Apple, Psystar reach partial settlement in copyright case

By on December 1, 2009, 10:31 AM
The long-running legal battle between Apple and Psystar has taken yet another unexpected turn today. Not long after being found guilty of copyright and DMCA violations in a summary judgment, the unauthorized Mac clone maker has apparently inked a partial settlement deal that will only be called upon should all of their appeals fail.

The deal calls for Psystar to pay an as-yet unspecified amount in damages to Apple as well as cease pre-installing OS X onto their computers. In return, Apple is said to be dropping all "trademark, trade-dress and state law claims," thus removing the need to go to trial. Interestingly, this may not prevent sales of OS-free machines, onto which Psystar hopes customers will be able to load OS X themselves using their Rebel EFI software tool.

The company submitted a motion to exclude Rebel EFI from any injunction, arguing that it is sold separately from computers and does not contain any infringing code. Of course the tool's sole purpose is to enable the installation of Apple's operating system on non-Apple hardware, so chances of excluding it from any injunction seem slim. Apple has until December 7 to respond to Psystar's arguments in the partial settlement filing.

User Comments: 14

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compdata compdata, TechSpot Paladin, said:

I like Apple's OS, i like Apple's products, but anyone who is under the illusion that Apple isn't just as cutthroat as Microsoft is blind. They try to block anyone and everyone from selling software and hardware that they don't get a piece of the revenue for. No wonder they are mad about this as you can spec the same computer hardware that comes with a Mac for 1/2 the price. Maybe you don't get their "designed in california" logo, but you still get the same Chinese child labor building your computer.

Heretic said:

It's not just corporate safe-guards or anything like that. The biggest problem comes from the fact that so many ideas have been copyrighted in the making of the Mac OS and Windows OS that it's very hard not to cross a few infringement lines. I feel bad for fledgling companies that might have a potentially good product but get squashed by competition and copyright suits.

PUTALE said:

I would think taht Apple does not want to completely block psystar but maybe charge them a bit of fee for installing their OS. We all konw mac really does not make that much money off the software but hardware.

Heretic said:

PUTALE said:

I would think taht Apple does not want to completely block psystar but maybe charge them a bit of fee for installing their OS. We all konw mac really does not make that much money off the software but hardware.

....what? Have you seen their Photoshop Suite? Or their Adobe suite? I've seen those running for over $1000. They're definitely making money both on their hardware AND software. And if you think Apple wants competition, I think you're being a little bit naive.

SNGX1275 SNGX1275, TS Forces Special, said:

Are you referring to Aperture? Or did you really mean Photoshop and some other Adobe products? Apple doesn't make any money off the sales of 3rd party software.

Now if you are talking about Aperture, Final Cut Studio, Logic Studio, ect then sure they are making money on those, but those are professional software packages.

Guest said:

compdata, are you sure you aren't suffering from Apple envy?

Sure they do their best to protect their revenue source like ALL companies virtually by definition.

Sure their hardware can "seem" expensive. But there is an awful lot of value that comes with that price tag...

a) An excellent OS that M$ has been trying to copy since the beginning.

b) A Christmas List supply of very very well written and useful applications.

c) ZERO ad-ware, trial-ware, crap-ware, snail-ware that the pc clone makers flood your "new" machine to make it "appear" cheap but just leave you with a compromised Windows OS right from day 1.

d) An absolutely stunning design that cheers you up just to look at it - a work of art really - and believe me, most of us spend a great many hours having to stare at our computers so it makes a bigger difference how it looks and feels than we might imagine.

e) Vastly improved environmental efforts. Currently the best in the business.

f) People keep and use their macs for YEARS longer than PC Clones in many cases. I have friends happily using their G3-based 6 year old mac laptops. That in itself helps the environment and saves you a lot of money and headaches.

g) Runs Windows like a champ either natively or integrated (fusion or parallels). Better than any of the PC Clones I have.

Well that's the stuff I think you left out. I do agree with you on the Chinafication stuff. Sadly, it seems virtually all computer makers (and SO many others) have succumbed to this disease. A terrible tragedy for the all of us in the long run I think. We all need to play our part in the cure by doing our best to source what we buy and avoid the "Made In China" syndrome as much as possible. That tyrannical Chinese government is a plague to all our hopes for a better future ( in addition to our own greed and stupidity :( of course ).



Razerblade said:

You would think Apple would want other people selling their products as they would make more money! Look at Microsoft, they have thousands of resellers whereas Apple only have themselves!

saintbodhisatva said:

Interesting that Apple is dropping "trademark, trade-dress and state law claims," charges against Psystar. I Wonder what really went on with that settlement.

WakeMO said:

Lay down the hammer Apple. If you want a mac you got to pay.To Razerblade- Thats what makes Apple great. They cover all aspects of the buisness and don't rely on other companies to display their products weakly.

kaonis92 said:

Another victory for Apple...Has anyone used Rebel EFI to install mac os x on a pc? Has it worked?

Fada said:

All they have to do is sign the agreement which will obviously include rebel efi and then change the name of rebel EFI to "suck it apple" and continue!

BlackIrish said:

kaonis92 said:

Another victory for Apple...Has anyone used Rebel EFI to install mac os x on a pc? Has it worked?

I've only tried the trial/demo version in Vmware but it didn't work. Though that's probably due to VmWare, not Rebel EFI...

AbsolutGaloot said:

I guess I can see why apple wouldn't want knockoff companies sullying their reputation, but dang. Psystar wouldn't be in a position to be sued if their stuff didn't sell, and Apple wouldn't have to waste the resources on a lawsuit if they just priced their products reasonably.

buttus said:

I am shocked that these two reached an agreement. Apple is notorious for being brutal when it comes to litigation and stop at nothing less then the total destruction of anyone they have a dissagreement with.

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