Apple Rewarded With Permanent Injunction -- The End OF Psystar?
by
on December 17th, 2009 at 10:48 AM
It's been a laugh fest, but it appears that the show will be coming to a stop soon. Psystar, with its not so stellar legal team, was dealt another blow to the teeth. On Tuesday Apple won a permanent injunction against Psystar, which will likely bring the fly-by-night company to the ground. According to the court document (PDF) Psystar is now forbidden from :Psystar, based in Miami, began selling "open" computers preloaded with Mac OS X in April of 2008. The end-user license agreement prohibits installing Mac OS X on non Apple branded computers, which Psystar is guilty of facilitating. Before legal proceedings were underway, Psystar had argued that Apple's EULA would not hold up in court saying "What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?" With that brilliance, they began their legal battle with Apple, and have had nothing but legal failure. Psystar must comply with the injunction by December 31.
- Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff's copyrighted Mac OS X software without authorization from the copyright holder;
- Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff's copyrighted Mac OS X software;
- 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;
- 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;
- 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.
Finally! The end of Psystar is upon us. Although the company assembles and sells computers preloaded with Microsoft Windows and Linux, the only reason they had any attention was due to them selling non-Apple machines loaded with Mac OS X. The court's rulings in favor of Apple are good news, not only because the Psystar parasite will be dead soon, but also because it will discourage and prevent other organizations from doing what Psystar was doing.
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