Apple v. Psystar Ping!
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Posted on 11/24/2009 11:21:10 AM PST by Swordmaker
Apple detailed what it wants out of Judge William Alsup's summary judgement in its case against Psystar for building and selling Mac clones without authorization: A permanent injunction blocking the PC maker from selling computers with any version of Mac OS X, and from distributing any products that help other people install Mac OS X on PCs.
Apple filed a lawsuit against Psystar in Northern California several months ago claiming the small PC maker was violating the Mac OS X end user license agreement, and that it was violating the Digital Millennium Copyright Act with the steps it used to install the Mac operating system on PCs. Psystar claimed that it should be allowed to build and sell PCs with Mac OS X pre-installed and that Apple is overstepping its bounds by blocking companies from selling Mac clones.
Both companies filed motions for Summary Judgement, and in the end Judge William Alsup ruled in favor of Apple and against Psystar.
"Psystar Corporation has built its business on infringing Apple Inc.'s copyrights and trademarks, free-riding on Apple's research and development efforts, and trading on Apple's hard-earned reputation for high quality, innovative and easy-to-use computers," Apple said in its court filing. "Psystar's appropriation of Apple's intellectual property and goodwill has been systematic and brazen, from the name of Psystar's 'OpenMac' computers to its deliberate pirating of Apple's Mac OS X."
Apple added that if Psystar isn't permanently blocked, the company will continue to sell hack Mac OS X and sell Mac clones.
Apple is specifically asking the court to prohibit Psystar from directly or contributing to the infringement of Apple's copyrights for Mac OS X, circumventing the protections measures in Mac OS X, possessing any devices that can circumvent the operating system's protection measures, and selling any devices or components that can aid in the process of circumventing the protection measures.
In other words, Apple is asking the court to block Psystar from hacking all versions of Mac OS X, and from building and selling its Rebel EFI product, too. Rebel EFI lets users install Mac OS X on any PC.
Since the case in Norther California started before the introduction of Mac OS X 10.6, or Snow Leopard, Psystar filed its own case against Apple in Florida after the new version of the operating system shipped.
Psystar has several days to prepare and file its response to Apple's motion. The PC maker will likely try to convince Judge Alsup that Snow Leopard shouldn't be included in any injunction in an effort to keeps its case against Apple alive in Florida.
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If the SCO case is any example, Apple will be on OSXIII by the time this ends. :-)
Rebel EFI does not work as advertised. I’m thinking Psystar is toast.
Surprised, are you? What do you think Psystar has for a Quality Assurance Acceptance Test facility? Somebody's kid brother, probably, trying it out for 5 minutes, and if it doesn't explode on startup, ship it!
> I’m thinking Psystar is toast.
Ummm, that would be about right. We're talking cinders here.
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