April 17, 2008 10:40 AM PDT

Psystar violated terms of merchant services agreement

The payment-processing merchant for Mac clone maker Psystar abruptly ended its relationship with the company Wednesday after it discovered what was for sale on Psystar's site.

Powerpay refused to process any more transactions for the Open Computer after learning what it was.

(Credit: Psystar)

Powerpay had been the payment processor for Psystar's online store until Wednesday, when it yanked its services from Psystar's Web site. That move sent the store offline for several hours midday Wednesday, halting sales of Psystar's Open Computer, which comes preinstalled with Mac OS X Leopard in violation of Apple's licensing agreement for its operating system.

Psystar posted a statement on its Web site Thursday explaining the downtime. "Midday yesterday our store was not receiving any orders. This was due to the fact that our merchant gateway, Powerpay, dropped the ball on us and refused to process any more transactions from our company."

Louisa Deluca, vice president of loss prevention for Powerpay, said on Thursday that her company dropped Psystar because it violated the terms of its agreement with Powerpay. She declined to cite specific violations, but said "there are plenty of reasons why we shut the account off. We did not know that's what he was selling, we learned that yesterday."

Psystar has since switched merchant services providers to PayPal, who processed my transaction with the company on Wednesday. A PayPal representative did not immediately return a call seeking comment on that company's policies regarding sales of goods such as the Open Computer.

Psystar is still under siege from the press. A gentleman answering the phone Thursday morning directed all inquires to a press e-mail alias, and if I receive a response from the company, I'll let you know.

UPDATED 11:30am - I managed to obtain the cell phone number for Rudy Pedraza, who appears to be the owner of Psystar. A polite gentleman who answered the phone said that he was not Rudy, but confirmed the number belonged to Rudy. He took a message for Rudy, and promised to have him call back. Right. Holding breath.

The company also attempted to explain the elusive nature of its home address in Southern Florida in a statement posted on their site Thursday. Psystar's address has changed no less than three times in three days since the story exploded on Monday.

"We're in the process of moving to a new location which is now listed on our contact page," the company said in the statement. "The first new address posted (10481) was in error and our correct address is 10475 NW 28th Street. Psystar was, prior to this past week, not ready to handle the enormous production capacity demanded by the online community. Due to the incredible response we have now expanded to a larger commercial unit to handle the supplies and assembly of Open Computers."

Meanwhile, a News.com reader passed along an e-mail from a colleague who had alerted him to Psystar's existence on April 6, a week before the Psystar story blew up on Sunday night and Monday morning. That's the first instance I've heard of somebody who was aware of the Open Computer prior to Sunday evening, but if other people were aware of its existence earlier this month or year, please send me an e-mail or leave a comment below.

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Add a Comment (Log in or register) 98 comments (Page 1 of 3)
Hhahha this is hilarious.
by hunter_jc April 17, 2008 12:32 PM PDT
This is just like Idiocracy. Anything now is 'news'. Someone does something stupid is headline news. Anyway has anything 'proof' of something can just tip and it will be reported as facts.
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Apple?
by chuckjuhl April 17, 2008 12:50 PM PDT
I wonder if Apple was somehow involved in having their Merchant Service terminated. Apple has along history of pressuring ISP's, hosting services, the press and suppliers to intimidate "threats." Ironic that everyone is ganging up on these guiys. I'm old enough to recall that Jobs was selling Apple I's in Popular Electronics and at computer trade shows when Apple Computer, Inc. was nothing more than four guys working out of a garage - with no inventory, but a lot of hype - basically selling "vaporware" in the beginning. And Dell computer? Micheal Dell started marketing and selling IBM clones from his College Dorm room in Austin, Texas - he couldn't even afford a garage in the beginning - his limited capital going to marketing - ads in newpapers and magazines. Then of course there's Google - they started in business in a borrowed garage. So what is with the witch hunt over a small startup making Mac clones? Miuchael Dell was lionized for starting out almost exactly the same way when he challenged the IBM PC with his clones. Jobs and Woz have bragged quite often over the years how they got Apple off of the ground with some good salemanship and little else. Even Microsoft - I purchased my first product from them (tinybasic) when they were nothing more than a sign over a small space in a strip mall in Albuquerque, New Mexico. They could not even process credit cards then - check or money order only. So again, what is with this witch hunt?
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I always said
by McPlot April 17, 2008 12:51 PM PDT
that Apple hardware is overpriced. Now that they use PC parts (admit it Mac Fanboys) it proves my case. Anyhow, if you want one of these "Open" Mac's you better get one fast. You know Apple is going to throw down lawsuits left and right over this. People say Microsoft is all about money, but they never looked really close at Apple. Apple's greed is the reason PC's are mainstream. (see the 1980's)
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Down with Apple!
by humanssssss April 17, 2008 1:03 PM PDT
Apple is overpriced. Steve Jobs is a criminal. They guy backdated stock option to benefit him. The culture of Apple is about lying, cheating, and overcharging consumers. Psystar, stick it to Apple! You have first sale right. Boycott Powerpay! I don't think the company is worthy of any merchants business.
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Serves them right
by gman5541 April 17, 2008 1:26 PM PDT
I hate to say this, but Psystar needs to stop trying to sell these Mac clones. I know Apple charges an arm and a leg for their computers, but come on. Even if Apple stops harrassing them, it's not worth the buy and if Apple doesn't want to license their OS, then it's their right just as it's your right to buy their stuff or not.
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Where is Psystar getting OS X?
by ittesi259 April 17, 2008 1:45 PM PDT
We know Apple doesn't license it, so there is no OEM or wholesale distributor to go through...so are they going somewhere and buying retail copies of the OS? If thats the case, Apple could have grounds to go for ToS violations for each individual copy. So I would like some research done by this good investigative reporter on where the software is coming from....and is anything like iLife being put in it as well? It would be really funny if we found out these were being preloaded with the Leopard restore DVD's that come with iMacs...can anyone say OS and many app violations?
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Apple's EULA is illegal and NOONE should pay attention to it!
by Dalmatian28 April 17, 2008 4:26 PM PDT
Everyone knows that you are NOT allowed to bundle software and hardware together because of the fer competition laws. Apple believes that they are above that law! I have suggestion for Steve Jobs....use your EULA in the morning instead of toilet paper! Microsoft couldn't bundle hardware or software because courts in Europe and etc. Imagine if Microsoft was allowed to bundle everything that they produce or what they would like to produce(hardware) ...they would be making killing! It seems like most of the Apple customers don't get it that companies like Psystar will actually help bring Apple's prices down and and they will be one benefiting directly. If Apple was fighting for survival and it was going in bankruptcy...I would be more sensitive! The Economy sucks right now and they still are making killing on their hardware regardless how painful it is for their customers. If the Apple don't care abut the customers...why should you care about the Apple! ps. "Never get attached to any company, they are in it to make money and you are just a "object" that they will use to accomplish their goal!" In this case, it is OK to be more selfish!
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If it sounds too good to be true.....
by Norseman April 17, 2008 4:56 PM PDT
etc., etc., etc.
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Apple and OSX....
by linadragon April 17, 2008 5:19 PM PDT
While i dont like the fact that OSX is closed to mac hardware (for the most part without hacks of some sort...) I dont think its right for Psystar to sell products that are just hacked versions of OSX... On the other hand though Apple really should open OSX up to the public so that others can use it. The hardware to run a mac on is overpriced and you dont have many options... Not to mention the fact that they adopted ATI/AMD Graphics cards on all but the mac pro.... Apple is very closed in their offerings as far as what their software can run on.... While Windows can run on a much broader spectrum of hardware... (Linux obviously supports a broader spectrum so long as there are drivers but yeah...) I wont say OSX is bad or good in terms of performance... Just that the GUI much like Vista's is flawed (but then any GUI that takes up VRAM is really...) I think in some ways its good to keep OSX closed (they need to support less and it has less problems because of that..) I think the problem is that people are forced to either A hack the OS (violating the EULA) or buy a Mac both of which arnt really favorable. Hopefully things open up more at some point... If i recall Apple tried to open up more earlier but they didnt have enough market share and it failed (this was before OSX and i think it was the powerpc days or some junk i forget..) Anyways.... It's a bit shocking since alot of people get in trouble for limiting Consumer choice!!!
Reply to this comment
they don't sell to troglodytes?
by robertbeverly April 17, 2008 6:13 PM PDT
Actually, they messed up in the 80's and got many people, myself included, mad at them. But their desktop environment is now so much better than Windows that they can gain market share just by word of mouth. If they have 6% now they will probably have 8% a year from now. I should know, since I swore I would never breathe in the same room as an Apple.
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