updated 10:10 am EST, Wed December 2, 2009
Settlement value revealed to be $2.68 million
Psystar has put a halt to sales of Mac clones, the company's website indicates. All Open Computers are now listed as "out of stock;" the only product still available is the Rebel EFI installation utility, which is quoted as free, but only on a trial basis. PCs with Snow Leopard installed were still available for a brief period after the announcement of a partial legal settlement with Apple.
It has meanwhile been disclosed that although Psystar will be allowed to continue running, the terms of the settlement include a $2.68 million payout, higher than the $2.1 million previously anticipated. Payments are being deferred until after a motion at the Ninth Circuit Court of Appeals, which has yet to be filed. "We think that Judge Alsup got it wrong," says attorney K.A.D. Camera, who nevertheless describes the settlement as "extremely favorable" given Apple concessions. These include the deferment, the continued operation of Psystar and an end to all legal actions.
"We're conceding nothing," Camera adds, defending the fact that Psystar has agreed to the stipulations on five out of 11 charges. The other six charges have been withdrawn by Apple, which has reserved the option to reintroduce them later. Psystar is continuing with a separate countersuit, accusing Apple of antitrust violations in chaining Snow Leopard to Macs; Apple has petitioned to have the case moved from Florida to California, a move which Camera says Psystar will fight.