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  • Apple Asks Court to Shut Down Psystar Forever


    In the latest move in its ongoing - and so far extremely successful - legal efforts against Mac clone maker Psystar, Apple has asked a Federal judge to issue a permanent injunction against the company, forbidding it from ever selling any computer bundled with Mac OS X. Apple's Vice President Phil Schiller indicated in an affidavit that he wants an end to the long legal battle, saying "Apple should not be required to file a new lawsuit" every time they release a new version.

    Earlier this month, Apple won a major battle in the ongoing war when a judge ruled that Psystar had violated its rights to reproduce OS X and distribute it, and had created derivative works. In a filing with U.S. District Court Judge William Alsup on Monday, Apple claimed that they are entitled to a permanent judgment against Psystar under the U.S. Copyright Act and Digital Millennium Copyright Act. Apple says that if Psystar stays in business, it will cause "irreparable harm to Apple's business, brand and goodwill." It also says that Psystar has created a whole copyright-infringement cottage industry by "trafficking in circumvention devices," presumably a reference to the company's Rebel EFI alternative bootloader.

    Philip Schiller, Apple's senior vice president of Worldwide Product Marketing, filed an affidavit this week to try and get the judge to make a judgment putting Psystar out of business forever, ending the long legal battle that has been going on since the summer of last year.

    So long as Psystar continues these practices, the harm to Apple and its brand will continue. I believe Apple should not be required to file a new lawsuit to stop Psystar from infringing Apple's intellectual property each time Apple releases a new version of Mac OS X. Requiring Apple to file multiple lawsuits to stop the same infringing conduct would be unfair, expensive, and a waste of the Court's and the parties' resources.
    Apple also said that the amount of damages that the Florida corporation is capable of paying are inadequate. The filing alleges that Psystar's costs exceeded its revenues in both 2008 and 2009, and the value of its assets, according to its bankruptcy filings, are less than $50,000.

    image via ZDNet
    This article was originally published in forum thread: Apple Asks Court to Shut Down Psystar Forever started by Paul Daniel Ash View original post
    Comments 30 Comments
    1. snap1500's Avatar
      snap1500 -
      Quote Originally Posted by steve-z17 View Post
      Yeah but Apple's doing it legally and that's the difference! I'm sure if someone wanted to set something up with PC that would allow you to run Apple software on a PC that Apple might do it. As long as everything is done legally I'm sure Apple would love to make some more money Who knows though. Maybe I'll start hatin' on Windows and PC's but use their products and start calling PC users "PC Fanboys". Yeah!!
      There's already a company that make such thing. You would think apple would be happy to sell more OS because of this but they think differently. blah blah blah...blah blah...blah blah..something about "irreparable harm"..blah blah blah..."brand"....blah blah..."good will" I think they are afraid that if they let their OS out into "the wild", where the big boys roam, then people will realize how not rock-solid their OS really is. Crashes, errors, devices not compatable, errors...

      What's "good will"? i can't compute...
    1. cocoabean772's Avatar
      cocoabean772 -
      Quote Originally Posted by adp View Post
      If I bought something and made it better, of course I would keep it. But you don't get the point. They're making money off of it. It's like if I stole GeoHot's jailbreak, modified it's name and sold it. Although many people do this, it's not right.

      Jailbreaking is a different story. You're modifying Apple's FW, but you don't see me selling my own brand phones with it's FW now, do you?
      Someone is an Apple Fanboy
    1. adp's Avatar
      adp -
      Quote Originally Posted by cocoabean772 View Post
      Someone is an Apple Fanboy
      Lol it's funny how u guys pull the "fanboy" flag when you have nothing good to say. I only own the iPhone, so no I'm not a fanboy. If it was Microsoft being in that position I would do exaclt the same thing. If it was someone stealing my crap and make a profit out of it, I'd be pissed off. Whenever you guys move out of your parents house and start earning some money, you'll learn to appreciate it more. I could probably do some research and give you a couple of lawsuits in which MS has done the same exact thing. Oh no! Your highness MS does it too! And so do most of the big corporations. That's why we have patents. And that's why apple won this case. Just like your holy Microsoft did.
    1. PAKIS-RULEZ's Avatar
      PAKIS-RULEZ -
      i don't know y ppl buy mac to begin with!!! and whats so good about it then being ***... u can't run 80% of the win apps.... and if some one did sell the osx after BUYing it i don't see anything wrong in it... if you go by rule that u can't resell or redistribute what u bought. its like saying u can't sell your own stuff u have give it away for free.. and nothing in life is free.

      and someone will start production of max pcs again in another country where laws r not strict and shove apple's ***.. ppl who buy mac osx lps or pcs r lame ppl who dont' know computers period.. its not about virus... its to show off 1 then to say its easy to use... every one needs training one way or the other or do a self taught lesson to learn something. so learn a little windows. it will help ya lol and talking about virus... mac os now do have few virus its just matter of time when it will become popular.
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by PAKIS-RULEZ View Post
      i don't know y ppl buy mac to begin with!!! and whats so good about it then being ***... u can't run 80% of the win apps.... and if some one did sell the osx after BUYing it i don't see anything wrong in it... if you go by rule that u can't resell or redistribute what u bought. its like saying u can't sell your own stuff u have give it away for free.. and nothing in life is free.

      and someone will start production of max pcs again in another country where laws r not strict and shove apple's ***.. ppl who buy mac osx lps or pcs r lame ppl who dont' know computers period.. its not about virus... its to show off 1 then to say its easy to use... every one needs training one way or the other or do a self taught lesson to learn something. so learn a little windows. it will help ya lol and talking about virus... mac os now do have few virus its just matter of time when it will become popular.
      I wish I could say this was unexpected lol but I can't. Pakis-Rulez always displays negative comments toward members who like Apple. And with each one he gets cooler and cooler, because as we all know it's "cool" to hate on Apple....haha. It actually just makes me laugh cause it just proves what a hypocrite some ppl can be. I mean seriously why do you want to hate on something that other ppl enjoy? And at the same time own a product of that company? Some ppl really are just haters and it's sad, it's like they have nothing better to do. The world would be a lot better off if there weren't ppl out there that hate.. just to hate. Who cares if you don't like the way a Mac runs? That doesn't give you the right to hate it or try and put down other ppl and the things they enjoy. It's just so immature.
    1. adp's Avatar
      adp -
      Quote Originally Posted by steve-z17 View Post
      I wish I could say this was unexpected lol but I can't. Pakis-Rulez always displays negative comments toward members who like Apple. And with each one he gets cooler and cooler, because as we all know it's "cool" to hate on Apple....haha. It actually just makes me laugh cause it just proves what a hypocrite some ppl can be. I mean seriously why do you want to hate on something that other ppl enjoy? And at the same time own a product of that company? Some ppl really are just haters and it's sad, it's like they have nothing better to do. The world would be a lot better off if there weren't ppl out there that hate.. just to hate. Who cares if you don't like the way a Mac runs? That doesn't give you the right to hate it or try and put down other ppl and the things they enjoy. It's just so immature.
      They have no life; therefore register for a forum which discusses apple issues. Just to talk crap. And they can't even make rational points; just pull the "FANBOY!" flag and leave. Go get an HTC and see how much you like it.
    1. rhekt's Avatar
      rhekt -
      doesnt make it right people...im for apple on this one.
    1. hollow0's Avatar
      hollow0 -
      Quote Originally Posted by snap1500 View Post
      Big deal. Someone will start another company. Most likely in another country where it will be a bit harder for Apple to touch. It's like trying to stop pirated versions of Windows from going around. As long as people want it, people will do what they can to break it.



      You will thank pystar for doing this one day. Trust me. I think some of you out there know what i'm talking about.
      i already have a legitimate OS X running on my Mac with Windows 7 bootcamp...what could i possibly thank pystar for???
    1. snap1500's Avatar
      snap1500 -
      Quote Originally Posted by hollow0 View Post
      i already have a legitimate OS X running on my Mac with Windows 7 bootcamp...what could i possibly thank pystar for???
      poor you....you dont understand.
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by adp View Post
      They have no life; therefore register for a forum which discusses apple issues. Just to talk crap. And they can't even make rational points; just pull the "FANBOY!" flag and leave. Go get an HTC and see how much you like it.
      I agree, they should go get a phone running Android cause it would be so much better than the Apple iPhone that they own now...not only that but we wouldn't have to hear them complain about every little thing they dislike about the phone they chose to purchase....