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Psystar files appeal against Apple win

updated 08:25 pm EST, Fri January 15, 2010

Psystar formally disputes Apple case

Documents published today have revealed that Psystar is formally appealing the permanent injunction Apple secured against it in court. Filed on Thursday, the request to the US Court of Appeals' Ninth Circuit challenges the ban on selling Mac clones, the summary judgment and protections surrounding the details of dispositive (settlement-related) motions in the case.

The move makes good on a promise by defense attorney K.A.D. Camara, who also filed the appeal, to contest the defeat in court this past December. Without the legal option of selling Mac clones or the Rebel EFI firmware needed to trick Mac OS X into installing on non-Apple PCs, Psystar has had little choice but to cease most of its main business and has taken to selling t-shirts protesting the loss.

Without the appeal, the Florida-based PC shop is otherwise faced with having to pay nearly $2.7 million in settlement damages to Apple for allegedly violating the Mac producer's license agreement, the Digital Millennium Copyright Act and other copyright-related issues. Before the injunction, it had tried to argue that Apple didn't have the right to dictate what computers could run Mac OS X and even tried unsuccessfully to countersue Apple with claims that it held an unfair monopoly over its own hardware.

Neither Apple nor Psystar has commented on the appeal.




by MacNN Staff

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Comments

  1. charlituna

    Joined: Dec 1969

    +14

    facepalm

    seriously. they lost. all this is going to do is lose again. costing them even more in legal fees etc.

    it's over, it's done. they need to give up. Apple is NOT a monopoly, Apple can legally tie, Rebel-EFI is a violation of the DMCA and the injunction. Psystar lose.

  1. Constable Odo

    Joined: Dec 1969

    +3

    Then they'd better starting printing up

    lots of Apple tablet T-shirts ahead of time. When the tablet becomes a hit, they could make some serious money.

  1. b9robot

    Joined: Dec 1969

    +12

    Psystar is done, they don't have any legal foot to

    Psystar is done, they don't have any legal foot to stand on. Wasting the courts time and it will just cost them more in legal fees. Apple's licensing is clear and Apple has the right to protect its intellectual property.
    OSX is OSX, doesn't matter what version, they all come with the same license.
    Your done Psystar!

  1. Mr. Strat

    Joined: Dec 1969

    +3

    f****** lawyers & a****** company

    What the f*** is it with these morons? YOU LOST! GO TRY TO CHEAT SOMEBODY ELSE!

  1. Bobfozz

    Joined: Dec 1969

    +10

    This is how the legal system fails us citizens...

    My daughter's husband won a lawsuit, after 7 years, after he was severely hurt in a lumber/hardware store when a sign fell from the ceiling of the warehouse and hit him. The company still hasn't paid because they appeal. Now they are making counter offers instead of paying. My daughter has incurred huge medical bills. But it drags on. I hope Apple smashes these thieves. The lawyer, not doubt, has little to lose but time and he can hope for a miracle. But, if he/she wins anything, will Pedraza pay? Don't bet on it... guys like him will hire another lawyer to sue the previous lawyer.

  1. Jittery Jimmy

    Joined: Dec 1969

    +5

    Cheap!

    I guess the calculus is:
    - Pay $2.7 million, or
    - Pay $100,000 in more legal fees, with a 5% chance that the $2.7 problem goes away.

    Appealing may not be a bad investment.

  1. Jonathan-Tanya

    Joined: Dec 1969

    -2

    Appealing is often a requirement

    It is often the case the only way to get justice is to appeal. Judges rule their little kingdoms that are their courts, and one side of the state may rule entirely differently than the other side of the state.

    They are appealing for only one reason, they hope to win on appeal. The facts haven't changed, but the judge of the facts will change.

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