Psystar Halts Sales of Mac Clones, Plans Legal Appeal

MacRumors

macrumors bot
Original poster
Apr 12, 2001
47,547
9,363


Computerworld notes that unauthorized Mac clone manufacturer Psystar has stopped offering its line of PC hardware with Mac OS X preinstalled in the wake of a settlement agreement with Apple. All models are currently listed as "Out of Stock" on the company's website, although it continues to offer its Rebel EFI software solution to enable customers to install Mac OS X on their own, marking a shift in its business tactics in response to Apple's legal challenges.

Psystar has not given up its fight, however, as it has vowed to appeal a federal court judge's ruling in favor of Apple in its copyright infringement suit against Psystar. Under the terms of the $2.7 million settlement, Psystar is not required to make financial payments until all appeals have been heard.
"We will take the case up with the Ninth Circuit," said Psystar's chief attorney K.A.D. Camera of the Houston firm Camera & Sibley LLP. In an interview late Tuesday, Camera said Psystar will file an appeal with the U.S. Court of Appeals for the Ninth Circuit over a Nov. 13 summary judgment by federal Judge William Alsup, who said Psystar violated Apple's copyright as well as the Digital Millennium Copyright Act (DMCA) when it installed Apple's operating system on the clones it sells.

"We think that Judge Alsup got it wrong," said Camera. "The effect [of the settlement] is to allow the case to be heard by the Ninth Circuit," he continued, and characterized the settlement as "extremely favorable" to Psystar.
While the current case in California centers on Psystar's inclusion of Mac OS X Leopard on its systems, a second lawsuit is also pending in Florida, where Psystar has claimed that Apple is in violation of antitrust laws by limiting use of Mac OS X Snow Leopard to Apple hardware. That case is unaffected by the recent decision in the original California case or by the settlement agreement between the two companies.

Still pending in the California case is Apple's request for a permanent injunction that would formally prevent Psystar from offering Mac OS X on non-Apple hardware. The court will hear arguments on that request on December 14th and will then decide whether to grant the injunction, and if so, whether it will extend only to systems with Leopard pre-installed or whether to include Snow Leopard-based systems and even Psystar's standalone Rebel EFI software.

Article Link: Psystar Halts Sales of Mac Clones, Plans Legal Appeal
 

alphaod

macrumors Core
Feb 9, 2008
22,167
1,212
NYC
Psystar die off already.

Apple can do whatever they want with their OS. We're lucky Snow Leopard isn't sold in embedded form.
 

elhungarian

macrumors 6502
Aug 13, 2009
286
39
Wirelessly posted (BlackBerry9530/4.7.0.109 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/105)

So how can psystar afford more potential law suits when they have only sold 768 machines?
2.7 million $ and 768 machines. Hmm..
 

mattwolfmatt

macrumors 65816
Jun 7, 2008
1,025
28
Is anyone else sick of reading about this stuff? (I know, I know, yet I still found the time to read it and click on the "comment")

I don't make the decisions, but I'd like to see this kind of stuff on page 2. Or 14.
 

rdowns

macrumors Penryn
Jul 11, 2003
27,400
12,510
Forgetting all their legal troubles with Apple, you'd think these guys would just throw in he towel already. With sales of only 768 machines, seems the public has spoken and have little interest in ac clones. The fact that they are still here says (to me) that they are being backed by someone else.
 

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
"We think that Judge Alsup got it wrong,"

Priceless.

These fools are under some serious delusions.
 

wunderboy

macrumors member
Sep 12, 2008
53
1
I must be stupid because I don't see it. I thought that this country was based on creative people making something unique and then making money from that. They can choose to sell it or make some kind of distribution agreement. Clones have been done before and Apple choose to go a different route...that is their prerogative in my humble opinion. They sure didn't leave as many businesses in the lurch as our Government Motors did.

I bet that if they would have just sold the machines with rebel efi on it, Apple wouldn't have bothered...since Psystar was being creative. Apple, could of course, put hooks into their software to make it very difficult for Psystar's work around to function. Look at the Pre and iTunes.

In the end...the lawyers win on both sides. What a waste of time, energy, and resources that Apple can use on more productive things.

I agree that there is something more to Psystar that we don't know about...768 machines doesn't equal much revenue.
 

WeegieMac

Guest
Jan 29, 2008
3,274
1
Glasgow, UK
You have got to be taking the piss?

Psystar have no legal agreement in place to sell systems with OS X preinstalled, nor do they have the right to essentially hack OS X by writing code that will allow a PC user to install OS X.

Seriously Psystar, **** off, you're becoming more boring than you were irritating.
 

dashcs

macrumors regular
Oct 2, 2009
103
0
I was wondering why Psystar agreed to the 2.7 million.
They agreed they would pay 2.7 M if only all they're appeals been heard.

Man they need to give it up.
 

wunderboy

macrumors member
Sep 12, 2008
53
1
Also, what is the whole deal in Florida? I just don't get it?!

If you really look at it there must be some sort of backing behind this whole thing. Someone or some corporation that wants to make things difficult for Apple anyway they can.

I am no legal expert, but if this turns out to be true can Apple file some sort of suit for wasting their time and money? I bet if there were such a fee our frivolous lawsuits would decrease. Just think of the revenue of my great state of California would bring in...aren't we the leaders in frivolous suits?
 

pdjudd

macrumors 601
Jun 19, 2007
4,041
65
Plymouth, MN
I don't get it. If you settle, you cannot appeal...
The settlement doesn't cover the actions that Psystar was ruled against by Allsup in the summary judgment. Psystar is appealing that summary judgment which explains why Apple can drop charges without prejudice - they can still refile if the appeal is heard and granted.

In short, the settlement is conditional on the summary judgment being enforced. If it happens to be overturned on appeal, Apple can still refile as the original case would commence as normal. Psystar has every right to appeal a guilty verdict since the settlement covers separate elements not already decided.
 

JAT

macrumors 603
Dec 31, 2001
6,473
124
Mpls, MN
"We think that Judge Alsup got it wrong,"

Priceless.

These fools are under some serious delusions.
While I agree that their claims are likely to lose, this is the legal system as set up by us. They have every right to claim a judge (or jury) is incorrect, that is the definition of appeal. It is not, however, priceless. No doubt it will cost somebody quite a bit. :D

So, your complaints here are really about the legal system, not Psystar. It's funny that sometimes you agree with it, and sometimes you don't. Maybe if you were consistent in anything but "Rah, Rah, Apple!!", other forumites would respect you more.
 

jeznav

macrumors 6502
Aug 10, 2007
453
0
Eh?
Security chip

I guess Apple might put the TPM chip in it's next hardware refresh. But then it's going to be difficult to maintain the non-chipped motherboard we have today.

Also, even if they trim vendor IDs and CPU IDs from the system, there's always a hack for that.

"Apple! You shouldve implemented the TPM chip back in Intel transition!"
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.