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Apple, Psystar reach partial settlement

updated 10:00 am EST, Tue December 1, 2009

Psystar aims to continue selling computers

Apple and Psystar have agreed to a partial settlement in their long-running legal battle, court documents show. Following a judgment against Psystar, and an Apple call for a permanent injunction, Psystar has agreed to pay an unspecified amount in damages once all appeals have been exhausted. In return, Apple is said to be dropping all trademark, trade-dress and state law claims, removing the need to go to trial.

Psystar had previously been facing the prospect of paying at least $2.1 million in damages and closing its business for good. The company may now be able to continue selling PCs, even if Mac OS X can no longer be bundled; it has submitted a motion to exclude Rebel EFI from any injunction. Although the software can install Mac OS X on PCs in violation of Apple's licensing agreement, Psystar argues that Rebel is sold separately from computers, and does not contain any non-Psystar code.

People buying future PCs from Psystar would thus be required to install Mac OS X on their own. The company suggests however that by extension, the change would make customers immune to Apple legal threats. "Psystar's end users do not engage in commercial use of Mac OS X and their use would qualify as use for 'internal purposes' even under the standards articulated by Apple in its summary-judgment briefing," a filing reads.




by MacNN Staff

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  1. malax

    Joined: Dec 1969

    +1

    huh

    "Psystar's end users do not engage in commercial use of Mac OS X and their use would qualify as use for 'internal purposes' even under the standards articulated by Apple in its summary-judgment briefing,"

    So not a single Shyster computer will ever be purchased by a business or a professional doing real work? Maybe that could be their new slogan. "For when you want a Mac but don't want to get any work done."

  1. Foe Hammer

    Joined: Dec 1969

    +1

    Follow the $$$

    Exactly where is Psystar's $$$ coming from? Especially the $$$ to pay these (unspecified) damages?

  1. testudo

    Joined: Dec 1969

    +4

    Re: huh

    Most people buying their computers wouldn't buy them for 'work', as they would want to have support for all the times things go wrong. They're home computers. That would be easy to see.

    But I find all this strange. So after all the talk of Apple bringing this company to it's knees, they're still going to be selling computers, and selling computers that can run OS X?

  1. testudo

    Joined: Dec 1969

    0

    Oh

    Saw this on MacIntouch:

    The ruling seems to have focused entirely on the fact that Psystar was preloading Mac OS onto new computers from a common server. In other words, they were making copies for redistribution. The judge ruled that this remains illegal even if you give away a boxed copy of the product with your copy.

    So all this and it ends up just being caught doing what? Installing from a server copy? It's like that music service years ago that got killed not because people uploaded their CDs to the web for listening, but because they didn't actually upload the CD. They just verified they had the CD, and then they used a copy on the server.

    So what would have happened if they just did the install from the boxed copy, rather than a 'master' copy? That's an intriguing question indeed.

    And so much for Apple raining h***-fire down on cloners...

  1. dliup

    Joined: Dec 1969

    +1

    Psystar is screwed.

    "Continue to sell" is a false rumor.

    Court reveals Psystar owes Apple $2.6 million dollars. Unlikely that Psystar can pay it, thus they probably have to close and sell off its assets to pay the debt.

    Looks like someone missed the reason why Psystar lost. Long article:

    http://obamapacman.com/2009/11/court-declares-psystar-admitted-counterfeit-in-mac-os-x-copyright-infringement-case-apple-wins-summary-judgement-highlights/

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