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Apple get legal victory over Psystar

Apple get legal victory over Psystar

Apple have been battling against Clone Mac Maker Psystar for a while now and a critical court decision has ruled in their favour. Psystar have been selling ‘unofficial’ OSX computers as well as a software package called Rebel EFI to allow an end user the option to install any OS on any hardware configuration …. which includes Apple’s OSX.

Judge William Alsup ruled in a summary judgement that Psystar have infringed on copyrights owned by Apple Inc by placing Mac OSX on unauthorised computers built and sold by the Florida corporation. Critically Psystar have also been found to be in violation of the Digital Millenium Copyright Act by defeating Apple’s protection barrier which prevents its operating system from installing on third party hardware.

“Psystar infringed Apple’s exclusive right to create derivative works of Mac OS X,” the ruling states. “Specifically, it made three modifications: (1) replacing the Mac OS X bootloader with a different bootloader to enable an unauthorized copy of Mac OS X to run on Psystar’s computers; (2) disabling and removing Apple kernel extension files; and (3) adding non-Apple kernel extensions.”

The judge has denied Psystar’s own motion for summary judgement in which they attempted to prove that Apple engaged in copyright misuse. Alsup made a ruling that Apple’s End User License Agreement only attempts to control use of Apple’s own software, which is within the companies legal rights.

Although this ruling is critical for Apple’s case the trial is still ongoing as there are still some issues to be resolved. Apple have claimed that Psystar are guilty of trademark infringement, trademark dilution, unfair competition and breach of contract. Another hearing for this ongoing battle is to be heard on December the 14th with the trial between the two companies starting in Jan 2010.

Apple are proving a considerable challenge with one of Psystars own defense team withdrawing himself from the case in September.

About Author

Stuart Davidson

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