Apple Wins Permanent Injunction Against Psystar

[MacRumors]

On Tuesday, Apple won a permanent injunction against Psystar following summary judgement in favor of Apple's claims of copyright infringement and violation of the DMCA. (court document PDF). The court orders that Psystar is now prevented from the following:

1. Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff’s copyrighted Mac OS X software without authorization from the copyright holder;
2. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff’s copyrighted Mac OS X software;
3. Circumventing any technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
4. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
5. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.

Psystar must come into compliance by December 31, 2009 at the latest and take the quickest path to compliance. It seems this order marks the end of Psystar as well as the hope of any other company from following in their footsteps.

Article Link: Apple Wins Permanent Injunction Against Psystar

 

[*LTD*]

An obvious ruling. Totally expected.

Alsup said he did so because Psystar's statements to the court avoided saying specifically what Rebel EFI does

More evasive BS chicanery from Psystar. These fools will go to any length to waste everyone's time.

"Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict," Alsup said. "What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself in contempt if its new venture falls within the scope of the injunction."

Good enough, for now, but it just prolongs this fiasco. it seems the Revel EFI issue isn't quite decided yet because Psystar evidently withheld information about it.

 

[movieator]

Finally.... Our long, national nightmare is over.

 

[Creative One]

It will be interesting to find out who the financial backers were. When will we find this out?

 

[djgamble]

Finally.... Our long, national nightmare is over.

Will this stop them? They always seem to find an outlet and keep selling their junk rather than listening to the courts...

Surely such behaviour should get them in more trouble?

 

[Some_Big_Spoon]

I still want to know the backstory on Psystar. Yes, I read the articles on them, 2 brothers, or whatever, but their strategy doesn't make sense. It was obvious all along that they would lose, so what was the motivation?

It can't have been to sell clones; maybe to bilk investors out of money, hence their wildly inflated sales projects? Maybe it was just publicity, like white House crashers and balloon boy? Whatever happened to Apple's contention that there was someone behind the curtain funding them, a' la' SCO?

There's more to this.

 

[satcomer]

It will be interesting to find out who the financial backers were. When will we find this out?

I would also like to know! However I bet the next thing that is coming is bankruptcy coming the Psystar.

 

[djgamble]

It will be interesting to find out who the financial backers were. When will we find this out?

No idea 'ay? They had millions though... enough to mount some pretty high-level court cases across multiple states, and also to keep manufacturing, marketing and presumably selling machines (despite not making a cent from their company.)

My guess is that somebody must have helped them...

 

[synth3tik]

this is bull ****. Anything above preventing pystar from selling computers with OS X installed is overkill and really IMO is a misuse of civil law.

 

[justaregularjoe]

I have been hating on Psystar ever since i found out that they were using work pulled straight from insanelyMac's (FREE) community and selling it.

Not to mention the fact that I gave up on hackintosh a long while ago... hence the sig 😀

 

[djgamble]

I would also like to know! However I bet the next thing that is coming is bankruptcy coming the Psystar.

They tried that before, but bankruptcy required Psystar to reveal all of its backers, so somehow it reversed out of bankruptcy.

 

[movieator]

Will this stop them? They always seem to find an outlet and keep selling their junk rather than listening to the courts...

Surely such behaviour should get them in more trouble?

Well, who knows?
If the one thing Psystar proved, it was that they don't seem to care in those regards.

They may very well rear their ugly head again. Either as themselves or as some other entity.

I am in agreement with some others here, as I'd be curious to know who was really behind this all as it appears they didn't have any issues coming up with funding.

Something smells fishy.

 

[Michael73]

Psystar is like a bad girlfriend who doesn't take "no" for an answer and won't go away even after the judge issued a restraining order and said it's not allowed within 500 miles of Mac OS X. 😡

 

[CleverClock]

deleted

 

[slotcarbob]

A loss for all of us

Well, hate to rain on this parade, but I am not glad at this outcome. I have nothing against Apple. I am a Mac consultant and troubleshooter. Never owned anything but a Mac, and probably never will. I never saw this as a threat to Apple at all. What I did see was Apple telling us what to do with a software that we "rent" from them. This is just a longer line of stink from the first time LLC's were allowed, to the late 19th century ruling that corporations are "people".

 

[*LTD*]

Well, hate to rain on this parade, but I am not glad at this outcome. I have nothing against Apple. I am a Mac consultant and troubleshooter. Never owned anything but a Mac, and probably never will.

Oh, then that makes your complete dismissal of Apple's IP rights under the law ok. *Phew*, for a second there I was worried.

Oh wait, you don't support anyone's IP rights under the law, and you never did.

 

[quagmire]

Well, hate to rain on this parade, but I am not glad at this outcome. I have nothing against Apple. I am a Mac consultant and troubleshooter. Never owned anything but a Mac, and probably never will. I never saw this as a threat to Apple at all. What I did see was Apple telling us what to do with a software that we "rent" from them. This is just a longer line of stink from the first time LLC's were allowed, to the late 19th century ruling that corporations are "people".

You defeated yourself. As you pointed out, you buy a "rent" OS X( which in the case of a OS, you buy a license). Just like when you rent a movie or something, you agree to the terms and conditions of the rental place. When you buy Mac OS X, you bought a license and agreed to Apple's terms of use.

 

[mdriftmeyer]

this is bull ****. Anything above preventing pystar from selling computers with OS X installed is overkill and really IMO is a misuse of civil law.

Need a tissue?

 

[Unique Visuals]

The beginning of the end.... maybe sorta kinda. Time will tell.
Im glad Pystar lost.

As someone thats had physical property as well as IP and two of 5 patents stolen. ( is now/was manufactured overseas now and not worth the cost of getting them back) I have also have had copyrights infringed upon. I applaud the judges decision.

I hate thieves and those that profit off of others time and ideas.

 

[rorschach]

What I did see was Apple telling us what to do with a software that we "rent" from them.

How many individual users has Apple sued for making a "Hackintosh"? They aren't going after you or Joe Geek, they're going after companies that try to market and sell this stuff.

Do want you want in your own home, Apple isn't stopping you and will never know. Actually Apple is extremely lenient with OS X...no DRM, no activation, no serial numbers, no checks when you pay the cheaper "Upgrade" price instead of the full version.

 

[Byrnes3969]

Too bad for the Apple Community

Another crushing win for Apple's iSue dept.

So ironic that Apple will sue anyone it can to protect its intellectual property yet its foundation is built on stolen Atari technology.

Sad what it's become.

 

[diamond.g]

The beginning of the end.... maybe sorta kinda. Time will tell.
Im glad Pystar lost.

As someone thats had physical property as well as IP and two of 5 patents stolen. ( is now/was manufactured overseas now and not worth the cost of getting them back) I have also have had copyrights infringed upon. I applaud the judges decision.

I hate thieves and those that profit off of others time and ideas.

Out of curiosity do you side with Apple or Nokia in their lawsuit.

 

[zackkitzmiller]

Isn't It Obvious?

Isn't it obvious who the backer was? It was Steve Jobs.

He needed to created a fake company and use that company to create new law that favors him, in the unlikely case that someone started to sell Mac clones.

 

[aucl]

It will be interesting to find out who the financial backers were. When will we find this out?

i would bet one of the big ones, HP, DELL, Acer, ..., to try if they can do it,...

 

[*LTD*]

Another crushing win for Apple's iSue dept.

So ironic that Apple will sue anyone it can to protect its intellectual property yet its foundation is built on stolen Atari technology.

Sad what it's become.

I'm dying to know how Psystar helped the Apple community.