Apple wins permanent injunction against Psystar

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It is the end of the line for Psystar as U.S. District Judge William Alsup has issued a permanent injunction against the Apple clone maker. The injunction prevents Psystar from pursuing its core hardware business by banning the following:

  • Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff’s copyrighted Mac OS X software without authorization from the copyright holder
  • Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff’s copyrighted Mac OS X software;
  • Circumventing any technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers
  • Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computer
  • Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.

Psystar has until December 31th, 2009 to fully comply with the ruling and must begin the process immediately using a method that provides the fastest route to compliance. Psystar may have to shutter the hardware portion of its business but the legal status of Psystar’s $50 Rebel EFI software remains unclear. In his ruling, Alsup does not cite the Rebel EFI software specifically, claiming that Psystar failed to disclose exactly what the application did. In case Psystar has high hopes of continuing to sell its Rebel EFI software, Alsup issued a¬† stern warning, ‘What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself in contempt if its new venture falls within the scope of the injunction.” Will this admonishment permanently close the doors on Psystar or will the rebel company stage one last battle?

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