Judge rules for Apple, copyright case against PsyStar to proceed

June 23, 2009

Mounting legal fees had forced the Miami, Florida-based Macintosh clone maker to declare bankruptcy. However, like the boy who killed his parents and then pleaded for leniency because he was an orphan, any reprieve would be short lived at best.

MacObserver reports that PsyStar has suffered a new and perhaps fatal blow — the Judge overseeing its bankruptcy case in Florida granted Apple’s Motion for Relief From Stay. Thereupon, barring an unlikely successful appeal, the copyright infringement case against authorized cloner will resume immediately.

“This means that the infringement case of Apple v. Psystar in the U.S. District Court for the Northern District of California shall resume immediately, unless Psystar makes a timely appeal of Judge Mark’s decision to U.S. District Court for the Southern District of Florida or the Bankruptcy Appellate Panel,” said an anonymous source familiar with the case. “I doubt that an appeal would be successful, and the prospects for a motion for reconsideration are even worse.”

This is just the latest in a string of setbacks for the maker of Mac clones. Previously, the judge in the copyright case had invalidated Psystar’s defense strategy and granted Apple’s motions seeking to unveil the Florida company’s financial backers.

Here’s hoping the case now proceeds expeditiously to its logical conclusion…

What’s your take?

See also>
Psystar cuts bait, files for Chapter 11 bankruptcy/a>
PsyStar refreshes chutzpah, rolls $599 mini tower
Top 10 reasons PsyStar should be allowed to pirate OS X
Apple seeking 10 ‘John Does’ in expanded PsyStar filing

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