The simple secret to beating clones and copycats

Startups often rail against copycat companies, arguing that they steal their business and their ideas. But maybe the secret to beating clones isn’t to waste time trying to shut them down — it’s to accept them and focus on being bigger, better and faster.

Now Samwer Bros clone Fab and target European rollout

The team behind design sales site Fab.com was outraged to discover a U.K.-based rival that seems to mimic not only their business but also their look. But outrage may not be enough to stop Germany’s Samwer brothers from going big with their latest clone.

Apple Granted Permanent Injuction Against Psystar

Despite Apple and Psystar having discussed a potential settlement in their drawn-out battle, the agreement was dependent upon the outcome of Apple’s (s aapl) motion for a permanent injunction. Yesterday, the California U.S. District Court responsible for ruling in the matter issued its decision, and the outcome is not favorable for the Mac clone maker.

Apple, however, will be very pleased with the ruling. The court granted Apple’s request for a permanent injunction, barring future sales of any machines with OS X pre-installed. It also prohibits Psystar from trying to get around Apple’s technological countermeasures put in place to prevent illegal copying and use of OS X, and from helping others try to do so. Read More about Apple Granted Permanent Injuction Against Psystar

Apple Seeks to Shut Down Psystar for Good With Permanent Injunction

It’s been a long, drawn out legal battle, but Apple (s aapl) is clearly winning by almost all accounts, and it just filed for a motion that could end Psystar’s party permanently. On Monday, the company filed a claim for a permanent judgment against Psystar that would stop the clone maker from selling any products at all, under the U.S. Copyright Act and the DCMA (Digital Millennium Copyright Act).

In other words, if you desperately want that Open(7), you’d better place an order ASAP, because you might never get a chance again once the decision comes down. The complaint, is based on the premise that Psystar is now “trafficking in circumvention devices,” which is causing “unquantifiable” harm to Apple’s image. Read More about Apple Seeks to Shut Down Psystar for Good With Permanent Injunction

Psystar Declares Gutsiness With New Apple Clone

open3-osx4Apparently Psystar isn’t content to sit back and rest on their laurels (which consist primarily of being really good at making loud fan noise). Despite the ongoing legal battle between themselves and Apple (s aapl), they just released yet another addition to their line of Mac clones. The new machine, called the Open(3), is obviously meant to compete directly with Apple’s recently released Mac mini refresh.
And compete it does, when it comes to hardware specifications. The Open(3)’s base configuration includes a 2.8 GHz Core 2 Duo E7400 processor, 2GB DDR2 800 RAM, a 500GB 7200RPM SATA HD, and a GeForce 8400GS 256MB graphics card. All of which nicely one-ups the Mac mini’s specifications at the same price point of $599. Of course, you don’t get the same small form factor that you do with the mini, but you do get the ability to upgrade to a 1TB HD, add in an extra HD, and choose from a bevy of other options. Read More about Psystar Declares Gutsiness With New Apple Clone

Mac Clones: Where Does Apple Draw the Line?

With all the hoopla surrounding Psystar these days, a few other companies have jumped on board the Mac clone bandwagon. In some cases they’re using somewhat, shall we say, unique, methods. Still, the intent is clear: skirt Apple’s EULA and sell a solution that allows Mac OS X to run on generic PC hardware. In other words, swipe Apple’s IP.

Wired has a piece that discusses the cloning and how Apple may be powerless to stop it. 

What bothers me most about cloning is the sheer hutzpah of those doing it. For example: 

“We certainly don’t want to get into a legal battle that’s over a couple thousand dollars,” an EFIX USA spokesman said. “Potentially Apple could have a legal issue there. They may not have a legal issue, but with all the money they have they might try to make one.”

Apple could have a legal issue? Oh please. 
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Carbon Copy Cloner Makes Creating Bootable Backups Easy

One of the things I loved about the old Mac OS Classic was that to create a bootable disk, all you had to do was make a folder named System Folder, drag in System and Finder files and an Appearance Folder, then drag your bare-bones System Folder to a disk — hard drive, Zip, floppy, CD-R, etc — and voila! you were in business. Usually one would add a few more items like Control Panels and Extensions folders, Preferences and Fonts folders, but it was a simple, quick and not-too-dirty way to make bootable disks.
Alas, you can’t do that with OS X and its thousands of tiny, usually invisible files, but the next best thing is disk cloning, which is to make a copy of an existing bootable volume on another disk or drive. This is excellent for backups, but has the added advantage of allowing you to create bootable disks without going through the hassle of running an OS X installer program.
There are several software utilities available that can clone drives, but it’s hard to go wrong with Mike Bombich’s Carbon Copy Cloner, which is offered as uncrippled shareware, with donations suggested if you like the software and decide to continue using it once you’ve checked it out.
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Apple to Psystar: It is Over.

Now that Apple has gotten over the stress of selling the iPhone 3G, they have turned their attention to other matters that are not as pressing as the activation fiasco.

Apple sued Psystar on July 3rd (when everyone was too busy worrying about the iPhone launch) and asked that all the computers that Psystar has sold be recalled. It was not surprising to see Apple sue for damages from loss of sales, good name, etc., but it is surprising that they are requesting a recall of all computers sold.

Many people have pointed out that just because Apple’s EULA forbids putting OS X software on anything but an Apple, doesn’t mean that it is actually legally binding. This will be interesting to see if Apple’s EULA will stand up. They do lay out a pretty good claim in their filing. Apple claims that the success of their brand is largely due to the fact that they control everything. Yesterday Apple declined to have their case brought before a magistrate judge (a judge that helps and gets cases ready for a district judge) and requested that it be brought before a US District Judge.

Apple is intent on fighting their case. We’ll keep you updated as things progress.