“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.
Stop selling them and we won’t bury you.
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!!!
Very cleaver Apple. Very, very cleaver.
Is “cleaver” the new meme here?
Apple needs to nail their petards to a wall.
I wonder if the allowance for Rebel EFI is so they can litigate it to make sure there are no openings for other Shyster types.
“….Is “cleaver” the new meme here?…
Yeah, I think he’s talking about “The Beaver”
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Spell-check, Howser, spell-check !
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.’
I think Apple should continue and try to completely obliterate Psystar.
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.
Hopefully they will just die.
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.
I meant revealing their profit per product line, etc. and other confidential info. That is perhaps what Apple is afraid of.
Planar
Shyster sold 768 computers. What profit per product are you thinking about?
@ Howser
Ohhhh what a fantastic malapropism!
I enjoy this site. Some of the posters are very “Cleaver”
I imagine some of them have “Cleavage” as well..
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Something tells me there are important chunks of this story still missing.
Considering that all the details of this “alleged” deal are apparently coming from Psystar, this may be more of their wishful thinking and press manipulation.
Yes!! Vindication for Psystar! Apple’s backing WAY off from a fight it can never win!! That smoke-and-mirrors show in California just proves that the Florida case is the real one, and now Apple’s all set to give up, fold up its tents, and crawl away!!
Go Psystar!!!!
No wonder more girls pass their exams than boys! they are very cleaver!
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If I were Apple, I would consider the expense of taking this case clear through the judicial process to be a worthy investment in pesticide.
href=”http://www.computerworld.com/s/article/9141608/Apple_Psystar_strike_deal_in_copyright_case?source=CTWNLE_nlt_dailyam_2009-12-01″>Will still be able to sell clones–Sans OSX software</a>
Will still be able to sell clones–Sans OSX software
Is that the real Rattiemouse, or is someone doing a “Zune Tang” thing? ‘Cuz that post is so delusional, it’s funny, if it was meant as a joke.
Y’know, the more I read this, the more I realize nothing really happened. This is just a move by both sides to save money by avoiding a trial, if the proceedings go that far. Until we reach what would be the trial phase, the whole thing goes along as usual, with Apple’s request for a permanent injunction the next step.
BTW, I don’t see how Rebel EFI can be a legal product, if it truly enables the installation of OS X on any PC. Aren’t Leopard and Snow Leopard encrypted? So wouldn’t any installation-enabling software have to break the encryption? And wouldn’t that put the software afoul of the DMCA?
—–RM
@M
A “clone sans OS X software” is called a “PC”.
——RM
Sounds like there may be a loophole that will let them continue to sell the rebel efi firmware….
if the PC industry would get their act together every motherboard would already have EFI… itel has been trying to get the industry to switch for years!
bios is as antiquated as windows.
This settlement actually looks bad for Apple. If the law was on Apple’s side, the company certainly had ability and resources to puruse a permanent injunction and end the issue of companies producing Mac Clones once and for all. However, given the fact they have settled this case in a manner that still allows Pystar to sell its open computer without OS X “pre-installed,” but with the ability of the user to install it – indicates that Apple saw the risks as to great continue legal action. Like wise Pystar likely couldn’t afford to continue in court, hence the settlement. I’m sure other PC makers have their lawyers studying whether they can now pursue a similar path – sell pc w/o OS X preinstalled, but the ability to run OSX.
Similarly the Rebel EFI software, if it simply allows ANY OS (windows, linux, OS X) to run on any PC w/o actually altering code in the OS it self… it would likely leaded to another losing battle for Apple… even with Apple’s EULA, if the software isn’t specifically targeted for OS X, but is targeted toward ANY OS, its likely that Apple’s suit would fail. -Just my personal Opinion… not intended as legal advice to ANYONE.