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  • Court Shuts Down Psystar Forever


    In November, Apple asked a Federal judge to issue a permanent injunction against the rebel Mac clone maker Psystar, forbidding them from ever selling any computer bundled with Mac OS X. Yesterday, the California U.S. District Court responsible for ruling in the matter issued its decision in Apple's favor, essentially ending the seventeen-month-long legal battle.

    Specifically, Psystar has been prohibited from:
    1. Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff’s copyrighted Mac OS X software without authorization from the copyright holder;
    2. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff’s copyrighted Mac OS X software;
    3. Circumventing any technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
    4. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
    5. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.


    Observers note that the injunction does not specifically include the Rebel EFI software that Psystar has been selling to help users put OS X on machines themselves. Judge William Alsup said Alsup said he left that part vague because Psystar's statements to the court avoided explaining specifically what Rebel EFI does, and the judge decided he could not determine whether the program fell into the category of things Apple was asking him to restrict. However, he said Psystar's contention that they have a right to sell Rebel EFI probably would not hold up if tested in court.

    The injunction takes effect immediately, but Psystar has until December 31 at the latest to stop all of its sales operations. Alsup told the company, however, that it would be better if they would shut their doors within the hour if at all possible.
    This article was originally published in forum thread: Court Shuts Down Psystar Forever started by Paul Daniel Ash View original post