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Apple Wins Judgement Against Psystar for Mac OS X Copyright Infringement
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At least we shall know quick if it'll end...
from the signature page.
from the signature page.
Code:
With respect to relief, formal briefing is appropriate, so:
Apple’s opening November 23, 2009;
Psystar’s opposition November 30, 2009; and
Apple’s reply December 7, 2009.
A hearing will be held on December 14, 2009, at 8 a.m.
IT IS SO ORDERED.
Dated: November 13, 2009.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
Yeah, I saw that on Gizmodo. http://gizmodo.com/5414314/psystar-is-crazy-in-every-way
It just lends more credence to those who say that there must be some really deep pockets somewhere behind Psystar.
Let's just say they actually sold 1,000 units at an average price of US$1,000, that's only total revenue of US$1M. Even with astronomical (Apple-like
) margins, they just can't have enough money in the bank to take on a real legal battle like this without outside help.And they are still at it. Insane!
B
Yeah, I saw that on Gizmodo. http://gizmodo.com/5414314/psystar-is-crazy-in-every-way
It just lends more credence to those who say that there must be some really deep pockets somewhere behind Psystar.
Let's just say they actually sold 1,000 units at an average price of US$1,000, that's only total revenue of US$1M. Even with astronomical (Apple-like
And they are still at it. Insane!
B
Who says it's been a real legal battle? They even forgot to plead things. Probably cheap contingency lawyers.
Even cheap contingency lawyers ultimately want to get paid and you just can't get much from a company with $1M revenue. Where's the $$$ upside if Psystar were somehow to win this? Mega bucks damages from Apple? Unlikely at best.
B
The upside would be that psystar would suddenly be worth actual money since they'd be allowed to sell their crappy clones.
No one has been stopping them to date and they have sold <1000 of them.
Apple sells somewhere around 3 million Mac desktops total per year. (I'm excluding laptops, since Psystar's main niche is the missing xMac). Yet, somehow Psystar apparently expected to be able to sell 12 million clones by 2011. The numbers just don't add up!
If they win, there would also not be anything stopping anyone else from competing with them and selling Mac clones.
B
Given their legal woes, a lot of folks have been staying away from them. They also haven't been able to take advantage of various non-direct sales channels because no one wants a part of them absent legal legitimacy.
And it's over. Mostly. Terms should become public real soon now.
http://gizmodo.com/5416054/psystar-and-apple-reach-partial-settlement
Trial not expected, Psystar apparently putting all their eggs in the Rebel EFI basket. i.e. even tinier revenue possibilities at $50/per.
B
http://gizmodo.com/5416054/psystar-and-apple-reach-partial-settlement
Trial not expected, Psystar apparently putting all their eggs in the Rebel EFI basket. i.e. even tinier revenue possibilities at $50/per.
B
It should be noted that this is just a partial settlement - according to AI:
Emphasis mine. There are still a couple of issues left from what I understand - one of them being breach of contract, but this may cover that too. Also of note:
I don't know if the courts or Apple (most importantly) will agree to those terms - my guess is that Apple sees Rebel EFI as the same kind of infringement allowance - in that Psystar is selling a product that exists purely to violate Apple's copyrights regardless of any actual actions made by Psystar. Why Apple would allow this to be sold when they have the upper hand is beyond me.
ETA: I guess we will find out later today. One way or another, this essentially kills Psystar as a company.
Emphasis mine. There are still a couple of issues left from what I understand - one of them being breach of contract, but this may cover that too. Also of note:
I don't know if the courts or Apple (most importantly) will agree to those terms - my guess is that Apple sees Rebel EFI as the same kind of infringement allowance - in that Psystar is selling a product that exists purely to violate Apple's copyrights regardless of any actual actions made by Psystar. Why Apple would allow this to be sold when they have the upper hand is beyond me.
ETA: I guess we will find out later today. One way or another, this essentially kills Psystar as a company.
Groklaw reports on the outcome of the Apple vs. Psystar case filed on Friday. According to the court documents, Apple's motion for summary judgment on copyright infringement and DMCA violation is granted.Psystar and Apple have been in legal battle after Psystar began selling Mac clones back in April. Psystar provided modified versions of Mac OS X to run on the generic PC hardware. Apple filed suit in July.
Article Link: Apple Wins Judgement Against Psystar for Mac OS X Copyright Infringement
I like how you spelled judgment wrong.
OS X dictionary says it is a variant spelling and is perfectly okay. Judgment or Judgement, whichever you prefer is fine.
Not to mention, lawyers almost always spell it "judgment" (in the U.S., at least). Google "summary judgement" - other than lay articles on the subject, you'll see it's always "summary judgment."