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Apple Wins Copyright Battle Against Psystar

Apple has successfully won a motion for summary judgment against Psystar Corp. which included the allegations of copyright infringement and breach of trust.

Judge William Alsup of the Northern District Court of California ruled in favour of Apple with a major focus on copyright. Apple had filed the suit in July 2008 when Psystar had begin shipping of its own computers, named ‘Open Computers’ with a copy of MAC OS X with them.

While Psystar maintained that it had the write to sell OS X according to the first-sale doctrine, the judge did not seem to buy the argument put forward by Psystar and said its edition was not made with the permission of Apple and hence it did not hold the right to sell it.

Although the Judge noted that Apple has not requested the injunction against the sale of Psystar’s products nor raised an issue over breach of contract or trademark dilution, he ruled in favour of Apple on accounts of contributory infringement, copyright misuse, and violation of the DMCA.

The judge has set December 14 as the date of next hearing when Apple will get the opportunity to request the kind of relief it plan to seek from the court.

Our Comments

Is it the end for Psystar as the tiny clonemaker loses a battle against mighty Apple? It seems that the latter ultimately decides who can and who cannot install its operating system. A software application, it is often forgotten, is very often a license granted by the developer rather.

Related Links

Apple wins attack of the clones

(The Register)

Apple Wins Big Against Psystar


Apple Wins Key Legal Round in Battle With Psystar

(The Wall Street Journal)

Apple Wins Hollow Victory In Psystar Ruling


Désiré has been musing and writing about technology during a career spanning four decades. He dabbled in website building and web hosting when DHTML and frames were en vogue and started writing about the impact of technology on society just before the start of the Y2K hysteria at the turn of the last millennium. Following an eight-year stint at where he discovered the joys of global tech-fests, Désiré now heads up TechRadar Pro. Previously he was a freelance technology journalist at Incisive Media, Breakthrough Publishing and Vnunet, and Business Magazine. He also launched and hosted the first Tech Radio Show on Radio Plus.