Apple demands recall of all Psystar ‘Mac clones’ sold to date

“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.

61 Comments

  1. “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.

  2. 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.

  3. 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).

  4. There is a limit to how much consumer knowledge is reasonable to expect, and I’d say it’s doubtful that anyone who bought Psystar didn’t know what they were getting. So Apple doesn’t have a claim there.

    As for the license agreement, I’m not sure. People were fairly upset when Microsoft said that Vista Home could not be run in virtualization, forcing people to buy expensive Vista. Is that too different from what Apple is demanding?

  5. PissStar computers acted like they wanted a fight, I guess they got their wish.

    They tried to make themselves look like a normal little PC box house, you could buy a PC running Windoze or Linux or Mac.

    This recall is a clever tactic by Apple legal. If the cost of defending themselves in court does not break the PissStar bank account, the cost of the recall will.

    Good luck PissStar, you’re gonna need it!

  6. “Apple demands recall of all Psystar ‘Mac clones’ sold to date”

    Really, how will this be enforced? If Psystar goes bankrupt will Apple pay clone owners for their machines or will Apple give them MacPros in exchange?

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