The New Mac mini “Apple won a sweeping legal victory against Macintosh clone maker Psystar Corp. Nov. 13 when a federal judge in San Francisco ruled that Psystar had violated Apple’s copyright and the Digital Millennium Copyright Act. Judge William Alsup struck what may be a death blow for Psystar by granting Apple’s motion for summary judgment while denying Psystar’s counterclaims,” Stephen Wildstrom reports for BusinessWeek.

“Judge Alsup basically ruled that the OS X End User License Agreement (EULA), which prohibits the installation of the software on non-Apple hardware, is legal and means exactly what it says. It is just the latest in a long string of ruling upholding EULAs, sometimes called shrinkwrap or click-wrap licenses,” Wildstrom reports. “The judge rejected out of hand Psystar’s claims that it made legal use of Apple’s trademarks and that Apple has misued it copyrights.”

Wildstrom reports, “A hearing on remedies is scheduled for Dec. 14. The order does not cover several other claims by Apple, including breach of contract and trademark infringement, but the ruling suggest that Apple would be heavily favored to win should the remaining case ever come to trial. There is also similar litigation pending in Florida, where Psystar is based.”

Full article here.

Via Groklaw, read Judge William Alsup’s ruling in full (.pdf) here.

MacDailyNews Take: Adios, Psystar, you losers.

[Thanks to MacDailyNews Reader "dslarsen" for the heads up.]

Related articles:
Meet the Pedraza brothers, the men behind would-be ‘Mac cloner’ Psystar – November 11, 2009
Would-be ‘Mac cloner’ Psystar up to its old tricks, claims it simply bundles software with Mac OS X – November 05, 2009
Would-be ‘Mac cloner’ Psystar asks judge to declare it legitimate – November 02, 2009
Psystar’s Rebel EFI allegedly contains OSS Code covered under Apple Public Source License – October 29, 2009
Psystar expands into selling ‘Mac clone’ software (Rebel EFI) – October 23, 2009
Is Psystar’s real mission to publicize that running Apple’s Mac OS X on generic PCs is possible? – October 17, 2009
Psystar and Apple dispute whether Mac OS X security measures should be kept confidential – October 17, 2009
Would-be ‘Mac cloner’ Psystar ‘happily’ agrees to Mac OS X injunction – October 16, 2009
Apple and would-be ‘Mac cloner’ Psystar file summary judgement requests – October 12, 2009
66 More Related Articles