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Psystar loses appeal to Apple on attempt to sell Mac clones

updated 04:05 pm EDT, Thu September 29, 2011

Psystar loses last shot at keeping clones

The US Ninth Circuit Court of Appeals on Wednesday rejected Psystar's appeal over its loss to Apple. The decision upheld an earlier verdict that the Florida PC builder was violating Apple's copyrights for Mac OS X through its promotions and violating the DMCA (Digital Millennium Copyright Act) through hacks that got Mac OS X to load on generic Intel hardware. Psystar's lone win was a right to public access of court records, denying Apple's request to seal them after the court procedure was finished.

Psystar tried to stand out among typical Windows PC builders in April 2008 by making Apple's OS an option alongside Windows and other choices. Apple quickly sued, but Psystar despite its size fought back. Most of its arguments were tenuous claims around the validity of Apple's end user agreements and licenses, including the odd claim that Apple had a monopoly over its own ecosystem.

The court didn't accept Psystar's view, noting that Apple was competing against Windows PC builders, not itself. Apple eventually won a permanent ban on the unauthorized use of Mac OS X at the end of 2009. A handful of other outfits tried to emulate Psystar's model but were shut down much faster as they didn't want to risk the court costs for a minor gain.

Apple's refusal to license its OS for clones during Steve Jobs' second tenure as CEO stemmed both from Jobs' view that Macs needed to be vertically integrated as well as what he saw happen during the mid 1990s. An attempt to license out clones to Motorola, Power Computing, and others nearly killed the company as these firms were often willing to sell their systems with much thinner profit margins than Apple, leading few to support Apple's core Mac business. [via CNET]

by MacNN Staff



  1. ggirton

    Joined: Dec 1969



    The end. Thank God.

  1. facebook_Colin

    Via Facebook

    Joined: Sep 2011



    In other news, Generalissimo Francisco Franco is still dead.

  1. xmattingly

    Joined: Dec 1969


    Morbid curiosity...

    These knuckleheads certainly deserved to be buried by litigation. Still... toward the end they tried to frame it as a David vs. Goliath battle, so I'm fairly curious how many sympathizers suckered themselves into donating to Psystar's legal fund.

  1. facebook_Jeffrey

    Via Facebook

    Joined: Nov 2011


    In other news....

    The world is still round.....who gives a sh*t about this p*ss-ant company? Maybe the 3 or 4 losers who actually were able to buy a Mac Clone? Why are you even running this dumba$$ story?

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