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Apple Wins Permanent Injunction Against Psystar

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.

Psystar made headlines back in April when it started advertising unauthorized Mac OS X compatible PCs. Apple subsequently sued Psystar on grounds of copyright infringement as well as DMCA claims. Apple had won summary judgement in November.

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32 months ago
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.
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32 months ago
Finally.... Our long, national nightmare is over.
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32 months ago
It will be interesting to find out who the financial backers were. When will we find this out?
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32 months ago

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?
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32 months ago
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.
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32 months ago

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.
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32 months ago

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...
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32 months ago
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.
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32 months ago
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 :D
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32 months ago

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.
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