Apple wins summary judgement against Psystar

A judge has ruled in favor of Apple in it's copyright-infringement case against Psystar, who build and sell Mac clones running Apple's OS X. According to CNET, the ruling does not include an injunction against Miami-based Psystar as Apple have not yet asked for one.

Apple and Psystar both requested a summary judgement, which is a determination made by the judge based on the case's merits. In his ruling, U.S. District Court Judge William Alsup wrote, "In sum, Psystar has violated Apple's exclusive reproduction right, distribution right, and right to create derivative works."

Cupertino-based Apple filed its suit in July 2008, just months after Psystar began selling the Mac clones. Psystar believed it was legally allowed to run Apple's Mac OS X operating system on non-Apple machines, however Apple denied this and stated that the end user license agreement permits use on Apple computers only.

The judge rejected Psystar's contention that it was fair use, stating that the company "does not even attempt to address the four factors used to determine fair use." The Miami-based company also contended that it fell under the "first sale" doctrine, which permits someone who buys copyrighted material to then sell it on. Alsup stated that this doctrine only applies to legal copies, not to "unauthorized copies" produced by Psystar.

Alsup also ruled that Psystar violated the Digital Millennium Copyright Act. "Psystar has violated the DMCA by circumventing Apple's protection barrier and trafficking devices designed for circumvention," he said. He additionally rejected claims that Apple had misused its copyright and that Apple's license was unduly restrictive.

There are still more claims that could go to trial, including breach of contract, trademark infringement and trademark dilution. A hearing for determining remedies is set for December 14th, while the trial is scheduled for January.

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