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Psystar Halts Sales of Mac Clones, Plans Legal Appeal

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.

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29 months ago
Can't we just start a new website for this saga?
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29 months ago
And the drama continues
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29 months ago
Psystar die off already.

Apple can do whatever they want with their OS. We're lucky Snow Leopard isn't sold in embedded form.
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29 months ago
They need to give it up already.
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29 months ago
So how can psystar afford more potential law suits when they have only sold 768 machines?
2.7 million $ and 768 machines. Hmm..
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29 months ago
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.
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29 months ago
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.
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29 months ago
"We think that Judge Alsup got it wrong,"

Priceless.

These fools are under some serious delusions.
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29 months ago

They need to give it up already.


Agreed, Psystar needs to recognize that it is over.
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29 months ago
I'm rooting for them now. I love the underdog.
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