“Apple is asking a court to order Miami-based Psystar to stop making unauthorized Mac clones and to recall all of the systems it has sold to customers since it began offering them for public sale in April,” Paul McDougall reports for InformationWeek.
“In a lawsuit filed against Psystar in federal court, Apple is seeking an order ‘requiring Psystar to recall all such products sold to the public as a result of Psystar’s infringement of Apple’s copyrights,'” McDougall reports.
“It’s not immediately clear whether Psystar could legally compel its customers to give return their systems. But the clones may not be of much use for long if Psystar is forced out of business and is unable to support them,” McDougall reports.
“Psystar’s Web site was offline as of Wednesday morning,” McDougall reports.
“Apple is charging Psystar with violating its copyrights and weakening its brand image. ‘By misappropriating Apple’s proprietary software and intellectual property for its own use, Psystar’s actions harm consumers by selling them a poor product that is advertised and promoted in a manner that falsely and unfairly implies an affiliation with Apple,’ the company said in its complaint,” McDougall reports.
“Apple also charged Psystar with illegally copying, modifying, and redistributing some of its products. The 18-page complaint outlines a total of 10 charges against Psystar. Psystar officials did not return a call seeking comment,” McDougall reports.
Full article here.
MacDailyNews Take: Psystar’s going to have to rename the company “Smoking Crater” when this is all said and done. Our advice to Psystar: Begin applying for Superfund status immediately.
ahahah!
It’s the pay for the fake and cheapy Macs that psystar was selling.
Apple will probably win but “falsely and unfairly implies an affiliation with Apple” ? Let’s get real. I find it hard to believe that any customer assumed PyStar was affiliated with Apple.
“Smoking Crater” is already taken. Must check the registry for “Ground Zero”, “Parked on the Tracks” and “Wile E. Coyote wins another Darwin.”
“Alderaan”, “Eagle One” and “Red Shirt” are up for grabs, however, as the previous office holders are no longer, ah, in business.
what the hell did they expect in the first place? For Apple to go on its knees and hail them as the “winner” for running OS X on non Mac computers? They deserve every pain from this lawsuit.
my feelings towards F*☆are not suitable for print
What possessed these morons from even attempting this? Did they really want to see the inside of jail so badly?
Live By Sword, Die By Sword
Apple Legal, bitch.
To: bjh
Never underestimate the naïveté of some consumers. If the box says Apple anywhere on it, they will believe Apple supports it. And then what does Apple do when these folks go to an Apple Store and buy Snow Leopard and then call Apple for tech support? Apple will have to turn them away because they are not using a Mac. And that’s when bad word of mouth against Apple begins
“I find it hard to believe that any customer assumed PyStar was affiliated with Apple.”
You greatly overestimate the intelligence of their customers.
(I’d suggest checking out their funny forums but either the Psystar site is slashdotted or shutting down. The Wayback Machine may be the only way.)
I demand that they be recalled, dumped into a pit and defecated on, then set ablaze!
If there are people out there who think Windows is just as good as OS X, then there is no limit to the crap people choose to believe. People want cheap, but are surprised when they get what they pay for.
I hear Apple is planning to turn Psystar HQ into a nature preserve for big cats. However “outside” sources say their feeding and physical activity plans for the Tigers, Panthers and Leopards have not been planned past Friday afternoon.
“Inside” sources at the new preserve report their faces are being clawed off.
“I demand that they be recalled, dumped into a pit and defecated on, then set ablaze!”
Sponsored by the GG Allin Fan Club.
Psystar is about to have a religious experience. This is as close to getting smited as it gets!
Psystar website DOWN!!!!! Wo0†!
Well, we all know that Psystar is not long for this world. However, it will be interesting to see what happens to the founders/owners of the company. Will they be personally held liable? Or did they incorporate, so maybe they won’t be responsible. If they made a pile o’ money in salary over the last few months, and then the company goes out of business, they may not care. They made their share. However, if they are somehow personally responsible, then it wasn’t worth their efforts. Perhaps MDN can get us the scoop?
Psystar is a scam company that the Florida AG’s Office should have closed days after it opened for business. The first Court meeting is on October 22nd. My guess is on October 21st, they just disappear and they do not attend the case management conference, nor do they respond to Apple Complaint.
By November 15, or sooner Apple files a motion for summery judgement and a permanent injunction to stop Psystar or any of the owners derivatives, distributors or associates from creating Mac Clones in the future. And Apple will have the court impound all the companies and it’s owners assets.
By January 1st, is when the Florida AGs office will finally get involved as consumer complaints start to roll in about defective systems and undelivered systems. With no response from the company Psystar (P!ssT!rd).
AMPAR!!!!!!
Once again the funniest and most on target comment…
“However, it will be interesting to see what happens to the founders/owners of the company.”
They’re probably just finishing up their interviews with Ballmer. And then, MS HR has some papers for them to sign.
Selling there cheap garbage PC crap and putting Apple’s OS and calling it a Mac Compatible clone is what Apple is talking about when they talk about affiliation. Starting the company to begin with was a really stupid thing to do without even trying to talk to Apple first.
Oh well, I’m glad that this happened finally. I think Apple’s legal team was carefully going over this case before they filed the charges. They want to make sure they win this case so no other clone people get any funny ideas.
I just want to see Steve turn up at the Miami ‘HQ’ with an iSledgehammer – and watch the fun begin!
*boom*
here’s an interesting idea….
We all know that if you find a way to install an “upgrade” version (without owning the original) of, say, MS Office… and the Biz SW alliance police come a knocking, it will be considered copyright infringement by you.
So… if you own a Psystar “clone”, you are actually in the same situation. Your copy of OSX is an upgrade version (ain’t no such thing as a non-upgrade version of OSX, except as shipped with a mac). So it isn’t just Psystar that is infringing… YOU are.
It’s not as if Apple didn’t know this day would come… and hasn’t erected every possible legal barrier.
Of course, I’M not a lawyer…
And I think the answer to “what took so long” is simply that Apple Legal took the time to throw every possible legal complaint and theory at them… to bury them.
I really hope Apple succeeds because I know the alternative is a world of Windows-like activation. And reactivation. If you don’t do the ‘doze, you have know idea the special hell you are missing. Like being on the road, having your product key at home, finding out you have to reactivate or buy a new license (for 100s of dollars).