Apple (NSDQ: AAPL) won an appeal yesterday that confirmed it can stop others from selling clones of its popular computers. But the court als…
Despite Apple and Psystar having discussed a potential settlement in their drawn-out battle, the agreement was dependent upon the outcome of Apple’s (s aapl) motion for a permanent injunction. Yesterday, the California U.S. District Court responsible for ruling in the matter issued its decision, and the outcome is not favorable for the Mac clone maker.
Apple, however, will be very pleased with the ruling. The court granted Apple’s request for a permanent injunction, barring future sales of any machines with OS X pre-installed. It also prohibits Psystar from trying to get around Apple’s technological countermeasures put in place to prevent illegal copying and use of OS X, and from helping others try to do so. Read More about Apple Granted Permanent Injuction Against Psystar
In an unexpected twist in the drawn-out battle between Psystar and Apple (s aapl), the two companies agreed Monday to a partial settlement that could end the case after 17 months of back-and-forth between them, Computerworld is reporting. Details on the settlement are sparse, but what is known is quite surprising.
The terms of the settlement would see Psystar pay Apple damages, though the amount has not yet been determined. It would also see Apple drop any and all trademark, trade-dress and state law claims, which would effectively eliminate the need for a trial. As a partial settlement, the agreement would not go into effect until Psystar has exhausted all of its appeals before the court. Read More about Psystar and Apple Ink Settlement Deal in Copyright Case
It’s been a long, drawn out legal battle, but Apple (s aapl) is clearly winning by almost all accounts, and it just filed for a motion that could end Psystar’s party permanently. On Monday, the company filed a claim for a permanent judgment against Psystar that would stop the clone maker from selling any products at all, under the U.S. Copyright Act and the DCMA (Digital Millennium Copyright Act).
In other words, if you desperately want that Open(7), you’d better place an order ASAP, because you might never get a chance again once the decision comes down. The complaint, is based on the premise that Psystar is now “trafficking in circumvention devices,” which is causing “unquantifiable” harm to Apple’s image. Read More about Apple Seeks to Shut Down Psystar for Good With Permanent Injunction
This past Friday, your future ability to upgrade your Mac may have been significantly restricted. Psystar, the company that tried to create “open” Macs by running OS X on non-Apple hardware, suffered a quick defeat in its effort against Apple’s (s aapl) OS license restrictions.
No question this was a long shot and Psystar was going for the Hail Mary. Nonetheless, Apple’s arguments and victory in the case could have a chilling effect on any modification of Apple hardware and software. Will your next Mac be as locked down as the iPhone?
We euphemistically call gaining the ability to install any software on a iPhone “jailbreaking.” This allows you full administrative access to your iPhone to modify the software as necessary for your own use. You already purchased the iPhone hardware and a license for the Apple software necessary to run your iPhone–but are restricted in its use? Apple locks you out of making certain changes to your iPhone; every aspect of iPhone usage is controlled by Apple, yet Apple’s fickle and inconsistent App Store policies further complicate matters and virtually beg people to jailbreak their iPhone. Read More about Opinion: Psystar Ruling Could Have Set Precedent for Upgrading Your Mac
Apparently not content with just selling cloned Mac hardware in the form of PCs built out of components that are OS X friendly, Psystar, that perennial legal foe of Apple (s aapl), has now released a software program, too. The program, dubbed Rebel EFI, perhaps in an effort to stir the patriotic hearts of American and Star Wars fans alike, “allows for the easy installation of multiple operating systems on a single system.”
Despite the odd syntactical choice made by Psystar’s copy editor, the ramifications are clear: you should, in theory, be able to install Mac OS X on any old PC hardware. Not only that, but Rebel EFI also reportedly scans your system for compatible hardware and downloads all the appropriate drivers where they are available. Read More about Psystar Still At It, This Time With Software
If you thought bankruptcy would keep the industrious folks at Psystar from making any more Mac clones, you were sorely mistaken. Like a zombie rising from the dead with an insatiable thirst for lawsuits, the little clone-maker that couldn’t is advertising a brand new model of its “Open” line of computers on its web site today.
Not only that, but it’s also claiming that its bankruptcy filing was an unfortunate, but necessary, step toward ensuring its continued viability as a company. Maybe so, but how many of you out there are eager to order a new computer of questionable build quality from a bankrupt company engaged in an ongoing legal battle with Apple (s aapl), especially with notebook price drops in place, and similar desktop discounts rumored to be on the horizon? Read More about Psystar Returns From the Dead, Offers New Apple Knock-Off
Psystar, the company that drew attention to itself first by offering Apple (s aapl) clones for sale with OS X pre-installed, and then by facing off against the Cupertino, Calif.-based computer maker in court, is officially filing for Chapter 11 bankruptcy, according to The Mac Observer. For those keen on the subtle distinctions of having no money, Chapter 11 is the one where you still have to pay off some of your debt, whereas Chapter 13 is the really, really bankrupt, clean slate kind of broke.
The clone maker claims that its financial troubles aren’t due to the Apple legal battle, which is still unresolved, but instead the weak economy and supplier prices. Even if that’s true, it doesn’t really paint the Mac cloning game as a very appealing one for others watching the space. Some think the bankruptcy is related to financial backers finally pulling their support out from under the beleaguered company, which doesn’t look to be in a position to become profitable anytime in the near future, even if demand was higher for its products. Read More about Psystar Files for Chapter 11: Apparently, Drawn-Out Legal Battles With Apple Aren’t Lucrative
Apparently Psystar isn’t content to sit back and rest on their laurels (which consist primarily of being really good at making loud fan noise). Despite the ongoing legal battle between themselves and Apple (s aapl), they just released yet another addition to their line of Mac clones. The new machine, called the Open(3), is obviously meant to compete directly with Apple’s recently released Mac mini refresh.
And compete it does, when it comes to hardware specifications. The Open(3)’s base configuration includes a 2.8 GHz Core 2 Duo E7400 processor, 2GB DDR2 800 RAM, a 500GB 7200RPM SATA HD, and a GeForce 8400GS 256MB graphics card. All of which nicely one-ups the Mac mini’s specifications at the same price point of $599. Of course, you don’t get the same small form factor that you do with the mini, but you do get the ability to upgrade to a 1TB HD, add in an extra HD, and choose from a bevy of other options. Read More about Psystar Declares Gutsiness With New Apple Clone
With all the hoopla surrounding Psystar these days, a few other companies have jumped on board the Mac clone bandwagon. In some cases they’re using somewhat, shall we say, unique, methods. Still, the intent is clear: skirt Apple’s EULA and sell a solution that allows Mac OS X to run on generic PC hardware. In other words, swipe Apple’s IP.
Wired has a piece that discusses the cloning and how Apple may be powerless to stop it.
What bothers me most about cloning is the sheer hutzpah of those doing it. For example:
“We certainly don’t want to get into a legal battle that’s over a couple thousand dollars,” an EFIX USA spokesman said. “Potentially Apple could have a legal issue there. They may not have a legal issue, but with all the money they have they might try to make one.”
Apple could have a legal issue? Oh please.
Read More about Mac Clones: Where Does Apple Draw the Line?