Psystar permanently banned from selling Mac clones

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We’ve all been gleefully following the seventeen month legal battle between Apple and Mac clone maker Psystar, but it looks likes the credits are finally about to roll. Yesterday, United States District Judge William Alsup granted a permanent injunction to Apple that will prevent Psystar from ever again selling hardware with Apple’s operating system already installed.

The injunction prevents Psystar from:

• Copying, selling, offering to sell, distributing or creating derivative works of Mac OS X without authorization from Apple.

• Intentionally inducing, aiding, assisting, abetting or encouraging any other person or entity to infringe Apple’s copyrighted Mac OS X software.

• Circumventing any technological measure that effectively controls access Mac OS X, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers.

• Playing any part in a product intended to circumvent Apple’s methods for controlling Mac OS X, such as the methods used to prevent unauthorized copying of Mac OS X on non-Apple computers.

• Doing anything to circumvent the rights held by Apple under the Copyright Act with respect to Mac OS X.

The only thing still left up in the air is whether or not Psystar can continue to sell their $50 Rebel EFI software, a $50 application which makes installing OS X on Intel-powered PCs a breeze. Alsup seemed inclined to agree with Apple that Rebel EFI is a “circumvention device” and thus a violation of the DMCA, but since Psystar deftly avoided explaining the software in court, Alsup refrained from ruling on it… though he did take the opportunity to issue a warning.

“Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict,” Alsup said. “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 in contempt if its new venture falls within the scope of the injunction.”

In other words: Psystar, don’t be idiots. Again. You’re already $2.7 million in the hole.

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