Apple wins sweeping victory, crushes would-be ‘Mac cloner’ Psystar in court

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.]


  1. Since all cockroaches simply find other places to nest, look for these two, if not in prison, to create another startup with the same agenda.

    The judge should strip their ‘corporate veil’ and nail them individually.

  2. @KenC: The funny thing I bet they keep up the delusion in their Florida trial.

    Good luck to them if they plan on doing that. This decision will set a monster precedent that will hang around their neck during the proceedings. If they’re smart, they’ll try to settle. If they don’t, well, then we have proof positive there’s ulterior motives involved.

    And because I just have to: Yoo-hooo! Rattymouse?! Where are you?


  3. This should stop any other cloner wannabe’s dead in their tracks.

    I still think Apple is developing a security chip for future Macs that will make the OS impervious to cloning attempts.

  4. At least SOMEONE finally had a chance to use that ugly DMCA legislation for something good.

    In ten days (on 23 November), Apple has to submit their formal opening brief regarding remedies. In the original proceedings, Apple implied they may waive remedy claims for some of the violation. That was long time ago. I’m sure Apple will go all-out this time around.

    Eventually, someone will really have to pursue these two clowns in the criminal court. I’m sure there is some District Attorney somewhere who could figure out enough juicy charges against them and make them stick. After all, their legal firm was in it only for the possible windfall from the win against Apple. There’s no chance they’ll be interested in defending pro-bono two schmucks in a criminal case.

  5. The EULA “…means exactly what it says.“?

    An activist, coastal-elite MAC astroturfer judge would refuse to acknowledge all the of shades of gray in this case. Typical. I don’t need to read a EULA with all its legal mumbo jumbo. Facts just get in the way of knee-jerk interpretation. I expect a result in Pystar’s favor in Florida. They don’t waste time with “book learnin'” in Florida.

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