Apple Asks Court to Shut Down Psystar Forever

[Paul Daniel Ash]

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

[ithug]

wow apple aint playing no more

[FURBY8704]

awwww boooo!!!!...Let us do what we want apple!!!

[adp]

awwww boooo!!!!...Let us do what we want apple!!!

Did you read the article? This has nothing to do with you - it's a company who used OS X on their built computers with no permission from Apple.

How would you like someone stealing a program which took you years to develop, and make money off of it?

[hollow0]

I'm for Apple on this one. Pystar should know better than to blatantly sell and modify their OS. It's an open and shut case and should be put out of business forever.

[snap1500]

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.

I'm for Apple on this one. Pystar should know better than to blatantly sell and modify their OS. It's an open and shut case and should be put out of business forever.

You will thank pystar for doing this one day. Trust me. I think some of you out there know what i'm talking about.

[zeroGsti]

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're right. All Psystar has to do is shut down and release it's practice on how to build their versions of Hackintosh PC's to the public for free. Upload Modified OS X versions on torrents and MIRC it will spread like wild fire. I'm not saying its the right thing to do, but as a long as people want it they will do whatever it takes to get it.

[Bluprint]

Did you read the article? This has nothing to do with you - it's a company who used OS X on their built computers with no permission from Apple.

How would you like someone stealing a program which took you years to develop, and make money off of it?

HOw is it stealing when they bought the OS idiot. Psystar didn't steal or modify the software, it wasn't reproduced, it was bought by the company for their product. All they did was build a PC that could run OS X with bluray. fan boys!

You will thank pystar for doing this one day. Trust me. I think some of you out there know what i'm talking about.

ofcourse, not many people want to buy expensive hardware for it's sexiness just so it could be obsolete within 4 or 5 years. Many professional users are happy that psystar did this, period.

[J_Marley]

Quote from above- "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."

I think you are a little misguided to the idea here. The company is taking copies of OSX and putting them on their computer and redistributing. If a PC company builds a computer, you have the license key or aerial that comes with that computer AUTHORIZED by Microsoft then making it legal. We aren't saying that people can't just pirate the software but a company cannot redistribute copywrittwn material without consent of the software company. That is what Apple is fighting here. Psystar has no rights to sell computers with the OSX because they have not been authorized to do so.

[snap1500]

Quote from above- "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."

I think you are a little misguided to the idea here. The company is taking copies of OSX and putting them on their computer and redistributing. If a PC company builds a computer, you have the license key or aerial that comes with that computer AUTHORIZED by Microsoft then making it legal. We aren't saying that people can't just pirate the software but a company cannot redistribute copywrittwn material without consent of the software company. That is what Apple is fighting here. Psystar has no rights to sell computers with the OSX because they have not been authorized to do so.

I understand that part. If youre not autorized, then you cant do it by law. The permnte injunction by the court will do little to stop such activity from continuing. When Psystar shuts down, another will pop up.

There is another company that sells a USB device so that you can install OSX on a PC without modifying the OS at all. I wonder if apple will go after them as well.

[adp]

HOw is it stealing when they bought the OS idiot. Psystar didn't steal or modify the software, it wasn't reproduced, it was bought by the company for their product. All they did was build a PC that could run OS X with bluray. fan boys!

How about you cool off kid? If the court ruled it illegal, then that's what it is. They used OS X for their own benefit and profit. If they modified OS X so it can run blue-ray, then they obviously took another company's OS and used it for their own. You don't seem to understand what happened here.

And quit it with the insults - the only Apple products I have are the iPhone and iPod (hence not a "fanboy"). But that doesn't mean I'm going to be completely biased against Apple (which you seem to be).

[FURBY8704]

How about you cool off kid? If the court ruled it illegal, then that's what it is. They used OS X for their own benefit and profit. If they modified OS X so it can run blue-ray, then they obviously took another company's OS and used it for their own. You don't seem to understand what happened here.

And quit it with the insults - the only Apple products I have are the iPhone and iPod (hence not a "fanboy"). But that doesn't mean I'm going to be completely biased against Apple (which you seem to be).

so youre saying that if you bought something and had a chance to make it better..you wouldnt??...just because apple doesnt want you to??...in that case you shouldnt jailbreak and stick to orignal FW

[adp]

so youre saying that if you bought something and had a chance to make it better..you wouldnt??...just because apple doesnt want you to??...in that case you shouldnt jailbreak and stick to orignal FW

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?

[FURBY8704]

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?

hmm im not sure...you might be selling some on ebay >;P

[steve-z17]

I'm glad Apple is trying to shut them down for good, they shouldn't be doing that. I mean I know Mac software is the sweetest and everyone wants to use it whether on a Mac or a PC, but not if it's illegal I love when ppl use the term "Mac or Apple Fanboy" it just shows what a hypocrite they are lol!

[adp]

I'm glad Apple is trying to shut them down for good, they shouldn't be doing that. I mean I know Mac software is the sweetest and everyone wants to use it whether on a Mac or a PC, but not if it's illegal I love when ppl use the term "Mac or Apple Fanboy" it just shows what a hypocrite they are lol!

LOL exactly! Why are you buying an Apple phone if you hate them so much. Go get an HTC.

hmm im not sure...you might be selling some on ebay >;P

right......

[nomad980]

Well we really can't just say get rid of them just cause they are making a profit out of it. People have been building their own machines to be used with osx for some time now. They just so happen to do the job so that others don't have to. Thats like me paying Dell money to build me a machine cause I am too lazy to go out and buy/build my own. I wish it wasn't necessary for me to have to buy a mac just to use the os, I so would just love to pop in the cd and install it on whatever i build with my own hands.

[FURBY8704]

right......

yupyup ;]

[stickman1000000]

yeh apple will probably win the case but i think its stupid that apple is suing. they dont let there os run on non apple hardware but they make windows run on there macs. wheres the fairness?

[hungquocle]

yeh apple will probably win the case but i think its stupid that apple is suing. they dont let there os run on non apple hardware but they make windows run on there macs. wheres the fairness?

agreed, apple fanboy(adp) lol,please........*!@#$*&((