Apple has won a permanent injunction against Psystar preventing the company from selling its preloaded Mac OS X machines.
The court orders that Psystar is now prevented from the following:
1. Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff's copyrighted Mac OS X software without authorization from the copyright holder;
2. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff's copyrighted Mac OS X software;
3. Circumventing any technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
4. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
5. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.
Psystar must come into compliance by December 31, 2009 at the latest and take the quickest path to compliance. It seems this order marks the end of Psystar as well as the hope of any other company from following in their footsteps.
In early December Psystar and Apple entered into a partial settlement in which Psystar agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded. Apple agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims.
The wording of this court order seems broad enough to restrict Psystar from selling their Rebel EFI software as well. The Rebel EFI utility facilitates installation of Leopard or Snow Leopard on an individuals system.
Read More [via MacRumors]
The court orders that Psystar is now prevented from the following:
1. Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff's copyrighted Mac OS X software without authorization from the copyright holder;
2. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff's copyrighted Mac OS X software;
3. Circumventing any technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
4. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
5. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.
Psystar must come into compliance by December 31, 2009 at the latest and take the quickest path to compliance. It seems this order marks the end of Psystar as well as the hope of any other company from following in their footsteps.
In early December Psystar and Apple entered into a partial settlement in which Psystar agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded. Apple agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims.
The wording of this court order seems broad enough to restrict Psystar from selling their Rebel EFI software as well. The Rebel EFI utility facilitates installation of Leopard or Snow Leopard on an individuals system.
Read More [via MacRumors]