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  • Apple Victorious Over Psystar Following Two Year Legal Battle


    After two long years in the legal system, a definitive victor appears to have been declared in the lengthy battle between Apple and Psystar.

    The U.S. Court of Appeals for the Ninth Circuit ruled in favor of Apple with Circuit Judge Mary Schroeder ruling that Psystar's Mac clones did, indeed, infringe upon the copyrights held by Apple. Consequently, the already effective ban on sales of Psystar's products will continue.

    It was way back in late 2009 when Apple was first awarded a permanent injunction against Psystar by the same court. Ever since, Psystar has been fighting back diligently with appeals and everything in its power to shift legal favor back in its court.

    Although many believed Apple's lawsuit would result in a swift slam-dunk for the Cupertino, California-based outfit, Psystar put up a valiant effort and gave Apple a legitimate run for its money. Specifically, Psystar did a laudable job of responding to Apple's lawsuit with a somewhat compelling argument that Apple was "misusing its Mac OS X copyright by requiring customers to only run the software on its own brand of computers."

    But alas, Judge Schroeder determined that the court's ruling in favor of Apple was "just." As a result, it now looks as though Psystar is out of options and may soon put up a permanent white flag following this bitter, protracted battle.


    Source: CNET
    This article was originally published in forum thread: Apple Victorious Over Psystar Following Two Year Legal Battle started by Michael Essany View original post
    Comments 12 Comments
    1. RICO_'s Avatar
      RICO_ -
      This took two years?
    1. tomto's Avatar
      tomto -
      Yeah wtf
    1. jackNjill's Avatar
      jackNjill -
      Quote Originally Posted by RICO_ View Post
      This took two years?
      Welcome to the American judicial system.
    1. RICO_'s Avatar
      RICO_ -
      People get Associates Degrees in two years but a court can't render a decision on ONE straight-forward case for two years?
    1. Poseidon79's Avatar
      Poseidon79 -
      Quote Originally Posted by RICO_ View Post
      People get Associates Degrees in two years but a court can't render a decision on ONE straight-forward case for two years?
      If you've ever been involved in any kind of legal dispute you'd know this is normal. Each side must gather evidence... present their case... make motions... ask for more time based on the opposing side's actions... re-scheduled hearings for weeks or months out at a time... appeals... etc.
    1. dsg's Avatar
      dsg -
      Psystar were never going to win, it would have been interesting if they had won though
    1. feidhlim1986's Avatar
      feidhlim1986 -
      Psystar could just sell the hardware and also sell copies of Mac OS X separately and not preinstalled on their "hackintosh" hardware.

      They'd be selling two products and not breaking any laws or EULAs. If the customer wants to install Mac OS X in this hardware that's the customer breaking the EULA and I'd love to see Apple try sue someone for installing software they have bought on hardware the have bought.
    1. Tomcat50's Avatar
      Tomcat50 -
      Really don't see how psystar were going to win. Should of just sold the computer with no software.
    1. RICO_'s Avatar
      RICO_ -
      Quote Originally Posted by Poseidon79 View Post
      If you've ever been involved in any kind of legal dispute you'd know this is normal. Each side must gather evidence... present their case... make motions... ask for more time based on the opposing side's actions... re-scheduled hearings for weeks or months out at a time... appeals... etc.
      Yes, but the majority of the evidence should be in the product itself....which should be easily obtained by a subpoena. Right? It's not like they have to go witness hunting and gather forensic and DNA evidence and results.

      This just doesn't seem like a case that should take two years. You look at the products spend a few days...maybe a couple of weeks hearing both sides and determining how they operate and what similarities and differences exist between them.....and bada bing bada boom......make a decision.

      Sounds like this case was just blown off and delayed into oblivion.
    1. dsg's Avatar
      dsg -
      there are so many gray areas in software and copyright law that could have made it go on longer
    1. wolverinemarky's Avatar
      wolverinemarky -
      Damn I wanted a hackintosh computer I was hoping they would have won. This sucks.
    1. creasy425's Avatar
      creasy425 -
      the 9th circuit always rules on the sides of major corporations. Thats why its the only circuit the NFL will go to whenever theres a labor dispute and the players try and sue the owners...Psystar should have tried a counter suit with the 8th circuit...