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Psystar and Apple shake hands over clone sales

Psystar and Apple shake hands over clone sales

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After almost a year and a half of legal wrangling it looks as if Psystar and Apple may enter into a settlement this week. Psystar filed a new document with the San Francisco court revealing it had entered into a ‘partial agreement’ with Apple.

It appears that Psystar are going to have to pay Apple an unspecified amount of money and that Apple would then drop the majority of its case.

“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,” it says in Monday’s court reading. “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.”

Psystar are hoping that the court will not extend any possible injunction to its Rebel EFI software package. This software allows third party installation of Mac OSX on unauthorised computers. The filing mentions Rebel EFI and that it 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.”

Interestingly Psystar has agreed to pay damages to Apple however last week they said they could offer no money as they filed for bankruptcy in May, only to emerge from Chapter 11.

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Stuart Davidson

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