Apple says Psystar destroyed evidence
Although it isn’t clear that the Miami, Florida-based Mac cloner has indeed made potentially incriminating information “go away,” a ruling in Apple’s favor could lead to a quick end to the company.
The geeky legal beagles at Groklaw (via The Inquirer), perhaps the only organization anywhere on the planet that could possibly make copyright law seem even marginally sexy, report that Apple has filed a brief with the court in its ongoing copyright infringement case against PsyStar that claims the “illegal” Mac cloner has destroyed evidence:
Defendant, Psystar Corporation, has destroyed relevant evidence that it was legally required to preserve. Specifically, Psystar has overwritten — i.e., erased — infringing versions of the software code used on computers sold to its customers.
Specifically, the court had issued an order that the Miami, Florida Hacintosh maker maintain all records, code and information relating to how it altered OS X, etc in order to install on non-Apple software. This information goes to the heart of Apple’s contention that PsyStar broke software locks put in place specifically to prevent the installation of OS X on unauthorized hardware.
A greasy spot in the road…
Of course, the removal or altering of software locks or encryption violates the Digital Millennium Copyright Act (DMCA). Thereupon destroying evidence of such a crime and a ruling in Apple’s favor on the issue could see sanctions, fines, etc. levied against PsyStar before the the copyright infringement case against even comes to coutr, bringing the company, which has already been in and out of bankruptcy once this year, to a quick and inglorious end.
Here’s hoping that’s exactly what happens and soon…
What’s your take?
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