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Apple calls for permanent injunction against Psystar

updated 03:50 pm EST, Tue November 24, 2009

Motion includes Leopard, Snow Leopard

Following a recent legal victory, Apple is now calling for a permanent injunction against Psystar's operations. If granted the injunction would prevent Psystar from doing anything which might violate Apple copyrights, including bypassing controls in Mac OS X which prevent it from being freely installed on any Intel system. The company would similarly be banned from sharing the necessary decryption technology with others.

Notable in the Apple motion is an attempt to extend the injunction to Snow Leopard, which is currently being handled separately from the original Leopard complaint. The company is likewise planning to request a transfer of the Snow Leopard case from Florida to California, making matters simpler for Apple lawyers. Psystar is a comparatively small outfit based in Miami.

Beyond the injunction, Apple is also requesting compensation for legal costs, and statutory damages owed under the Copyright Act and the DMCA. Apple estimates that general copyright damages could run between $1,500 and $300,000, while DMCA damages could fall between $449,500 and $4,495,000. Either could potentially cripple Psystar's owners.

Apple notes that by Psystar's own admission, it was using the legal battle to attract venture capital funding, and scare off other rival cloners in order to gain a headstart. The company's marketing to potential investors mentions wanting to compete with Apple -- including in the educational market -- and ultimately control 7 percent of computer sales by 2011.

A dismissal motion has been filed however, which could bring matters to a close by December 21st. Trial dates have already been vacated.




by MacNN Staff

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Comments

  1. testudo

    Joined: Dec 1969

    -7

    No big deal

    Psystar goes out of business, and Ratsysp starts up. Selling computers running OS X. At low, low, low prices.

  1. DiabloConQueso

    Joined: Dec 1969

    0

    Re: No big deal

    Heh... that's funny. I mean funny as in absurd.

  1. PRoth

    Joined: Dec 1969

    +4

    Another deal

    Maybe Ratsysp starts up, but then there'll be legal precedent no?

  1. Geobunny

    Joined: Dec 1969

    +3

    What's that last sentence mean?

    What does "trial dates have already been vacated" mean? Does it mean the trial which was set for early next year has now been cancelled, or does it mean something else entirely?

  1. lamewing

    Joined: Dec 1969

    -3

    Or Psystar could...

    Or they could say "to h*** with it" if they are sent into bankruptcy and just seed their code all over the internet ... singing nya nya all the way to the bankruptcy court.

  1. MacMan2000

    Joined: Dec 1969

    +1

    Finally

    vacated means done with , and if they do post any of the code they have (and apple knows what it is) apple can go after them for money and assests.

  1. dozx

    Joined: Dec 1969

    0

    This is the best part.........

    This is the best part......... where Apple puts their shoe on the side of psystar's face as they lay helpless on the pavement, pulls out a shotgun and places it on their head and pulls the trigger, putting an end to their ridiculous existence.......

  1. GeneralDMac

    Joined: Dec 1969

    +4

    re: This is the best part.........

    Good one, dozx! Could you add Testicles, uh, I mean Testudo as well? I'd love to see him eat a mouthful of Apple's boot. Ha ha!

  1. Mr. Strat

    Joined: Dec 1969

    0

    Shut 'em down & put 'em away

    I'm all for getting rid of these scum. I think dozx has the right idea. Kick 'em when they're down, and then throw their sorry asses in the dungheap where they belong.

  1. dozx

    Joined: Dec 1969

    +6

    they were a joke

    They weren't doing anything to help anyone except themselves. All this "we are doing this to give people more choices and better prices" was bull. They were only doing this to make money off the hard work of another company without permission to do so.

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