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.