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.
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.
(The Wall Street Journal)