Apple have requested a permanent injunction against Psystar, the moderately popular Macintosh ‘clone maker’. If this injunction is approved it will prevent them selling machines with Mac OS X and will also stop them from helping others to install the operating system on unauthorised machines.
Apple filled with Judge William Alsup this week and they are saying that they are entitled to a permanent judgment against Psystar under the U.S. Copyright Act and Digital Millennium Copyright Act. Apple have stated that if Psystar continue to do business it will harm them and that they have also helped to create other companies infringing their copyrights.
As we have reported before Psystar have licensed their own virtualisation technology to third party hardware vendors with their Rebel EFI software. This OEM licensing program allows manufacturers of Intel computers to run OSX 10.6 if they wish.
To further complicate matters, Apple are also saying that the amount of money owed to them from Psystar is actually more than the company earned in 2008 and 2009. The value of its assets are less than $50,000.
“Even if Psystar could pay damages, the harm to Apple’s brand, reputation and goodwill is unquantifiable,” an Apple spokesperson said.
A hearing has been scheduled for Dec 14 in a San Francisco court.
The lawsuit is already going favourably for Apple when they won a number of preliminary decisions from Alsup.