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Psystar Mac clone opens Apple's can of worms

Opinion and Analysis

In the past week, there has been an eerie silence about a certain issue from 1 Infinite Loop Cupertino, Apple headquarters. A tiny upstart system builder from Miami called Psystar is boldly taking orders over the net for Mac clones - Intel PCs modified to run the latest version of Mac OS X. A can of worms has been opened and the question is what is Apple going to do?

Some media sites have reported that Psystar is a dubious company with no real fixed address and could even be a credit card scammer. However, the latest news is that Psystar is real; its premises are real; and it is already in the process of delivering its first orders.

Reports that Apple initially shut down Psystar's website were wrong. Apple is a powerful company but shutting down a website requires a court injunction, of which there have been no reports. Psystar's website went down because it couldn't handle the monstrous spike in traffic when news of its existence broke. And this is the interesting bit for Apple - the demand for Mac clones is demonstrably huge.

Apple and its legendary co-founder Steve Jobs have repeatedly let it be known in no uncertain terms that the idea of Mac clones in anathema to them. So why hasn't Apple already bombarded Psystar with a legal barrage of writs and demands to cease and desist?

After all, Psystar is not only making PC hardware that uses a software hack to by-pass the Mac Trusted Platform Module (TPM) chip. The Miami system builder is also offering to help buyers install a legitimately purchased copy of Mac OS X Leopard on their new Psystar Open PC box.

Apple's inactivity to date could be merely a case of the hardware giant gathering its legal forces to slap Psystar down so hard that it presents an example to anyone else who dares to challenge the might of Cupertino. On the other hand, it could be a case that Apple knows that its legal position is not as strong as some may believe and it has now been forced into an area where it wishes it didn't have to go.