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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