Apple wins permanent injunction against would-be ‘Mac cloner’ Psystar

The New Mac mini “Apple and Psystar concluded 17 months of litigation Tuesday when federal judge [William Alsup] issued a permanent injunction against the unauthorized Mac OS X hardware creator, banning it from selling hardware with Apple’s operating system,” Neil Hughes reports for AppleInsider.

The judge banned Psystar from:

• Copying, selling, offering to sell, distributing or creating derivative works of Mac OS X without authorization from Apple.
• Intentionally inducing, aiding, assisting, abetting or encouraging any other person or entity to infringe Apple’s copyrighted Mac OS X software.
• Circumventing any technological measure that effectively controls access Mac OS X, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers.
• Playing any part in a product intended to circumvent Apple’s methods for controlling Mac OS X, such as the methods used to prevent unauthorized copying of Mac OS X on non-Apple computers.
• Doing anything to circumvent the rights held by Apple under the Copyright Act with respect to Mac OS X.

Hughes reports, “Alsup ruled that Psystar must comply with these by midnight on Dec. 31, 2009 at the latest.”

Read more in the full article, including info about Psystar’s US$50 “Rebel EFI” product which allows certain Intel-powered PCs to run Mac OS X, here.

Edible Apple’s article on the matter is also recommended here.

25 Comments

  1. For the past 17 months we’ve had to endure the likes of rattymouse and his lies about a thieving company. It feels good to know that an end has come to this.

    It seems that rattymouse has been caught in a mouse trap while trying to steal someone’s cheese. Good riddance to bad rubbish.

  2. I note in the article that Psystar was careful not to explain how Rebel EFI works. I can believe that. What I’ve been hearing during this case is that Mac OS X is encrypted, with a standard decryption key included in all Mac hardware. If that’s the case, any software which facilitates the installation of Mac OS X on a standard PC would have to break this encryption.

    In other words, Rebel EFI must violate the DMCA

    And for those who cheer because Rebel EFI is “in the wild” no matter what happens next, understand that Apple doesn’t care. Stray hobbyists and pirates don’t bother Apple. Someone making a business out of selling pirate systems to consumers that otherwise would have no desire or ability to pirate, on the other hand, is an issue, and one that’s been nicely taken care of today.

    ——RM

  3. Apple does not care to stop the adventurous hackintosh individual, because they know they don’t need to support them in any way or form. What they did care about was some shady startup attempting to monazite on the Apple transition to Intel processors. Attempting to promote there illicit wears by piggybacking on Apple’s costly advertising and formidable reputation.

    This case could not have had any other outcome. What these idiots were thinking when they attempted this is beyond me.

    Guns blazing! LOL.

  4. @Mr. Tuttle:

    The REAL winner is Apple, not their lawyers. Apple now has a court decision it can rely on and slap down any other would-be cloner. No other company is going to dare sell Apple clones now.

    @bozar:
    Attorneys don’t work on commission. They may have had a contingent fee, but that’s very unlikely because Psystar was the defendant and thus was not in line to win significant damage awards (money damages) from Apple.

  5. …”Lawyers got a pretty good deal.”

    To clarify the response to this post, no. Apple’s lawyers work for a salary. Their daily job is to provide legal counsel (including things such as text in EULA, etc) and defend Apple in courts around the globe, wherever Apple needs legal defense. With this win, Apple’s lawyers simply earned the bonuses they may be getting at the end of the year.

    As for Psystar’s lawyers, they were apparently working pro bono, hoping to collect some monies, should they win the case. Theirs was a calculated risk when they went in to defend Psystar, and either way, they benefited, since the seemingly high-profile case in which they went up against Apple put their names on the map. As they say in Hollywood, any publicity is good publicity, as long as they spell your name correctly…

  6. I’m happy this is over. It seemed so odd that an EULA would be challenged blatantly in court. The judge basically regurgitated the text in the injunction. Did someone really think there was a loophole? Probably just a publicity stunt and not a very good one. Oh well, moving on….

  7. As I have predicted since the beginning, Psystar has been victorious! Apple must now slink back to their hole, having been defeated by Psystar in a court of…

    What? Apple won? Oh holy sh|t! Where will I get updates to keep my systems running once Psystar’s servers go away? WTF will I do if my Psystar boxes get bricked by an OS X update and Psystar isn’t around to deal with the problem? Who’s going to fix these things if the hardware dies? Do any of you guys know how to install Windows 7 on them without losing all of my data? I am so fu…

  8. Fortunate outcome for Apple.

    However, the zoids who funded this also had a partial win: Apple legal spent 17 months litigating this crap. Apple spent a bunch of money on a case that should have been decided in a second. Apple had a bad moment or two in the press until the sleaziness of the ‘Pendaho’ brothers came out.

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