Apple seeks to grind illegal Mac cloner Psystar into fine silicon dust

72 Hour Apple Black Friday Sale“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.

26 Comments

  1. Meanwhile in other news, Apple announced today that anyone who wanted hardware other than an underpowered cookie tin, a big-arse metal wardrobe (half full of fresh air) or the latest ‘pretty-boy-Ive’ table-mirror to run OS X on could expect an imminent visit from the Mac police… an Apple spokesperson added “A lock-in is a lock-in! How do you expect us to make obscene amounts of money from our customers if we don’t drive down choice and drive up profits?”

  2. @ Twenty Benson – If that was intended as satire, it was terribly unfunny. And inaccurate to boot.

    @ Des Gusting – There are plenty of other business models musicians like myself can pursue, which don’t involve money-grubbing middlemen in legacy business roles. You can visit techdirt.com and look through the archives for further details.

  3. 1. Figure out which component hardware can easily have osx86 installed.
    2. Buy enough for sizeable discount, manufacture systems shipping with linux.
    3. Send a mole to osx86 forums to inquire if the Clydestar would work, and if it’s a good price. Buy advertising on said forums and emphasize that it comes pre installed with linux.
    4. Memorize the following: “Your Honor, Clydestar computers are installed with linux. We cannot control what users do with our hardware once it’s been sold.”
    5. Smile a s$^t-eatin’ grin while apple sends its horde of lawyers against the osx86 community and tech pundits who publish how to sites on the web.
    6 Profit!

  4. @ Gabriel:

    Yes, there are other business models, but they don’t suit everyone and IMO have severe disadvantages. I completely agree about the middlemen, but they’ve been unnecessary for many years.

    Fans could still spread the word without rampantly giving away music that should be paid for; that’s what demos are for.

  5. Well, where to start. First, I’ll take the easy route: it’s “Look at how a Mactard DEFENDS their inferior company.” I know little things like the difference between present tense and a gerund (not even the present continuous) mean nothing to you.

    Second: well, and what exactly makes Apple an “inferior company”? They’re vastly more profitable than the majority of PC makers, including Dell, HP, Toshiba, etc.

    Third: is there something that makes _Mac computers_ inferior? Doubtful, of course, but you’re welcome to try offering some evidence, if you can come up with anything.

    Fourth: go be a douche somewhere else, dipsh?t.

    MDN Word: “through,” as in, “I’m through refuting this douche.”

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