Apple wins Psystar Mac clone case


So not only Microsoft with it operating system windows are the “bad guys” from a P2P advocate point of view. Apple with Mac OS X is just as bad.  


Judge rules Psystar violated Apple copyright

David Neal, 16 Nov 2009

A US court has ruled in favour of Apple at the close of a long-running legal battle with Mac clone maker Psystar.

Psystar was accused of violating Apple’s copyright when it installed the Mac OS X operating system on Intel-based computers.

Apple took Psystar to court 18 months ago, accusing the manufacturer of infringing its copyright and breaking the Digital Millennium Copyright Act.

“Mac OS X on both Mac computers and the DVD are covered by software licence agreements that provide that the software is ‘licensed, not sold, to [the user] by Apple Inc’,” Apple said in court documents.

“Apple’s licence agreements restricted the use of Mac OS X to Apple computers, and specifically prohibited customers from installing the operating system on non-Apple computers.

“In brief, customers were contractually precluded from utilising Mac OS X on any computer hardware system that was not an Apple computer system.”

Psystar had been selling PCs with Apple’s Snow Leopard pre-installed, along with software tools that let users run Mac OS on any machine.

However, a US District Court judge ruled that Psystar had infringed Apple’s exclusive right to create derivative works of Mac OS X by replacing original files in Mac OS X with unauthorised software files.

“Specifically, it made three modifications: (1) replacing the Mac OS X bootloader with a different bootloader to enable an unauthorised copy of Mac OS X to run on Psystar’s computers; (2) disabling and removing Apple kernel extension files; and (3) adding non-Apple kernel extensions,” the judge said.

A hearing to determine the ‘remedies’ for the case will take place on 14 December.




One Response to “Apple wins Psystar Mac clone case”

  1. rlinton Says:

    Ok so we can identify the bad guys and the good guys, but the question remains, what can we do about it? Maybe it’s worth considering this in the light of the post “Aduino Open source Hardware”. Clearly, in this case allowing, in fact facilitating cloning hasn’t harmed these businesses. I wonder how much Apple really would have lost if the opposite ruling had been made?

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