Apple's EULAs on this page--the 10.5 EULA is a 2.1MB download. The relevant portion of the EULA is section two, part A:

This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.

Seems pretty black and white, doesn't it? Use OS X in this manner, and you're violating the EULA. So how can a company like Psystar hope to stay in business, given this legal transgression that's key to their business model? Wired offers up some legal opinions on how they may be able to survive--basically, violating an EULA isn't in nearly the same class of legal violation as is violating copyright or patent law. A breach of contract suit won't prevent Psystar from selling their clones, and probably wouldn't even serve as a financial deterrent: as one attorney notes in the Wired article, "the maximum damage Apple would be able to claim is the price of Leopard -- actually, the OEM (original equipment manufacturer) price of Leopard, which might be a few dollars." Another attorney comments that EULAs are problematic in court, as they've vague by nature. He says, "Companies make them as broad as possible but there's no way to basically enforce them. It's a scare tactic, a way to say, hey, we're reserving all these rights."

The Wired article is a good read, and notes that Apple's best defense may be in technology, not the courts--future system updates may render cloned systems unusable, which will certainly cut down on Psystar's ability to attract and retain customers. So that's what the experts think. From where I sit, over in the "just barely passed the required business law class" section of the room, here's my take on why I don't think it'd be wise of Apple to bring their EULA into the court system.
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A picture 30 years in the making…

My use of personal computers began back in 1978 or so with a Commodore Pet. While it was an interesting machine to play around with, it didn't really grab my interest completely. That happened when my father brought home an Apple ][ in 1978. As I recall it now, it took but a few days for me to realize that this machine was really something special. From that point forward, there's been an Apple ][ family machine, or a Mac, in my household basically ever since (with only a couple years' exception, when I worked for IBM). Given my history with the machines and company, I was thrilled today when I finally got the chance to meet one of my heroes in person...

wozniak

When I sat down in the speaker's lounge this morning to finish up the slides for my presentation, Steve Wozniak was there, sitting at the same table as I, doing the same thing--finishing his notes for a talk he was about to give. Sitting next to him was an Apple employee I know from elsewhere, so I asked her if he'd have time for a quick picture when he finished his notes. After getting the OK, I introduced myself, and (corny, I know) thanked him for inventing a machine that basically changed the course of computing--as well as having a tremendous positive impact on my life. In person, Steve struck me as friendly and outgoing, and he chatted with the folks at the table for a bit before heading off for his talk.

So, thank you Steve Wozniak, for the chance to say hello and for taking the time to snap a quick picture with me. I know you must get sick of the requests, but you were gracious and friendly about the whole thing.



Don’t break my third-party iPhone apps

Macworld logoDear Apple:

Please ignore my prior request regarding opening up the iPhone for third-party development. At the time I wrote that request, I was convinced that some Apple-approved method of running true third-party applications (and not just nicely-formatted Ajax Web pages) was a key missing feature in the iPhone's capabilities. Well, I've had my iPhone for a couple months now, and I've changed my mind: Don't worry about coming up with a third-party iPhone SDK. Really. Just pretend I never wrote that piece.

Instead, I have a new request. Just do nothing at all regarding third-party application development on the iPhone. Nothing to encourage it, and most importantly, nothing to discourage it, prevent it, shut it down, or otherwise stop it from happening. Thank you.

So why would I (fictitiously, of course) write the above letter to Apple? Is it because I no longer feel third-party applications are important to the iPhone? No, that's not it at all. Is it because nicely-formatted Ajax Web pages really do get the job done? No, that's not it either. So why am I no longer concerned about Apple providing an official third-party SDK? Quite simply, I'm not concerned because a number of very bright, talented, and motivated individuals have managed to actually do the job themselves, without any help from Apple.

Read my Macworld blog entry, Don't break my third-party iPhone apps, for the rest of the story...



The Great iPhone Price Drop Uprising of 2007

Macworld logoAs probably everyone other than Bill Gates probably heard, Apple dropped the price of the iPhone by $200 yesterday. And, very shockingly to me, this somehow upset a number of those who bought iPhones back in June. Over on the Macworld forums, I've been involved in some interesting discussions on the matter. Basically, my position is as follows:

  • Nobody was kidnapped, dragged to an Apple Store, and forced to spend $599 on an iPhone. Everyone who bought on June 29th did so freely of their own will. (Note that I'm a possible exception to that statement, as I was asked to stand in line by my employer. But since it was their money, I didn't really mind.)
  • Whenever you buy any piece of technology, it is a known fact that it will get faster, smaller, more feature laden, and cheaper in the future. Knowing this, I have always treated a technology purchase as a pure sunk cost--whatever you pay, whenever you pay it, it's gone. If the item's price changes in the near future, oh well. I made my decision, I have the piece of technology, and I don't really care if it's cheaper.
  • People are claiming the "value" of their iPhone took a $200 hit yesterday. There's only one way I see that as a true statement: if the user was planning on selling their iPhone on eBay today. However, since we're all on two-year contracts, I don't see that as a big market at the moment. So if you were going to keep your iPhone and continue to use it, your phone's value is unchanged: it's just as important to you today as it was yesterday.

So basically, I'm amazed at the number of complaints over this issue. In one of the forum threads, I asked those who felt this was an issue to explain what they would have done had Apple announced a $200 price increase instead of a drop. Would they have all rushed out to their mailbox to drop a check in the mail for Apple? Not surprisingly, it seems that wasn't a popular suggestion. People want something for nothing, basically.

You've probably also read by now that Apple has decided to grant a $100 store credit to all those who bought iPhones prior to the price drop. Hopefully this will silence the criticism, but I doubt it since it leaves $100 "missing" from the pockets of those who are complaining. From my seat, though, Apple didn't have to do this at all. When you choose to buy something, you're basically fulfilling a contract with the product supplier: I agree to give you this much money, and you agree to give me the product. Anything that happens after that (outside of normal "price protection" windows, which are not 60+ days in length) is just something that happens.

Anyway, am I all wet in my thinking? This demand for a credit due to a price drop seems unprecedented to me; nobody complained when iPod Photos plummeted $200 a few short months after their introduction. Why is the iPhone different?



Three things I don’t understand about Apple’s moves

Macworld logoAfter Tuesday's announcements from Apple, I walked away both impressed and confused. The new iMac, with the possible exception of the glossy screen—more on that below—seems to be a solid design, and, at up to 2.8GHz, it should be screaming fast as well. iLife and iWork both look like solid upgrades, and I’m anxious to spend some time with Numbers, Keynote, iPhoto, the remade iMovie, and the rest of the collection. So much for the “impressed” side.

The "confused" side is curious about three decisions Apple has made regarding the following items...

Read my Macworld blog entry, Three things I don't understand about Apple's moves, for the rest of the story...



My Apple event wishlist

Macworld logoBy now, you've probably read that Apple's holding a "Mac-related" presentation on Tuesday at 10 a.m. Pacific. You may have also read the predictions that we'll see a new iMac introduced at that meeting.

The prediction makes sense—the iMac is currently the "gray beard" of the Apple lineup, an aging-if-dependable workhorse that's made its way into many homes as the first Mac in the household. So predicting that Apple has chosen to upgrade this machine, and swath it in aluminum to match the mini, MacBook Pro, and Mac Pro, is about as risky as predicting that Paris Hilton will make tabloid headlines or that George Steinbrenner will rant about his Yankees' poor performance at some point during the season.

Read my Macworld blog entry, My Apple event wishlist, for the rest of the story...



How to upgrade the Apple TV’s hard drive

Back in March, I purchased one of the original 40GB Apple TV units, and put it to use in our living room on the big screen TV. It worked fine, but 40GB was just too confining--between music and photos, I had over 40GB of data, not even counting movies or other video stuff. As a result, if I wanted access to everything from the Apple TV, I had to make sure the Mac Pro was awake to stream more content to the Apple TV. This got old fast, so I finally forced myself to upgrade the hard drive in the Apple TV today.

Overall, the process was relatively simple. I'm going to document the steps here, just in case the article I relied upon vanishes in the future. If you're going to undertake this project yourself, you'll need the following:

  • Towel: to place the top side of the Apple TV onto after you've opened it.
  • Torx screwdrivers: sizes 8 and 10, needed to open the case and release the hard drive.
  • 2.5" ATA laptop hard drive: Make sure it's not a SATA drive; I went with this 120GB Fujitsu, though I bought mine at Fry's.
  • 2.5" external drive enclosure: I bought this unit at the local PC Club store. I wanted a FireWire case, not just USB2, as I've never been impressed with USB2 speeds on OS X. Now that I'm done with the project, the Apple TV's old 40GB drive is living in the enclosure.

The rest of the process is documented below; read on and modify at your own risk!
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An odd thing happened today…

Macworld logoAnd that odd thing is this: I'm now an iPhone owner. As of yesterday, I had no plans to be anywhere near an Apple or AT&T store today. But that all changed when Macworld asked me to stand in line, buy a phone, and then mail to the corporate office--they wanted to make sure they had several phones in hand for review next week.

iphoneI detailed my camp-out experiences in this blog entry on macworld.com, along with this afternoon update.

Shortly after that last update was published is when my day got really surprising: Macworld asked me to buy two phones, but just send one in their direction--I was to keep one and use it myself, replacing my Treo. Wow. I was quite surprised, to say the least. You see, I didn't even really want a first-generation iPhone; it's missing many things that I'm used to on the Treo. But I guess now I get to see if that's really true, and to write about just how well, or not well, the iPhone works for me. As I have time with the iPhone, my write ups--covering the good and bad of the experience--will appear on Macworld's new iPhone Central pages (and probably on macworld.com, too).

The iPhone is now activated, and it's busy synching all my content. I'll post links here to anything that winds up on Macworld, in case you're contemplating an iPhone of your own.



WWDC 2007 Keynote images

I took a bunch of pictures of the keynote yesterday--our press seats weren't the greates, as we were about 50 or 60 rows back and well off to the left. The room was quite dark, and I was shooting from our seats without a tripod. I used my new Nikon D40X with a 70/300mm zoom, with the camera (mostly) left in automatic mode (but with the flash disabled). Despite the long zoom and dark room, some of the shots actually came out halfway decent--a testament to the vibration reduction technology in the lens!

Here's the gallery, and these are definitely unedited pictures--the only requirement for inclusion was "not too blurry to understand." Feel free to borrow for your own uses if you wish--just ask me if you want a non-watermarked version.

Today I've been working on other stuff most of the day and haven't actually made it to any sessions yet, but that changes in 30 minutes or so as I sit through something that's probably way over my head! :)



Vacuous Vista versioning

Macworld logoWhile thinking about the upcoming release of 10.5, aka Leopard, I realized that Apple has yet one more advantage over Microsoft: simpler choices for the consumer who is contemplating an OS purchase. I compared Vista and OS X versions in this May Editor's Notes writeup on Macworld. As a friend noted, it's almost like Microsoft is making it hard to purchase Vista, given the differing versions one must choose between.