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Apple Wins Summary Judgement Against Psystar In Copyright Infringement Case

Photo: bloomsberries/flickr)

Photo: bloomsberries/flickr)

Be careful what you wish for. That may be the lesson Florida-based Psystar received after a judge issued a summary judgement in favor of Apple. “Psystar infringed Apple’s exclusive right to create derivative works of Mac OS X,” the court ruled.

Judge William Alsup denied Psystar’s motion for a summary judgement alleging Apple’s End User License Agreement was a form of copyright abuse. Alsup also ruled Psystar violated the Digital Millennium Copyright Act by installing a version of Apple’s OS that would run on the company’s computers.

“Specifically, [Psystar] made three modifications: (1) replacing the Mac OS X bootloader with a different bootloader to enable an unauthorized copy of the Mac OS X to run on Psystar’s computers; (2) disabling and removing Apple kernel extension files; and (3) adding non-Apple kernel extensions,” the judge wrote in a San Francisco ruling issued Friday.

Although the summary judgement deals a blow to Psystar on the copyright infringement issues, a number of other areas remain for a Dec. 14 court hearing and January 2010 trial date.

The legal battle between Apple and Psystar has had a number of twists and turns. In October, the Florida company started licensing its virtualization technology to hardware vendors, the Psystar OEM Licensing Program allowing Mac OS X 10.6 to run on Intel-based machines other than those built by Apple.

In September, a member of Psystar’s defense dropped out, months after the Florida company hired new legal help.

Earlier this month, the two brothers behind Psystar – Robert and Rudy Pedraza – were profiled by the Miami New Times.

[Via AppleInsider, MacRumors and Groklaw]

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About the author

Ed Sutherland

Ed Sutherland is a veteran technology journalist who first heard of Apple when they grew on trees, Yahoo was run out of a Stanford dorm and Google was an unknown upstart. Since then, Sutherland has covered the whole technology landscape, concentrating on tracking the trends and figuring out the finances of large (and small) technology companies.

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5 comments

    Oh well, I suppose the founders of Psystor will be off to do something more useful, like racteering or money laundering!

    About time this bloody stupid case was brought to a conclusion!

    actually this only solves one case. they have separate ones for Leopard and Snow Leopard AND Apple filed a suit on all sorts of trademark charges.

    so it’s not over, but this wound will likely end things sooner than before.

    It’s about time.

    @Charli – This finding sets a precedent, and that will go a long way in the other cases they have on the table with Psystar.

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