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Summary:

Despite Apple and Psystar having discussed a potential settlement in their drawn-out battle, the agreement was dependent upon the outcome of Apple’s 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 […]

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Despite Apple and Psystar having discussed a potential settlement in their drawn-out battle, the agreement was dependent upon the outcome of Apple’s 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.

While it sounds like this injunction might extend to the Rebel EFI software that Psystar has been selling to help users put OS X on machines themselves, it isn’t expressly forbidden. Judge William Alsup warns, though, that doesn’t necessarily mean Psystar is in the clear. Instead, he emphasizes the risks inherent in continuing to sell Rebel EFI, as reported by All Things Digital:

Rebel EFI will not be expressly excluded from the terms of the injunction. It should be clear, however, that this ruling is without prejudice to Psystar bringing a new motion before the undersigned that includes real details about Rebel EFI, and opening itself up to formal discovery thereon. This would serve the purpose — akin to a post-injunction motion vetting a “design-around” in a patent action — of potentially vetting (or not vetting) a product like Rebel EFI under this order’s decree. Moreover, Psystar may raise in such a motion any defenses it believes should apply to the factual circumstances of its new product, such as the 17 U.S.C. 117 defense raised in its opposition and at oral argument. Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict. What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself held in contempt if its new venture falls within the scope of the injunction.

The injunction takes effect immediately, but Psystar has been given until Dec. 31 at the latest to cease all of its sales operations. That’s an outside limit, though, and the judge told the company to stop within the hour if at all possible.

I’m glad this thing is basically over. While I’m not sure I agree with the degree to which OS X is a closed system, all Psystar really proved was that once you take quality control and attention to detail out of the hands of Apple, things rapidly start to go downhill. Despite recent problems, it’d be a shame to see what tends to be the much more reliable Mac experience go the way of the PC, with its HPs, Compaqs, and low-end Acers.

  1. If you go to Psystar’s website, it shows that every computer that they sell is “out of stock”.

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  2. joejoetheidiotpet Wednesday, December 16, 2009

    What a shame. Too bad they could not win, that might have forced Apple to start making a version that runs on PC’s. Oh well, people that really are smart can still use the OS X86 Community to build themselves a great Hackintosh if they want one. It is like anything in this world, shut down one, another appears in it’s place, take torrents, they have tried and tried to shut them down, one goes down another comes up in it’s place. But wait, we always have moral justice right? in the end the creator is going to reward the good people that follow the rules and punish the bad people, LOL! The only problem is there are no good people in this world.

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    1. I’m glad Apple smacked them down. If Apple chooses to license their OS, that’s one thing, but if piss ant companies like Psystar are going to circumvent the law, and pirate Apple’s intellectual property, that’s WRONG! If someone wants to buy Mac OS X, and then build a hackintosh, that’s their choice. I might even try it myself if I get bored enough. What I won’t do is try and sell my hacked version of Mac OS X as if it’s my creation. That’s what Psystar did. There’s nothing monopolistic about protecting your creation. If some people are too damned cheap to pay for a Mac, then let them build a hackintosh. Apple should have to give in and support every cheap bastard who doesn’t want to buy a Mac.

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    2. joejoetheidiotpet Thursday, December 17, 2009

      Howie,

      It is not so much being cheap to me. I have owned Mac’s my whole life. As of the last 3 years, I owned a G5 1.6 a G5 Dual 2.0 and a Mac Pro Quad 2.66 all at the same time.

      Last year I sold all of these. Two where ancient technology and the other I paid close to $2700. Sold them all and built a Hack Pro for $830 dollars. Ran geek bench on it and it was just as fast as the Mac Pro.

      Where is the justification for such a huge price difference? Yes they created the operating system. Scratch that, they built on the open source core and added there own GUI. That is the difference, but why do I have to pay so much more for hardware they did not create, Intel did and other PC motherboard companies? Explain that one too me?

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  3. Another small company crushed by the behemoth company. Weeding out the startups makes way for the monopolies!

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    1. joejoetheidiotpet Thursday, December 17, 2009

      I like your take on things, seems closer to the real truth.

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