Report: Apple, Psystar Reach ‘Partial Settlement’
10:54 am, December 1st, 2009, Ed Sutherland
Florida-based Psystar and Apple will submit Tuesday a partial court settlement to the long-running Mac copyright-infringement legal battle, according to a report. Psystar, which had sold Mac clones based on Intel hardware with Apple’s Mac OS X operating system pre-installed, will pay unspecified damages.
The Cupertino, Calif. Apple has agreed to drop most of its legal challenge to Psystar, say reports citing documents filed Monday with a San Francisco court. The computer company also agreed to not pursue the damage award until all appeals are concluded.
“This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple’s copyright claims,” according to papers filed with Judge William Alsup.
The court documents, to be officially filed with the court Tuesday, hint Psystar hopes to keep its Rebel EFI application alive. Psystar told the court its $50 Rebel EFI application, allowing some Intel-based PCs to use Mac OS X 10.6 “Snow Leopard,” should not fall under any injunction awarded Apple. Apple lawyers have argued the clone maker was “trafficking in circumvention devices”, harming the Mac maker.
In November, Apple won a summary judgement from Alsup, who ruled Psystar had infringed Apple copyrights, violating the Digital Millennium Copyright Act. The summary judgement left unanswered Apple allegations that Psystar breached a contract, infringement Apple’s trademark, engaged in trademark dilution and other issues.
The lawsuit, which Apple filed in July of 2008, was set for a January 2010 trial date.
[Via AppleInsider and Gizmodo, 9to5Mac and Computerworld]
Posted by Ed Sutherland in News | Comment on this article
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So a partial settlement means that Apple has not fully 100% destroyed Psystar out of business.
How about all those Psystar investors who were duped? How about the foolish Psystar customers who were tricked into purchasing a Psystar machine? They were promised a Mac box that would run and be supported indefinitely? Haha! Will they demand a refund of their money?
Oh, and let’s not forget the older news: Psystar is already in debt to their army of (failed) lawyers, and already UNABLE to pay their previous lawyers, the ones they hired earlier this year. Does the bankruptcy filing protect them from having to pay legal fees to their attorneys?
bjorntech@squee.org, on December 1st, 2009 at 1:24 pm