Apple has scored big in its long-standing legal battle against the Mac clone manufacturer, Psystar.
Business Week reports that a federal judge in San Francisco has ruled (via Groklaw) that Psystar violated Apple’s copyright as well as the Digital Millennium Copyright Act, and granted Apple’s motion for summary judgment while denying Psystar’s counterclaims.
"In sum, Psystar has violated Apple's exclusive reproduction right, distribution right, and right to create derivative works," said Judge William Alsup.
The ruling comes after more than a year of legal volleyball between Apple and Psystar and, while it represents a significant victory for Apple, the case is far from over. Apple has several other claims against Psystar, each outlined in an 18-page legal document filed in July 2008. These included copyright infringement and dilution of the Apple brand. The company also alleges breach of contract and trademark infringement.
A hearing on remedies is scheduled for Dec. 14.
Read the full story here. Check out our complete coverage of the Psystar case via the links below (chronological order, of course).
- Mac Clone Psystar Slams Steve Jobs
- Apple Sues Psystar
- Apple Files 10 Claims Against Psystar
- Psystar Attorney Beats Around Antitrust Bush
- Psystar Files Anti-trust Suit Against Apple
- Apple Throws Ball Back to Psystar, Asks Judge to Throw Out Anti-Trust Suit
- Apple and Psystar to Settle Differences Out of Court
- Psystar Mac Clones Coming With Blu-ray Bags of Hurt
- Psystar Claim Against Apple Slammed
- Psystar Ditches Antitrust in Favor of Copyright Abuse
- Psystar Says Apple EULA is BS
- Judge OKs Psystar's Countersuit Against Apple
- Apple/Psystar to have Confidentiality Agreement
- Psystar Debuts New, Sleek OS X Hackintosh
- Psystar Working on OS X Hackintosh Netbook?
- Mac Cloner Psystar Files for Bankruptcy
- Psystar Owes Apple a Mysterious $75,000
- Apple Punches Through Psystar's Ch. 11 Stay
- Psystar Back in the Fight Against Apple
- Psystar Sues Apple Over Snow Leopard
- Psystar Software Will Make Your PC Run OS X
BTW, Psystar has also pissed off a lot of the Open Source community for taking their work and 'repackaging' it in their systems (and charging for it).
All in all, Psystar is a class act.
BTW, Psystar has also pissed off a lot of the Open Source community for taking their work and 'repackaging' it in their systems (and charging for it).
All in all, Psystar is a class act.
Is that true? What license the hackintosh software is made available? If it is GNU GPL is not only ok, but it is encouraged to charge for providing service that compiles the software for users who don't know or don't want to compile the software them self. Only requirement is to provide access to source if the user requires. From GPL FAQs:
Yes. You can charge any fee you wish for distributing a copy of the program. If you distribute binaries by download, you must provide “equivalent access” to download the source—therefore, the fee to download source may not be greater than the fee to download the binary.
Does this mean if I buy any copy of Apple O/S X and install it on my on x86 hardware (non-MAC) will Apple sue me too? The Eula above didn't only state if I were to sell it too, it says, "installation".
This case isn't about that or the fact that the judge is based in San Francisco. It's about copyright protection and how far it does -- and should -- extend for software, as well as the "fair use doctrine" for digitally copied products. Read the legal decision from judge. You may learn something.
Only if you make fun of Steve Jobs wardrobe, black turtlenecks is so 1999... but in a more serious note this wasn't unexpected.
I think Psystar should just open source their code and then "leak" it to a torrent site. Then give everyone the chance to see what it is all about. Not to meantion screw Apple even more, that being said Psystar is probably toast after this.
well if you want to get technical then the linux community should sue apple for stealing their code. cause all apple is, is linux
Hurray for Apple they won to keep themselves locked in a corner and out of my world! no complaints here!!!
Who was funding Psystar this whole time?
When will Psystar lawyers get the Appeal turned in?
OS X uses the Mach kernel, not the Linux kernel.
Apple is based on FreeBSD and netBSD which is derived from Unix not Linux. OSX and Linux came from the same tree, neither one came from one or the other. Get your facts straight before you bag on stuff!
Could you imagine if I couldn't make rice squares and sell them because Kellogg told me I couldn't use their product for my own financial gain, cause I was cutting into their rice crispies treats profit? No they are not going to care, cause they already made their money when you bought the box. Apple should be lucky they sold licenses, that's money they didn't have before.