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All posts tagged "psystar"


Thursday, September 29, 2011

Why Yes Apple, You Can Restrict OS X to Your Own Hardware

Posted by Jeff Campbell in "Apple News" @ 12:30 PM

http://arstechnica.com/apple/news/2...tm_campaign=rss

"Apple has the right to continue restricting its operating systems to its own hardware thanks to a decision handed down by the Ninth Circuit Court of Appeals on Wednesday. Circuit Judge Mary Schroeder wrote in her opinion that Apple's Mac OS X licensing agreement was indeed enforceable against Psystar, which had sold non-Mac computers with Mac OS X installed."

Image Credit: AppleTell

Of course, the home enthusiasts can still "do-it-yourself" with kits that companies sell or by going online at any number of sites to get the how to instructions. At least it is very doubtful Apple would go after individuals, unless they started doing it commercially I suppose. Personally I'm glad for this since it keeps the ecosystem closed, so I know, for the most part, that software and hardware are going to mesh together well. Unlike with that other software system...you know the one. What are your thoughts?


Wednesday, December 16, 2009

Court Sides With Apple Over Psystar

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://news.cnet.com/8301-13579_3-1...subj=News-Apple

"After 17 months of litigation, the hammer has finally fallen on Psystar. The U.S. District Court for the Northern District of California on Tuesday granted Apple's request for permanent injunction against the Mac clone maker. This bars Psystar from peddling PCs with the Mac OS X operating system preinstalled, from circumventing the technological measures Apple uses to prevent unauthorized copying of Mac OS X, and from assisting others in doing so."

The judge gave Psystar until midnight on December 31st, 2009 to comply with the ruling. However it wasn't a complete win or Apple, since the Rebel EFI program was not part of the judgement. It isn't a complete knock out, and the way this is going I don't expect Psystar to just roll over and play dead. I'm sure we will hear more about this, especially as the deadline approaches. You can read the entire judgement here.


Wednesday, December 2, 2009

Psystar v. Apple, An Update

Posted by Jeff Campbell in "Apple Software (OS X)" @ 07:00 AM

http://www.cultofmac.com/report-app...w+(Cult+of+Mac)

"Florida-based Psystar and Apple will submit Tuesday a partial court settlement to the long-running Mac copyright-infringement legal battle, according to a report. Psystar, which had sold Mac clones based on Intel hardware with Apple's Mac OS X operating system pre-installed, will pay unspecified damages."

The latest in the legal battle that was set for a January 2010 showdown in court has Apple dropping most of it's legal challenge to Psystar. According to the paperwork, "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." So Psystar agrees to pay as yet to be named damages, but they haven't given up on the fight. In their paperwork they want to exclude their Rebel EFI application that allows Intel-based PCs to use Mac OS X 10.6 Snow Leopard, asking that it be excluded from any injunction that Apple is awarded. I like that they are willing to fight, what are your thoughts on their chances? Keep in mind this has been going on since July of 2008 and Psystar is still kicking, longer than I thought they would be around.

Update: Psystar has stopped selling everything except for the Rebel EFI application on their website, having marked the Mac clone models as "out of stock" per this article from Macworld. This after agreeing to pay Apple $2.7 million USD in a partial settlement.


Monday, November 16, 2009

Judge Sides With Apple Over Psystar

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://feedproxy.google.com/~r/appl...~3/NOUbzpp5R7A/

"The Apple vs. Psystar lawsuit isn't going well for the "open computer" maker, as the judge in the California lawsuit has granted all of Apple's summary decision requests, and denied all of Psystar's."

Basically the judge denied Psystars claim under "first sale" doctrine, which gives the owner of a legally obtained copy of software the right to sell it. To simplify things, in Psystar's case they purchased the software, made copies without permission, and sold the copies so the judge sided with Apple. But it still isn't over as they are still going to court to figure out several issues including "Apple's allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition." You can read the full decision here.


Tuesday, October 6, 2009

Psystar Adds Fuel to the Fire

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://www.tuaw.com/2009/10/05/psys...ite-legal-woes/

"Legal issues? What legal issues? Psystar has announced that it plans to license its virtualization technology for OS X to third-party vendors despite its continuing legal issues with Apple."

Talk about poking the bear. What they are preparing to do is license third-party vendors to sell Psystar machines that have been certified to use the Darwin Universal Boot Loader to load OS X. Whatever you think of Psystar, they certainly aren't waiting around for the court case to end before they make some moves. The case is supposed to trial in January 2010.


Friday, July 3, 2009

Psystar Back to Business, For Now at Least

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://www.tuaw.com/2009/07/01/pyst...ing-applesauce/

"The infamous Mac-clone maker Psystar is apparently set to emerge from Chapter 11 bankruptcy, and it seems that they are planning on getting right back into their previous routine with a new hardware offering to boot."

Don't poke the bear comes to mind. But I guess when it's all you know, you go back to it. Psystar is just coming out of bankruptcy and instead of trying to figure out how they are going to get off the Apple radar, they offer some new hardware. Doesn't seem like a very solid business plan but perhaps they feel they can win, so they need to build up their legal defense fund.


Thursday, June 25, 2009

Apple and Psystar Finally Heading to Court

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://news.cnet.com/8301-13579_3-1...subj=News-Apple

"Apple wanted Psystar back in court, and now it's going to happen. An automatic stay of proceedings imposed when Psystar filed for bankruptcy in May has been lifted by the court, according court documents shared with CNET News."

The stay was lifted on Friday last week, by Southern District of Florida U.S. Bankruptcy Court Judge Robert A. Mark. What this means is that Apple is finally allowed to pursue Psystar in the copyright infringement case. The way Apple got it lifted was by agreeing not to collect any monetary damages against Psystar if Apple won the case, since Psystar is still involved in bankruptcy proceedings. Not that they would have been able to get any money from Psystar anyway, from the sounds of their financials based on previous stories, they didn't have much left in the bank.

Read more...


Wednesday, May 27, 2009

Psystar Files for Bankruptcy

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://arstechnica.com/apple/news/2...-bankruptcy.ars

"The now-beleaguered Mac cloner has filed for bankruptcy protection in federal court. Bankruptcy will put the suit with Apple on hold, and it's unclear if Psystar could continue to fund its case after the bankruptcy process is finished."

When we last checked in on the Psystar v. Apple situation, Psystar wasn't very forthcoming with information during the discovery phase of the lawsuit, incurring the wrath of the Judge. Guess that is all a moot point now that they are filing for Chapter 11 Bankruptcy. At least for now anyway; the temporary stay on the lawsuit proceedings can be lifted by the bankruptcy judge at any time, but I wonder if it will even matter. Could this be the final nail in the coffin of Psystar? Oh and Apple Legal Team? Don't worry about any slowdowns, I hear there is a company in Russian doing the same thing so it sounds like you will be kept busy!


Tuesday, May 12, 2009

Psystar v. Apple, An Update

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://arstechnica.com/apple/news/2...ancial-docs.ars

"After failing to provide detailed information about its money trail, Judge Alsup has given Psystar 10 days to produce the documents or face sanctions from the court. Psystar insists that it's a tiny company that has had trouble producing these documents, however."

This came after the discovery phase of the trial when certain documents just weren't being provided by Psystar. So the judge gave them a deadline in which they had to comply, after listening to excuses such as "we have a high turnover", "we just moved", "we are a small company" and so on. I have to admit that if I was the judge, I'd get pretty tired of the excuses, so this kind of activity doesn't look good for Psystar. Adding insult to injury, the CEO Rudy Pedraza couldn't even give the basic financial information about his own company.


Tuesday, February 10, 2009

Psystar Wins a Battle, But Not the War

Posted by Jeff Campbell in "Apple News" @ 10:00 AM

http://computerworld.com/action/art...3&intsrc=kc_top

"A federal judge last week ruled that Psystar Corp. can continue its countersuit against Apple Inc., giving the Mac clone maker a rare win in its seven-month-old battle with Apple."

Just one battle in this drawn out war that started when Psystar started selling their computers with OS X pre-installed, and Apple filed a lawsuit to stop them in July of 2008. Psystar then countersued, stating that Apple was breaking anti-trust laws by trying to block users and others from installing Mac OS X on non-Apple computers. And now, in this ruling, the judge is allowing Psystar to amend their countersuit, and switch it from "breaking" anti-trust laws to just "bending" them. So in all it's glory the lawsuit continues, stay tuned for the next chapter in this long and drawn out saga. I'm sure there is much more to come because I don't think that Psystar wants to settle, especially now that they have a win under their belt.


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