Apple Wins In Court, Psystar Left Twisting in the Wind

An article on Groklaw today, gives the news that Psystar, the company that believed it could take on the lawyers of Cupertino, where others had failed, has been left with no legal standing for any of its ventures, whatsoever.

Psystar just got what’s coming to them in the California case. Here’s the order [PDF]. It’s a total massacre. Psystar’s first-sale defense went down in flames. Apple’s motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal.

Psystar’s motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse.

There are still issues remaining for trial, despite Psystar’s attempt to present everything now as being moot. Here’s what’s left to be decided at trial: Apple’s allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition. See anything on that list that will be helpful to Psystar?

So 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. Psystar’s only hope now is Florida, and frankly I wouldn’t bet the house on that one. Judges notice if you were just found guilty of a similar cause of action in another state.

You’re surprised? I told you, I told you, I told you. So, to those who feel crushed at the moment, there could be an appeal, I suppose. And if you want freedom for your code, you certainly can find it on Planet Earth. Look in the right direction. You’ll be happy you did, because you can hack away to your heart’s content, and it’s perfectly legal. 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.

We have the order for you as text.

So it looks as though the only way to have a Hackintosh is, once again, by being a lawbreaker. The little apple must be on the case of the computer that runs OS X, and that appears final.

I wonder how many computers Psystar delivered, and what will happen to those customers. Will they be out in the cold after the next revision? Will they be offered a genuine Mac, at a small discount after surrendering their Psystar machine?

If enough people really wanted to do something about this, they could work with, or otherwise support, the now dormant Darwin project. Or perhaps some enterprising people will design an OS X face for FreeBSD, which, in my opinion, would be better (as long as you’re not going to buy Apple hardware). FreeBSD works great, and has great numbers of components that are supported with drivers.

As the Groklaw story said : What? You’re surprised?

Perhaps they should have named it Pseudostar.


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