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November 30, 2009

Mac-cloner Psystar loses Apple lawsuit

Posted: 12:02 PM ET

Apple has won its copyright-infringement claim against the Mac cloning company Psystar.

Psystar sold PCs that ran Apple's OS X software. The computers functioned essentially the same as standard Macs, but were sold for less than Apple-built machines. Psystar argued that since the OS X software was legally purchased, the right of first sale allowed them to resell the operating system on custom-built computers.

However, the courts sided with Apple (pdf), and agreed that "customers were contractually precluded from utilizing Mac OS X on any computer hardware system that was not an Apple computer system." In addition, Psystar circumvented "lock-and-key technological measures to prevent Mac OS X from operating on non-Apple computers," which violates the Digital Millennium Copyright Act (DMCA).

Groklaw provides analysis of the court order and concludes:

That means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast.

The court's message is clear: EULAs mean what they say; if you don't want to abide by its license, leave Apple's stuff alone.

Psystar, which is also fighting a second infringement case in Florida, will likely appeal the decision, but for now it looks like you Snow Leopard fans will be forced to stick with Apple-approved computers. Or build your own Hackintosh.

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Filed under: Apple • computers • online news • piracy


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Mike C   December 9th, 2009 3:19 pm ET

To any of the idiots who claim that Apple is making a monopoly by only selling OS X on Mac hardware – are you aware that Microsoft has in the past made countless deals with retailers forcing them to only sell computers with Windows?

On another note, many people here have said that overcharges for their hardware, but that's really not the case. Apple uses very high-end parts.

PC manufacturers tend to gear their specs towards enhancing the ones that people look for and ignoring the ones that people don't understand. For example, people look at how much RAM, but they don't look at the speed or type of the RAM. Macs usually have much faster, more advanced RAM. This include the fact that a lot of Mac RAM is ECC (Error Checking and Correcting) which makes memory more stable, but is more expensive. Macs even have custom-made RAM that is built to special heating specifications so that the fans need to work less

Macs also usually include amenities that cheap PCs don't offer. Firewire ports, back-lit keyboard and dual-touch touchpad for Macbook Pro, etc.


Michael Perata   December 9th, 2009 5:17 pm ET

"Well Psystar screwed up with the copyright infringment, but dang Apple is so self centered if they even have a lock-and-key system."

What; are you a bunch of 12 year olds who feel entitled to rip off anything you think is yours because you think it should be free.

Apple is not a monopoly; it doesn't have enough share of the personal computer market (yes, a Mac is a personal computer) to affect the entire personal computer market. What they do have is a 100% control the Mac market and they want you to pay to play.

Your choice. Buy a Mac on Apple's term or don't. You have not been given the choice by Apple.


ithappens   December 9th, 2009 9:06 pm ET

i do find it hillarious when someone tries to argue apple is more open source.

oh and that guy that suggested microsoft should do a lock and key series of PC, yes please do us all a favor and find a short pier please.


Kevin Cassidy   December 10th, 2009 8:05 am ET

Apple won, as they should have.
Good.


Joe U   December 10th, 2009 10:51 am ET

Apple runs Windows on Bootcamp... Thus 'Computers' that are not apple should be able to run Mac OS X


Bill Gates   December 11th, 2009 8:53 pm ET

Well, I'm glad Apple learned from some of their mistakes.


Mac-Clone… Copyright Infringement? « Audio Technology   October 11th, 2010 2:04 pm ET

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