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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23 Comments

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Which is exactly why Windows became so popular: the availability of cheap IBM clones running Windows. I wonder if it is a mistake on Apple's part to sue all Mac clones.

Apple did start licensing their OS to other companies once, and they were doing rather well until Steve Jobs returned and put a stop to it.

Not sure I understand. Why on earth would anyone want to run Mac OSX on another system? There's virtually no software for it. I always thought the goal was to run Windows on a Mac so Apple owners could access the tons of software they normally couldn't run.

Here too I can't understand. If you want to run all that great software then why buy a Macintoy? Why not just by a computer?

Exactly thats why apple has made some inroads rather small ones I say Because now they have a pretty expensive overpriced pc ....that can run windows on it ....Ummm all you sandal clad apple lovers didn't anyone tell you yet you just bought a pretty pc ....thats no different than a hp or compaq.....

There's also quite a bit of software for the Mac that is not available for Windows, and many of those programs are very good. It is sort of like the difference between a PS3 and an Xbox360. Yeah, both do basically the same things, and both run a lot of the same software (games in the case of the consoles), but each also has a few great exclusives as well.

with the quality of some of the OEM's hardware it will not be a bonus.. being a former MS tech support it was amazing how much of the problems with peoples pc's where induced by the OEM buying low quality hardware and then bloating it up with crap. Then telling the customers its MS issue cause they could not fix it under warranty. Buy from Apple and there is only one person to call for any issues with hardware or software.

Apple-a-Day said,
with the quality of some of the OEM's hardware it will not be a bonus.. being a former MS tech support it was amazing how much of the problems with peoples pc's where induced by the OEM buying low quality hardware and then bloating it up with crap. Then telling the customers its MS issue cause they could not fix it under warranty. Buy from Apple and there is only one person to call for any issues with hardware or software.

How wonderfully delusional. How is Apple not basically an OEM as well? It doesn't mke all their own components either, you know.

Which hardware? I agree there is a lot of substandard equipment available, but I build my personal computers with the same thing Apple does: Intel boards/processors, name-brand memory and hard drive. And you really shouldn't be telling people that bad hardware is Microsoft's issue unless it's a mouse or keyboard from Microsoft. They're not responsible for others' shoddy hardware any more than Apple is.

so if psystar has their way, there will be not just one psystar, but as many as there are people who want to do the same thing? go psystar!