Apple has scored another victory in its ongoing legal battle against Mac-clone maker, Psystar. In a summary judgment
delivered this past Friday, November 13, Judge William Alsup ruled that the Miami-based startup "violated Apple's exclusive reproduction right, distribution right, and right to create derivative works" by bundling OS X with its unauthorized Mac clones.
Furthermore, Alsup ruled that Psystar violates the Digital Millennium Copyright Act by circumventing Apple's software protections that block its software from being installed on third-party hardware. He also rejected the company's contention of fair use and "first sale" doctrine, rejected claims that Apple had misused its copyright and tossed out claims that Apple's license was unduly restrictive.
The summary judgment pretty much obliterates Psystar's entire line of defense and sets the mood for the upcoming January 2010 trial, with apparently a few more claims still to be challenged in court, including breach of contract, trademark infringement and trademark dilution. A second hearing to determine what sort of relief Apple can ask for is scheduled for December 14.