Apple & Psystar try to avoid trial in 2010

Apple and Psystar this week both requested summary judgements in the ongoing legal battle about Psystar's legal right to produce and sell Macintosh clones.

In its motion for summary judgement, Apple has requested that Judge William Alsup find that Psystar infringed its copyrights, thereby violating the Digital Millenium Copyright Act, when selling its unofficial macintosh machines. Apple claims that by circumventing its operating system disc protection methods, Psystar is in breach of the law.

Psystar, on the other hand, asked in its motion for summary judgement that Judge Alsup consider a range of evidence inlcuding exerpts from dispositions from several Apple executives, including Senior Vice President of Worldwide Product Marketing Phil Schiller, and end user license agreements (EULA) for both Mac OSX 10.5 and Mac OSX 10.6.

Two hearings have been booked for November 12. Depending on the outcome, these hearings may determine whether or not Apple and Psystar will need to go to trial, currently scheduled for January 2010.

Psystar have generated a lot of media coverage in the case, particularly in July when the business hired a new legal defense team after emerging from bankruptcy earlier in the year.

Earlier this week, Psystar announced its intentions to license its virtualisation technology to third parties, which will allow other manufacturers to produce machines capable of running Mac OSX.

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