Apple, Psystar reach partial settlement to cease sales of unauthorized Mac clones

Apple Sale“After 17 months of litigation between Apple and clone Mac maker Psystar, the whole ordeal may soon be at an end, with an agreement between the two parties expected to be revealed this week,” Neil Hughes reports for AppleInsider. “Psystar on Monday filed a new document with Judge William Alsup in a San Francisco court revealing that it and Apple had entered into a ‘partial settlement’ that will be filed with the court on Tuesday.”

“Per the terms of the alleged deal, Psystar would pay Apple damages of an unspecified amount, and Apple would agree to drop the bulk of its case,” Hughes reports. “‘Psystar has agreed on certain amounts to be awarded as statutory damages on Apple’s copyright claims in exchange for Apple’s agreement not to execute on these awards until all appeals in this matter have been concluded,’ Monday’s court filing reads. ‘Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple’s copyright claims.'”

Hughes reports, “But Psystar hopes that the court will not extend any potential injunction to its Rebel EFI product. The filing made Monday notes that Rebel EFI, which allows third-party installation of Mac OS X on unauthorized computers, is a ‘product that has not been litigated in this case, that has not been the subject of discovery in this case, that is presently the subject of litigation in the Florida case, that is composed exclusively of Psystar software, that is not sold in conjunction with any hardware, and that is sold entirely apart from any copy of Mac OS X or any computer running Mac OS X.’ Rebel EFI is a $50 application that allows certain Intel-powered PCs to run Mac OS X 10.6 Snow Leopard. In its filing last week, Apple alleged that Psystar has taken to ‘trafficking in circumvention devices,’ a practice that will irreparably harm Apple.”

Read more in the full article here.

27 Comments

  1. Interesting that! Is Apple inc. a co-signitory of the said filing?

    I imagine that Shyster have done this in order to delay the execution of the copyright judgement in order to sell more of their rebel EFI over the Christmas period without supplying the source code to Apple inc. or the court to prove that no Original OSX code has been incorporated into rebel EFI. After Christmas, they would hope to fudge the issue by declaring that the filing covered the non disclosure of the rebel EFI source code.

    Bastards!!!

  2. “….Is “cleaver” the new meme here?…

    Yeah, I think he’s talking about “The Beaver” ” width=”19″ height=”19″ alt=”LOL” style=”border:0;” />

    Spell-check, Howser, spell-check !

  3. Not likely, why would Apple give up all it trademark ect. claims that would be foolish someone is fishing.

    ‘Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims.’

  4. If Shyster were making a real good faith offer for a partial settlement, then why are they still selling computers on their website? I wonder if this is just another delaying tactic, as they were required to make a filing as a response to Apple’s recent filing. Some of the language supposedly quoted from the filing makes no sense if there is a partial settlement already agreed to. I’ll wait for Apple to file something acknowledging this partial settlement before I believe it.

  5. I think this is a mistake. Apple should continue and shut this operator down once and for all. They must be afraid of something, like having to disclose their revenue. Sad that Apple’s fear is forcing them to throw in the towel early.

  6. I enjoy this site. Some of the posters are very “Cleaver”

    I imagine some of them have “Cleavage” as well..” width=”19″ height=”19″ alt=”wink” style=”border:0;” />

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