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.