“This week, Apple Inc. called for a permanent injunction against Psystar’s operations,” John Paczkowski reports for AllThingsD. “‘Psystar…has built its business on infringing Apple’s copyrights and trademarks, free-riding on Apple’s research and development efforts, and trading on Apple’s hard-earned reputation for high quality, innovative and easy-to-use computers,’ Apple said in its motion.”
“Make no mistake, Apple legal is going to grind Psystar into fine silicon dust,” Paczkowski reports. “In addition to the injunction, Apple is requesting compensation for legal costs and statutory damages owed under the Copyright Act and the Digital Millennium Copyright Act. And according to Apple’s expert witness, statutory damages for the former should run ‘between $1500 and $300,000’ and for the latter ‘between $449,500 and $4,495,000.'”
Paczkowski reports, “Suffice it to say, that’s quite a bit more than the current value of Psystar’s assets which, according to its bankruptcy filing, are no more than $50,000.”
Full article here.
Gregg Keizer reports for Computerworld, “Apple this week again urged [the court] to disregard the Florida-based clone maker’s slight-of-hand over Snow Leopard. ‘Psystar’s admission that it has moved on to infringing subsequent versions of Mac OS X confirms that any injunction must extend beyond Mac OS X Leopard,’ Apple said in the motion for an injunction.”
Keizer reports, “Philip Schiller, Apple’s head marketing executive, spelled out the company’s stance in a statement appended to the motion. ‘Apple should not be required to file a new lawsuit to stop Psystar from infringing Apple’s intellectual property each time Apple releases a new version of Mac OS X,’ Schiller said in his declaration. ‘Requiring Apple to file multiple lawsuits to stop the same infringing conduct would be unfair, expensive, and a waste of the Court’s and the parties’ resources.'”
Full article here.