Judge grants Apple permanent injunction against PsyStar

December 16, 2009

Is this the end for the Miami, Florida-based hackintosh assembler? There’s an outside chance company could continue as a PC maker, but a federal judge has permanently banned the company from putting together and selling computers that run Mac OS X.

On Tuesday, following oral arguments by both parties the previous day, U.S. District Judge William Alsup sided with Apple (AppleInsider) and issued a permanent injunction against PsyStar, barring the company from selling computers that run Apple operating systems.

Specifically, the court banned Psystar from:

” Copying, selling, offering to sell, distributing or creating derivative works of Mac OS X without authorization from Apple.

” Intentionally inducing, aiding, assisting, abetting or encouraging any other person or entity to infringe Apple’s copyrighted Mac OS X software.

” Circumventing any technological measure that effectively controls access Mac OS X, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers.

” Playing any part in a product intended to circumvent Apple’s methods for controlling Mac OS X, such as the methods used to prevent unauthorized copying of Mac OS X on non-Apple computers.

” Doing anything to circumvent the rights held by Apple under the Copyright Act with respect to Mac OS X.

Allsup avoided mentioning PsyStar’s $50 Rebel EFI, an application that allows a user to install and run OS X on non-Apple hardware, because he felt that such a ruling was outside the scope of the injunction. Still, the language used above would seem to indicate that the judge does indeed agree with Apple that Rebel EFI should be banned, as well.

As previously noted, PsyStar and Apple will continue to litigate elements of the case, including Rebel EFI, in a separate case filed by the Mac cloner in Florida.

So, is this the end of PsyStar? Here’s hoping that it is…

What’s your take?

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2 Responses to “Judge grants Apple permanent injunction against PsyStar”

  1. aquaadverse:

    Must be a big disappointment to some of the more fanatical Apple enthusiasts they weren’t bankrolled by Microsoft or Dell.

  2. Steve:

    It’s not entirely decided that there was no involvement by outside parties. It is still a possibility that Dell, Microsoft, or some other company was funneling money to Psystar. I am still very curious as to who was paying the bills for their legal defense, especially based upon the reports of the lackluster sales of their products.

    We may never know, or it may not happen until Apple takes over the assets and records of the company during the bankruptcy proceedings once Psystar’s appeals are exhausted and the judgement against them from the settlement becomes payable.

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