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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