From the words of judge Alsup in the California case it became clear that Psystar’s infringing activity came forth from the rather complex method with which it installed Leopard, which required multiple copies to be made – mind, this was before the days of boot-132. What is interesting is whether or not the infringing really is the same.
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“Apple should not be required to file a new lawsuit to stop Psystar from infringing Apple’s intellectual property each time Apple releases a new version of Mac OS X,” Schiller said, “Requiring Apple to file multiple lawsuits to stop the same infringing conduct would be unfair, expensive, and a waste of the Court’s and the parties’ resources.” Even Apple’s senior vice-president for worldwide product marketing, Phil Schiller, deigned this motion worthy enough to append a personal note. I guess it’s pretty obvious in which category I belong. This either makes you feel righteous and proud, or it makes your stomach uneasy.
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Psystar’s conduct, if permitted to continue, will both tarnish Apple’s reputation for excellence and lead to the proliferation of copycats who also will free ride on Apple’s investments, infringe Apple’s intellectual property rights and cause further irreparable injury.” “Psystar’s whole business is premised on stealing from Apple,” Apple argues, “Psystar pirates Apple’s software, circumvents Apple’s technological protection measures and illegally benefits from the good will and reputation Apple has built. In addition, Apple asks for 2.1 million USD in damages from Psystar. This would also cover the Rebel EFI package.
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More specifically, Apple is asking for a permanent injunction, forbidding Psystar from selling any computer with Mac OS X pre-installed. This second case is the result of an error on Apple’s end, as the computer maker successfully argued that Snow Leopard should not be part of this case – giving Psystar the opportunity to file a separate, Snow Leopard-focussed lawsuit. The Florida case hasn’t really started yet, but Apple thinks it should be either dismissed, or transferred to California. Apple more or less wins California case hands-down, but it only covers Leopard (by Apple’s own request). Psystar sues Apple in Florida over Snow Leopard. Psystar offers non-Apple labelled machines with Mac OS X Leopard installed. Through this motion, we also gain some juicy insight into Psystar’s sales projections – and more interestingly, how many machines the clone maker actually sold.Ī small recap might be in order. Apple is also asking for a permanent injuction against Psystar. As it promised it would do, Apple has now asked the court in California to either dismiss the Florida case, or transfer it to California. Psystar, is more or less a done deal, but the Florida case, Psystar vs. We’ve got some progress in the other legal case Apple is involved in.
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