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  • Psystar's Apple Lawsuit Suffers Major Setback


    Psystar's ongoing legal battle against Apple may have been struck a mortal wound on Saturday with a ruling from the U.S. District Court. Judge William Alsup of the Northern District of California ruled that Psystar infringed Apple's copyright to the Mac OS X operating system, and violated the Digital Millennium Copyright Act by modifying the OS to run on non-Apple hardware.

    Rudy and Robert Pedraza went into business selling Mac OS X on non-Apple hardware. The Miami brothers won themselves notoriety by not only countersuing Apple after being sued by them for copyright infringement but also claiming that the hackintosh community doesn't know what they're doing. The company has tried every trick in the book - and many that are not - to keep their case alive, including releasing its own bootloader and filing bankruptcy (which didn't work).

    The defeat came after both companies had requested summary judgment, which, essentially, asks the judge for a flat up or down ruling and asserts that enough evidence has been produced to make or break the case. The judge not only found in Apple's favor, but said that Psystar had improperly pled its case.

    One of the key matters at issue was the argument made by Psystar that buying a copy of Mac OS X software makes you the owner of that software with the right to sell it so long as no additional copies are made. Apple's copyright agreement makes the person who pays for the software a licensee, not an owner, of the software, and so Apple's restrictions on how the software may be used still apply.

    Interestingly, a copyright expert who was cited by Psystar in its argument saw this approach (in a case defending a user who had resold Autodesk software on eBay) as an attack not only on copyright, but also on the whole idea of free and open source software (FOSS), which relies on agreements restricting how copies can be made.

    Indeed, while a ruling that a delivery of a copy of software is a sale of the copy would seriously injure the software industry, it would also eviscerate open-source software which, for many companies, involves delivery of copies subject to restrictions that allow its redistribution only under stated conditions.
    The open-source-oriented legal site Groklaw agreed with this take on the Psystar lawsuit, seeing it as "an attack on the GPL [the GNU Public License under which much open-source software such as Linux is provided] and on FOSS, using Apple as a smokescreen… hoping that the FOSS community wouldn't see what was happening until it was too late."

    While this is an enormous blow to Psystar's case, still more issues remain to be decided such as breach of contract and trademark infringement. A hearing is scheduled for December 14 on those matters.

    image via Swordmaker
    This article was originally published in forum thread: Psystar's Apple Lawsuit Suffers Major Setback started by Paul Daniel Ash View original post
    Comments 37 Comments
    1. matthew1111's Avatar
      matthew1111 -
      First!
      I'm sorry all you loval Apple customers,but I hope Psystar wins...they did buy the OSX after all, and maybe they can share the profits! haha
    1. smuggler's Avatar
      smuggler -
      damn that's saddening
    1. rhekt's Avatar
      rhekt -
      worthless? boy. harsh words.
    1. hitman10's Avatar
      hitman10 -
      I think that Apple is actually becoming the worst. So.. your saying that I spent $140 on leopard last year for a Dvd software that is not even mine? WTF. Am i the only one here noticing something wrong.? I am not impressed at all.
    1. Fall3N iZ DoWn's Avatar
      Fall3N iZ DoWn -
      That is such bull...

      If microsoft were to start selling windows only on their own computers they would get sued so damn fast. Yes rhekt, they are worthless(just like the touch would be if it wasn't jailbroken). Looks like it's time for me to get rid of my touch and get a zune and maybe an android.

      Once you buy something it IS YOURS to do whatever you want with it. Even sell it.

      By the way, I'm not a microsoft fan boy. I just hate the way apple does sh*t like this.
    1. n00neimp0rtant's Avatar
      n00neimp0rtant -
      Quote Originally Posted by hitman10 View Post
      I think that Apple is actually becoming the worst. So.. your saying that I spent $140 on leopard last year for a Dvd software that is not even mine? WTF. Am i the only one here noticing something wrong.? I am not impressed at all.
      Dude, restrictions like this have been around since the advent of computer technology. When I was big into PSP hacking, I decided to read through a little of the EULA. Guess what? I don't even own my PSP; by paying the $250, I was "leasing the rights to use" it. Companies implement these clauses so that when the time comes around that they want to do something about a situation, they can.
    1. bbillh77's Avatar
      bbillh77 -
      cant we all just get along
    1. ifonemaniac's Avatar
      ifonemaniac -
      Dont feed the trolls.


      Thank you,
      Mgmt
    1. adrian1480's Avatar
      adrian1480 -
      Quote Originally Posted by n00neimp0rtant View Post
      Dude, restrictions like this have been around since the advent of computer technology. When I was big into PSP hacking, I decided to read through a little of the EULA. Guess what? I don't even own my PSP; by paying the $250, I was "leasing the rights to use" it. Companies implement these clauses so that when the time comes around that they want to do something about a situation, they can.
      actually, they do it because they want more control, not so that they can "do something about a situation." the TRUTH is that the software, gaming, music, and video markets are in the same boat with copyrights and end user rights. they all want to legalese their way to us not actually owning things.

      the movie industry would like to see us never own a physical copy of a film again, rather turning our living rooms in to micro-movie theaters, where we pay for each time we watch a film. the gaming industry wants us to never be able to resell a game purchased because it eats into their profits. the music industry...well....remember the hot water Sony got into by shadow installing software on computers of people who popped audio CDs into their PCs? rootkits? the software scene is no different. if these industries had their way, there'd never be a physical copy of anything to buy. we're going to get there soon, sadly.

      it's what happens when profit is your core motivating force, rather than your customers desires. greed rather than creed.
    1. masterp0606's Avatar
      masterp0606 -
      I have to agree with you there adrian1480.
    1. eZStaR's Avatar
      eZStaR -
      Quote Originally Posted by Rota View Post
      Already posted in member news. What a joke of a case. Now buying software means you don't actually own it? Apple is such a worthless company. Once Android gets everything ironed out they'll be a thing of the past.
      Why are you on this site exactly?

      {Note: He has Jail Broken iPhone}

      "You have never made a worthwhile post on this site, ever. It's all troll troll troll, spam spam spam. Why don't you actually try to contribute something rather than be a useless annoyance?"


      All you have done on the site is comment other people's opinions.
      LOL. Flame more plz.
    1. plcrules's Avatar
      plcrules -
      You have never made a worthwhile post on this site, ever. It's all troll troll troll, spam spam spam. Why don't you actually try to contribute something rather than be a useless annoyance?
      Y so harsh?
    1. petterloco1's Avatar
      petterloco1 -
      i am not going to buy anything electronic related until they remove that rule because i want to own it no to lease it lol
    1. n00neimp0rtant's Avatar
      n00neimp0rtant -
      Quote Originally Posted by adrian1480 View Post
      actually, they do it because they want more control, not so that they can "do something about a situation."
      Well yeah, that's what I meant. They want to have that control, gripping down on us so as soon as we make a peep about something, it's "NOPE. NOPE. YOU DON'T OWN IT, IT'S OURS. YOU DO WITH IT WHAT WE LET YOU DO."
    1. hollow0's Avatar
      hollow0 -
      A lot of you are plain just ignorant and stupid. Buying an OS is not like buying a freaking car morons. Microsoft is the same way. You can't buy microsoft software and sell it...you own a license of the software and therefore can use it within your home/business based of the agreement which you had bought it under.

      Try reading the license agreement next time when you install something instead of just skipping through and clicking next. Don't blame Apple for everything. They're not the only ones who do this. It's business get used to it.

      This is an open and shut case! Use your common sense...if you even have any.

      Quote Originally Posted by Rota View Post
      You have never made a worthwhile post on this site, ever. It's all troll troll troll, spam spam spam. Why don't you actually try to contribute something rather than be a useless annoyance?
      Why don't you try using common sense instead of being ignorant. READ YOUR LICENSE AGREEMENTS ON EVERYTHING YOU INSTALL. IT'S NOT JUST APPLE THAT DOES THIS. MORONS

      Quote Originally Posted by adrian1480 View Post
      actually, they do it because they want more control, not so that they can "do something about a situation." the TRUTH is that the software, gaming, music, and video markets are in the same boat with copyrights and end user rights. they all want to legalese their way to us not actually owning things.

      the movie industry would like to see us never own a physical copy of a film again, rather turning our living rooms in to micro-movie theaters, where we pay for each time we watch a film. the gaming industry wants us to never be able to resell a game purchased because it eats into their profits. the music industry...well....remember the hot water Sony got into by shadow installing software on computers of people who popped audio CDs into their PCs? rootkits? the software scene is no different. if these industries had their way, there'd never be a physical copy of anything to buy. we're going to get there soon, sadly.

      it's what happens when profit is your core motivating force, rather than your customers desires. greed rather than creed.
      Thank you for posting something true and valuable about license agreements because that's how it is....instead of the usual it's all Apple's fault bandwagon.
    1. imnew2hu's Avatar
      imnew2hu -
      its a sad day for all if us...
      if you buy software it should be yours to due with it as you wish. sell it burn it throw it away whatever. im sry i think this is just apples way to own the show and its wrong.

      just my 2 cents.
    1. staterunner180's Avatar
      staterunner180 -
      This is just like iPhones and iPods, we bought the device, so we should be able to modify it and do whatever we please, since we paid for it.
    1. hancoma's Avatar
      hancoma -
      Again, as adrian1480 stated, this is not purely an Apple issue. Anyone that thinks so is dreadfully misguided.
      This is S.O.P. for all businesses that distribute software.
      Allow me to play devil's advocate.
      You have the license, and can use it...as stated in the clause.

      Do you think the Dev team and Geo would be able to not have their asses sued off if they modified the proprietary code for j/b and unlock? They exploit the code to put in new instructions.

      I do not think anyone that was in business would want their product modified from its original design and used in a manner that was taking business from them. No, don't compare it to a vehicle. They are not even close in comparison, are a physical consumer good, and lose value once they leave the lot. Software can be modified, changed, shared, and passed to millions of people in a matter of hours and can have long term effects overall on any business. Sorry, but your car is not going to do that.

      We may not like it, but we all signed the agreement...I for one will continue to jailbreak, copy dvd's, music, etc forever.

      Ok, let the beatings, whinings, name calling, and general kettle calling pot black continue.
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by Rota View Post
      Already posted in member news. What a joke of a case. Now buying software means you don't actually own it? Apple is such a worthless company. Once Android gets everything ironed out they'll be a thing of the past.
      Apple a thing of the past? HAHA! Like that would ever happen! The iPhone revolutionized the smartphone, there's no way the android is going to put that in the past lol. You should get one then no one has to hear you complain about a company who's phone you have. I think there's a word for that...
    1. mikerlx's Avatar
      mikerlx -
      Sounds like u guys need to take a deep breath and exhale. Relax. Next topic please.....