Tag - Psystar
Apple encountered its one and only setback in its court victory over Psystar Tuesday after Judge William Alsup ruled that it couldn't keep secret details about how Mac OS X worked. Apple couldn't order sealed documents about the boot-up checks to verify Mac OS X, its integrity checks, and its heat sensor management. Apple tried to argue that information it hadn't confirmed itself still had to be secret to avoid , but Alsup countered that trade secret laws couldn't be used simply to avoid confirmation of details already available in books and published code.
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.
After some silence, Mac clone producer Quo Computer today revealed plans for a high-end workstation to take on the Mac Pro. The maxQ2 tower will use a Core i7 overclocked to 3.6GHz through the use of an officially endorsed Asetek 550LC liquid cooling system. Most other parts are high-end and chosen to work smoothly in Mac OS X, such as the stock GeForce GTX 285 as well as 12GB of RAM, a 240GB solid-state drive for a boot disk and a 1TB secondary hard drive.
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.
One of Psystar's attorneys acted quickly to quiet reports that the company was closing down with a statement Saturday. Camara & Sibley LLP co-founder K.A.D. Camara claims that fellow attorney Eugene Action (and by extension Psystar head Rudy Pedraza) was "misquoted" and that the Mac clone producer is coming back after a break. As of Saturday evening, the Psystar site had come back online after a day's hiatus, but only the company's Rebel EFI software was listed, suggesting the company has honored its agreement to stop selling Mac clones.
(Updated with countering statement) Mac clone builder Psystar on Friday said it was shutting down. The Florida-based company's president Rudy Pedraza said the shutdown would take effect "immediately." All eight employees of the small company have been dismissed, and the company's website is no longer functioning.
The US District Court for the Northern District of California has entered a final judgment granting Apple's motion for permanent injunction against Psystar. The decision effectively bans the clone maker from continuing to infringe on the Mac OS X copyrights, including manufacturing and distribution of non-Apple computers with the Mac operating system pre-installed.
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.
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.
Following a recent legal victory, Apple is now calling for a permanent injunction against Psystar's operations. If granted the injunction would prevent Psystar from doing anything which might violate Apple copyrights, including bypassing controls in Mac OS X which prevent it from being freely installed on any Intel system. The company would similarly be banned from sharing the necessary decryption technology with others.