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Apple Scores Big in Case Against Psystar

By - Source: Tom's Hardware US | B 38 comments

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).

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  • 13 Hide
    Spanky Deluxe , November 16, 2009 3:22 PM
    Great news. Whether you like Apple or not, they took the work of both Apple and the Open Source x86 hackintosh community and used it to their own financial gain without obtaining any kind of licensing from Apple and without giving anything back to the Open Source community.
  • 10 Hide
    STravis , November 16, 2009 3:10 PM
    I think the only surprise here is that it took so long.

    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.
Other Comments
  • 10 Hide
    STravis , November 16, 2009 3:10 PM
    I think the only surprise here is that it took so long.

    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.
  • 13 Hide
    Spanky Deluxe , November 16, 2009 3:22 PM
    Great news. Whether you like Apple or not, they took the work of both Apple and the Open Source x86 hackintosh community and used it to their own financial gain without obtaining any kind of licensing from Apple and without giving anything back to the Open Source community.
  • 0 Hide
    socrates047 , November 16, 2009 3:25 PM
    its just stupid, cause i think pystar had no chance of going against apple. This is because just the legal fees will rob psystar of all of its money. Apple has a lot of money that they can use to fight in the court. That is just how it is, Individuals and or small companies have no chance of winning against big companies
  • 0 Hide
    SAL-e , November 16, 2009 3:35 PM
    stravisPsystar 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)

    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:
    Quote:
    Does the GPL allow me to charge a fee for downloading the program from my site?

    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.

  • 2 Hide
    Regulas , November 16, 2009 3:35 PM
    Apple is based in San Francisco and Paystar is in Florida but the ruling was from a hack judge from San Francisco, imagine that! Enough said.
  • 0 Hide
    sunflier , November 16, 2009 3:43 PM
    Quote:
    Basically Alsup ruled that the Mac OS End User License Agreement (EULA) is both legal and valid and ruled that installation of the OS on non-Apple hardware is not allowable.
    (Quoted from another website)

    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".
  • 0 Hide
    robwright , November 16, 2009 3:58 PM
    socrates047its just stupid, cause i think pystar had no chance of going against apple. This is because just the legal fees will rob psystar of all of its money. Apple has a lot of money that they can use to fight in the court. That is just how it is, Individuals and or small companies have no chance of winning against big companies


    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.
  • 1 Hide
    Parrdacc , November 16, 2009 4:12 PM
    Really no surprise here. Did anyone really think Apple would not win this one?
  • 1 Hide
    tester24 , November 16, 2009 4:24 PM
    sunflier(Quoted from another website)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".


    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.
  • -3 Hide
    njkid3 , November 16, 2009 4:31 PM
    VidGameKingHa!!!!! Bitches!!!!! Take that you code stealing scum bags!!! Vindication!!!!! Vindication!!!!!


    well if you want to get technical then the linux community should sue apple for stealing their code. cause all apple is, is linux
  • -3 Hide
    reddragon72 , November 16, 2009 4:40 PM
    I'm glad that Apple won, keeps there crappy software from hitting mainstream and corrupting everyones way of life. who the Fruck wants to run that crap anyways?!?! unless you want your life to be totally controlled by someone else, and don't like variety and choices(again see the first one) then get away from Apple crap. you want freedom and mainstream, go linux or MS, yes MS sucks, but hey there is a reason that hackers and virus creators choose to hit that platform the most, it is mainstream and it just works not great but it works. I run both of those and need no more then that.

    Hurray for Apple they won to keep themselves locked in a corner and out of my world! no complaints here!!!
  • 2 Hide
    Honis , November 16, 2009 4:46 PM
    Now the questions are,
    Who was funding Psystar this whole time?
    When will Psystar lawyers get the Appeal turned in?
  • 3 Hide
    Uncle Meat , November 16, 2009 4:46 PM
    njkid3well if you want to get technical then the linux community should sue apple for stealing their code. cause all apple is, is linux


    OS X uses the Mach kernel, not the Linux kernel.
  • 2 Hide
    christop , November 16, 2009 4:51 PM
    RUN Psystar!!!! You got an apple on your back!!!!
  • 7 Hide
    reddragon72 , November 16, 2009 4:52 PM
    njkid3well if you want to get technical then the linux community should sue apple for stealing their code. cause all apple is, is linux


    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!
  • 1 Hide
    wildwell , November 16, 2009 5:18 PM
    Well, score one for Apple... until the appeal.
  • 0 Hide
    Glorian , November 16, 2009 5:28 PM
    If I buy something I should be able to do what ever the hell I want to do with it after, but I should also understand that I can get no support or void any warranty that came with that product.

    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.
  • -2 Hide
    falchard , November 16, 2009 5:36 PM
    Apple is infringing on the Unix License agreement. I was hoping Psystar would win.
  • -3 Hide
    ram1009 , November 16, 2009 5:38 PM
    yawn!!
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