Joined: 20th Mar 2009
Quote:Few weeks ago wee at Macciti.com informed you about the on going struggle between Mac clone sellers, Psystar and Apple. At the time Psystar had agree to pay Apple a large sum of money ($2.7 million to be exact) and to discontinue selling their computers with Mac Os X already installed on them. A few days later,Psystar , the resilient company they are, decided to still sell their computers but without Apples operating system being already installed,hopeing people would still buy their cheaper clones and then obtain Apples operating system from somewhere else. Well, Apple and U.S. District Judge WilliamAlsup didn’t like that idea either.
The order passed down by Judge Alsup on Wednesday bars Psystar from distributing computers with pre-installed modified copies of Mac OS X, or in any way aiding or abetting anyone else to do so. Despite Psystar’s attempt to have Snow Leopard and its Rebel EFI software left out of any injunction in earlier proceeding, Judge Alsup also included all future versions of Mac OS X as covered by the injunction, and warned Psystar that if it continues to sell Rebel EFI, it does so at its “own peril.” The injunction instead gives Psystar until the end of the year to cease all activity related to copying and distributing any version of Mac OS X, or enabling others to violate Apple’s copyrights on Mac OS X. Specifically, the issue of whether or not RebelEFI violates the terms of the injunction was left open for a future contempt proceeding should Apple choose to file a claim. Judge Alsup made it clear that “Psystar will be selling Rebel EFI at its peril, and risks finding itself held in contempt if its new venture falls within the scope of the injunction.”
Specifically, the injunction bars Psystar from doing any of the following:
* Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff’s copyrighted Mac OS X software without authorization from the copyright holder
* Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff’s copyrighted Mac OS X software;
* Circumventing any technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers
* Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computer
* Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.
As many suspect Psystar will try to appeal the decision, but Judge Alsup has warned that compliance as soon as possible would be in their best interest. By looking at Psystar’s website they took those words to heart.
Seems that they are in trouble...again. Meh, they ripped of Rebel from Empire and started selling it.
(This post was last modified: 17/12/2009 08:32 PM by Joomy.)