The Download Squad Brief: Apple v Psystar

Filed under: Hardware, Macintosh, Apple, Commercial

The Battle of Apple vs Psystar has played out in the courts and the blogosphere over the past year and has pitted the personal computing giant against open source community and consumer advocates determined to test the boundaries of the legal protection of software.

Psystar is a Miami based company in the business of producing Apple clones by installing OS X and Snow Leopard on Intel desktops under the brand name 'Open Computers'. Unfortunately for Psystar and other potential clone manufacturers, Apple doesn't have an official clone program and last year sued Psystar, alleging that Psystar was breaching Apple's copyright in the OSX code and that it was in breach of the end-user license agreement (EULA) of the software.

In a big slap on the wrist of Psystar, last month the District Court of Northern California issued a summary judgment in the case concluding that the company was in breach of Apple's Copyrights and in violation of the Digital Millennium Copyright Act, while holding over questions regarding breach of contract and breach of trademark rights until the trial proper.

As a result of that summary judgment, Psystar has now agreed to a settlement that is reported to be in excess of $2.5 million with Apple, but has signaled that it plans to keep pressing on with its appeal and the anti-trust case that it has launched against Apple in the Florida courts. Further, Psystar's settlement is only payable in the event that Psystar can't make its appeal stick, so the company is keeping its options open for further legal action.

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The Download Squad Brief: Apple v Psystar originally appeared on Download Squad on Thu, 10 Dec 2009 14:00:00 EST. Please see our terms for use of feeds.

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