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Psystar to Change Tactics and Sell Mac OS X-Ready Computers?

Computerworld reports on a motion filed in federal court yesterday by unauthorized Mac clone maker Psystar noting that it has reached a partial settlement with Apple over the company's copyright infringement case filed against Psystar in 2008.

The settlement, which requires Psystar to pay Apple an as-yet-unspecified amount of damages, would not be awarded until Psystar has exhausted all appeals.

"Psystar and Apple today entered into a partial settlement that is embodied in a stipulation that will be filed with the Court tomorrow," Psystar's motion of Monday began. "Psystar has agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded. Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple's copyright claims."

Apple last week requested a permanent injunction preventing Psystar from selling non-Apple computers with Mac OS X preinstalled. In its motion filed yesterday, however, Psystar argues that its Rebel EFI software released last month that allows consumers to perform their own OS X installation on Psystar's or other certified non-Apple hardware should not be included in any injunction awarded by the court.

By excluding Rebel EFI from any injunction, Psystar seems to be conceding Apple's copyright victory, and that it can live with a ban on preinstalling Snow Leopard. If that tactic works, Psystar's plan appears to be to shift the responsibility of installing Mac OS X onto customers. Psystar would presumably sell Rebel EFI to customers without a corresponding copy of Mac OS X, require those customers to obtain a copy of the operating system elsewhere, and then use the utility to install and run the purchased copy of Snow Leopard.

Psystar spelled out its argument for letting it continue to market Rebel EFI, and presumably Snow Leopard-ready computers that, with Rebel EFI's help, could be configured to run Mac OS X.

With Apple having already won a judgment against Psystar for copyright infringement, Psystar's tactic of shifting the burden of OS X installation to the customer appears to be its new primary strategy for attempting to remain in business. More information is scheduled to be filed with the court later today.

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29 months ago
Hmm...

I imagine that the cost of the lawsuit would end the business?
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29 months ago
They'll drag this out for all it's worth.
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29 months ago
They still have to violate Apple's trademarks, such as Mac OS X in their advertising, if they were to do that.

Hmm...

I imagine that the cost of the lawsuit would end the business?


They hope that the lawsuit will provide free publicity to help them find an investor. It's actually their business plan.

They are just scammers looking for a quick buck.
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29 months ago

They are just scammers looking for a quick buck.


Agreed, hopefully they will be out of business soon.
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29 months ago
Psystar could have avoided this entire legal mess and settlement awards to Apple if they did what they're trying to get the courts to allow them to do now!

There's nothing illegal about selling a computer with no OS included, if you simply include instructions on how to install OS X on it after the sale. (Even if you include software that aids in that process, there's nothing illegal about that either, unless you used someone else's code without permission.)

I tend to agree with the people of the opinion that this whole thing was more a publicity stunt than anything else. Psystar HAD to know they weren't going to win this court battle in the long run. They simply gambled that they'd make a lot of profit selling machines until the slow legal system got around to barring them from doing it, and in the meantime, they'd find a buyer for the whole business.
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29 months ago

Hmm...

I imagine that the cost of the lawsuit would end the business?


Wasn't there a lot of undercurrent of psystar being funded my microsoft?

I think so. How can such a small company compete with the legal costs from giants such as apple? It doesn't make sense. RE the MS links - it was a good few articles back.
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29 months ago
How was that Vista sticker? - Oh, yeah:

"Ready for Mac OS X"
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29 months ago
Seems Apple is saying "stop selling and we won't bury you."

The Rebel EFI issue is interesting.

LOL, no one's buying their crap anyway. I almost don't care anymore. This is just sad now.
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29 months ago

if you simply include instructions on how to install OS X on it after the sale. (Even if you include software that aids in that process, there's nothing illegal about that either, unless you used someone else's code without permission.)


The software contains the decryption code to OS X. That's how these hacks work. It's still illegal.

They would still violate DMCA.
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29 months ago
Typical creepy moves to misuse the legal system to attack and damage someone else... You have to wonder who's funding this attack on Apple.

And, typical of the legal system to allow it to go on and on so that the legal system can keep charging both sides for "justice."

Apple has done nothing wrong here except create something of value that someone wants to steal or destroy.

As Dino put it in the movie:

"If you ever discover that you've finally got what it takes, it won't be long before you find out someone else is trying to take what you got."
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