Psystar shot down in flames - Groklaw reports

Psystar just suffered a major blow in the California case. Here's the order [PDF]. 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....
Groklaw reports: "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."
Latest Stories on 9 to 5 Mac
- Apple patents the 3D Apple Store - Alice in Avatar-land
- Surprise: Warner admits iTunes sales slow on price hikes
- Apple ships Aperture 3: 64-bit, Snow Leopard/Intel only, 200 features, $199/£169 (demo available)
- What's coming to the Apple Store this morning?
- Apple Store Down. Can we has Core i7 MacBook Pros?
- Apple podcasts Mac advice video clips
- iPhone gains, BlackBerry loses US smartphone marketshare


Delicious
Digg
StumbleUpon
Reddit
Facebook
Google
Yahoo
Comments (48)
Jeez, why didn't this happen years ago? Good riddance.
Actually some of the events are moving fairly quickly. For details, check out:
Detailed analysis of the summary judgment against Psystar
http://obamapacman.com/2009/11/court-declares-psystar-admitted-counterfe...
Covering the case history, Psystar arguments, and why Psystar FAILs in court (so far).
Actually some of the events are moving fairly quickly. For details, check out:
Detailed analysis of the summary judgment against Psystar
http://obamapacman.com/2009/11/court-declares-psystar-admitted-counterfe...
Covering the case history, Psystar arguments, and why Psystar FAILs in court (so far).
I'm sorry but I don't think Apple is being fair. Psystar, for one, should never have taken Apple's OS in the first place, but I'd imagine that if the iPeople wanted to survive, they'd at least let in third party developers to create computers with Apple software on them. Instead, they create a walled garden, astronomically priced boxes, and a whole other bunch of issues...
I'm not saying Psystar is right to take what they did, but Apple is definitely wrong to lock up their OS like that. Linux forever.
There goes my hope of suing Tom Tom to allow their OS on my Garmin Hardware or me suing Nintendo to allow their OS on my PS3.
Thanks Apple!
Even though Apple's products are, by your estimation, "astronomically priced", they are a top 5 PC manufacturer. Amazing.
Fortunately, there are other manufacturers and OS's out there that you can choose from. I used an old IBM desktop with Fedora Linux and Open Office for years. That's a great option, and you'll save a lot of money and don't have to deal with a "walled garden".
And if you don't like it, you can improve it yourself. Perfect. Go for it buddy.
I'm happy with my MacBook, however.
... who doesn't understand the difference between a product having a high price point, and a product that's expensive. Just because you can't buy an Apple box for $300 doesn't mean that the $1000 box they do sell is bad value.
If you make honest comparisons between equally spec'd machines, the price difference is often negligible, and sometimes Apple isn't even the most expensive.
Fair? How does a couple of punks in Florida profiting from Apple's decades of R&D sound fair? Do you not have any respect for innovation or intellectual property? What a wimpy crybaby you are. Apple created Mac OS X to help sell their computers. That's the only reason it exists. It belongs to them and no one else. And guess what? It's working out for them. They don't have to worry about "surviving". Idiot.
STFU.
Apple tried that once before and it almost destroyed the company.
It's not Apple's prices that are "astronomically high", it's your salary that is "geologically low."
1) Focus, costs less than Audi, costs less than Ferrari.
Ferrari don't make cheap, reduced quality family cars, you don't see people moaning at Ferrari because they don't provide for the majority of people who want one but can't afford one..
2) Bedsit costs less than House, costs less than Mansion.
People don't rant and rave at estate agents demanding they offer houses for the price of bedsits, because they think houses are too expensive.
3) Dell, costs less than HP, costs less than Apple.
Apple don't make super cheap computers, they build luxury, state of the art ones, because they want to, and because people want them too.
If Macs were the only computers in the world then maybe I could understand people demanding lower priced ones, but they're not. If you think Macs are too expensive, don't buy one, and stop coming here to tell people WHO OWN MACS that they are too expensive. We already own Macs. It's like trying to persuade someone with a 10 ounce steak return it and ask for a ham sandwich instead, because it's cheaper.... No thanks, this Steak will do fine.
damn sraight. i dont own a mac. YET! for my pc needs a (PC) is fine.would love to have a mac book pro. talk about design and porfiency.
thats why i dont have a mac book. spending all my money on spelling lesons.lol
That's why you put up with Linux and I enjoy OS X. Do you think for a minute if Microsoft built a computer anybody else would be using Windows? Not Dell, Not HP, Not Acer. You'd probably be using a Commadore 64.
Read the Groklaw document. He addresses this topic. If you want free, unrestricted use of the code then use Linux. Apple sells proprietary code, and they have every right to make it proprietary. If you don't think it's good code, use something else. For my part, I think it's top-notch code. I also think they make top-notch hardware. I like what they sell. We do not have the right to mix and match, just because we wanna. That's just the way it is. It's not unfair. It's just life.
My apologies. That should read "Read the Groklaw document. SHE addresses this topic." Her articles don't have a byline. But a little perusal of the site turns up the fact it's written by a female paralegal. For anyone who thought paralegals were just a bunch of flunkies, that's an eye-opener.
But to all the trolls who haunt this forum for no better reason than their hatred of Apple, consider this: her treatment of the facts of the case has been very unbiased, to the point one might be tempted to think she's an Apple fangirl. But she seems to be a fairly hardcore proponent of Linux. And you know what that's okay. It doesn't offend me in the least. She has a well-considered preference. I don't feel any need whatsoever to troll the forums on her Linux articles, telling her the stupidity of her choices, telling her she's an idiot for following the wrong flag. So what the heck is with the trolls who keep coming here?
In a way, Apple is like a beautiful girl, and these trolls are like pimply faced 13 year old boys. They think about us every minute, and we don't pay much attention to them. If they can't get us to talk to them, then maybe a chance to annoy us will suffice.
Apple's being plenty fair. They built the company with a particular vision and decided to do business a certain way. I'd say it's working out ok for them. Perhaps it's "not fair" that everybody can't afford a mac, but it's not Apple's responsibility to make it affordable for everyone. However, you're in luck. There are a few solutions. You can make some money, suck it up and buy a mac. You can buy a pc with Windows 7 that mimics OS X in more ways than one. You can buy a refurbished mac that is put through an extremely stringent process to make sure it's as good as new. Or I suppose you could not use a computer at all. The choice is yours.
just another microsoft/bully.
You're just another cheapskate SOB that wants something for nothing.
Really? Please tell me you are joking about Apple being wrong for locking up THEIR OS. Go and do all the iCult- iPeople a favor and sing kumbaya with the other Linux/Ubuntu zombies on their blogs!
It seems to me that the iPeople are not just surviving, they are thriving.
They're thriving because they have incredible products which they've invested countless hours of R&D into! Apple is by no means a bully for protecting their IP as well as creating their "walled-garden". If you don't like the garden, then don't bother visiting it!!
Great news!
Judge Alsop's opinion is fairly strong on the derivative work claim. It is somewhat weak on the section 117 issue (the citations suggest that section 117 is a limitation on the right conferred) and shockingly weak on the distribution claim. Even so, there is not much of an issue on derivative work, so liability is a forgone conclusion. As for distribution, any time a court relies on a waiver-like issue as the sole basis for its decision it is vulnerable on appeal. In the end, the court essentially says it doesn't matter anyway because there is liability on the copying. In that case, Alsop best avoid awarding damages on the distribution claim (and would be better off hanging all copyright damages on the derivative work claim, but won't).
This case was very poorly litigated from Psystar's point of view. While there are very deep problems with what it has done, there are much stronger positions that could have significantly undercut the amount of damages it is confronting, especially under the DCMA. As it stands, Psystar might as well file a liquidation action tomorrow; its given the ninth circuit virtually nothing to work with. It is cooked.
Just to be clear, the judge writes:
So some people believe Apple should be forced to sell its OS to 3rd party PC manufacturers?
Is BMW forced to sell its engines to Kia for their cars?
Is Coca Cola forced to sell its formula to other soft drink manufacturers?
Is Hershey's forced to sell its peanut butter without the chocolate cups?
I still wanna know who was the driving financial force behind this fiasco. We all thought HP, we all thought Dell, even the perspiration king himself, Chief Ballmer. It can't just have been Psystar arrogance, could it?
Anyway, I upgraded to SL today. I'm a bit miffed that it doesn't support my ATI X1600 that well, but at least this MacBook Pro runs XP well. I'll probably upgrade to W7 next, and then buy a new MacPro when I can afford it :)
Bomb those MFs !!!!!!!!!!!!!!!!!! YAYYYYY !!!!!!!!!! HAppy Days !!!!!!!!
Bomb those MFs !!!!!!!!!!!!!!!!!! YAYYYYY !!!!!!!!!! HAppy Days !!!!!!!!
I don't understand why people are griping about Apple's computers not being affordable. It's Apple's products, and they could sell it for whatever they want. In the long run, it's the market's demand that will dictate the prices. Which is the sole purpose of the cheap entry price point of the Mac Mini. Looking at the Mini's specs, the $600 price point is really reasonable...especially considering it uses a Core 2 Duo. You could spend $500 on a cheap Compaq PC at Staples, just marginally cheaper, and all you're getting is an out-dated Pentium D or Athlon processor with Windows Vista....all housed in a gargantuan ugly black plastic case. Or if $600 is still too much, Apple also sells refurbished Mini's for $500.
Thanks!