Psystar Files Appeal to Ninth Circuit May 18, 2010
I have to admit, I’m starting to feel a bit lethargic when it comes to the progression of the Apple v. Psystar case(s). If you’re lost, check out the full docket at Groklaw. This all relates back to the Psystar’s 2008 sale of non-Apple-labeled computers, fully loaded with Apple’s OS X. This was brazenly done in (apparent) violation of Apple’s End-User License Agreement (“EULA”) which prohibits third-party installations to non-Apple hardware. Apple wasn’t as excited as the rest of the technology blogosphere and filed suit in the Northern District of California.
Psystar brought up a number of interesting legal arguments about the enforceability of EULAs, in spite of well established case law contrary to their theories, and took some heavy damage in the District Court. The result was a partial settlement (for $2.7M), a permanent injunction, and a summary judgment granted in favor of Apple.
Now enters the appeal. Since the opening brief is filed under seal, we don’t know what they are planning on arguing, and we won’t have any idea if the Ninth Circuit will even hear the case for some period of time.
Hat tips (and belated birthday wishes) go to Groklaw for their extensive coverage on all things Psystar.
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