Psystar finally gets the slam-down!

Discussion in 'Apple, Inc and Tech Industry' started by doug in albq, Nov 14, 2009.

  1. doug in albq Suspended

    doug in albq

    Joined:
    Oct 12, 2007
    #1
    http://www.groklaw.net/article.php?story=20091114101637997

    Apple Wins Like a Champ - Psystar is Toast -- What? You're Surprised?
    Saturday, November 14 2009 @ 10:45 AM EST

    Psystar just got what's coming to them in the California case. Here's the order [PDF]. It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal.

    Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse.

    There are still issues remaining for trial, despite Psystar's attempt to present everything now as being moot. Here's what's left to be decided at trial: Apple's allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition. See anything on that list that will be helpful to Psystar?

    So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast. Psystar's only hope now is Florida, and frankly I wouldn't bet the house on that one. Judges notice if you were just found guilty of a similar cause of action in another state.
     
  2. NC MacGuy macrumors 603

    NC MacGuy

    Joined:
    Feb 9, 2005
    Location:
    The good side of the grass.
    #2
    I guess that takes care of that.

    The read certainly looks like Apple could go after 80% of it's consumer users if it so chooses. F'n Apple.
     
  3. pdjudd macrumors 601

    Joined:
    Jun 19, 2007
    Location:
    Plymouth, MN
    #3
    Relax. Apple has no intentions to spend the massive amounts of money it takes to press charges against an individual to essentlally bankrupt them. That is the PR equivalant of shooting yourself in the foot. Apple had to stop Psystar becasue as a business, they can do more damage - PJ said it himself:

    Going after consumers is a zero sum game that just costs Apple money for no gain - it’s not going to stop Hackintoshing either. Yes theoretically they could just like the cops could theoretically stop every speeder or every jaywalker. The cops spend more resources going after bigger offenders. Thats what went on here. Apple was well within their rights and to no surprise, they exercised those rights.
     
  4. MorphingDragon macrumors 603

    MorphingDragon

    Joined:
    Mar 27, 2009
    Location:
    The World Inbetween
    #4
    Calm down man, its not like Apple is the RIAA or something.
     
  5. pdjudd macrumors 601

    Joined:
    Jun 19, 2007
    Location:
    Plymouth, MN
    #5
    I anticipate the complaints that the usual folks will bring forth when this hits page 1 will try to equate Apple with the RIAA, MPAA or what not. To those guys Apple is the big bully going after the little guy - and not the big bully has a nice new stick.

    Of course to the rest of us who actually pointed out the exact reasons why Pysytar was wrong and have been doing so for months, this is a big “told ya so!”. It isn’t over, but the big claims are decided, the ones that are left are ones that Apple is still sure to win based on this decision.
     

Share This Page