Psystar Files Appeal to Ninth Circuit
According to Groklaw, Psystar has filed their appeal to the Ninth Circuit via mail under seal.
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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Posted in: Links on May 18, 2010
Psystar Appeals
Psystar has appealed the summary judgment for Apple and permanent injunction. It will be a while before we have briefs, and the case won’t be heard, until much later in the year. We’ll follow it, as we have since the beginning.
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Posted in: Links on January 15, 2010
Apple Wins Injunction against Psystar
AppleInsider reported that Apple won a permanent injunction against Psystar. Psystar has until December 31, 2009 to comply with the injunction. They will no longer be allowed to copy or sell copies of OS X, they cannot circumvent copy protection, or sell programs that circumvent the copy protection.
What’s unclear, because of conflicting reports (and our inability to find a copy of the injunction), is whether this injunction applies to OS X 10.6, Snow Leopard. Apple worked very hard to keep 10.6 out of the California litigation, and it is currently the subject of a case in Florida.
As always, we’ll keep you updated.
Update: A copy of the injunction can be found here
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Posted in: Links on December 17, 2009
Apple, Psystar, Enter into Partial Settlement
AppleInsider is reporting that Apple and Psystar have entered into a partial settlement. The deal will prevent a trial on the issues of copyright damages, trademark and tradedress infringement and state unfair competition claims. In exchange, Psystar will pay an undisclosed amount of money, and will not have to pay Apple until after Psystar appeals the District Court judge’s ruling.
The judge still has to decide whether to issue Apple’s permanent injunction, and Apple’s legal challenge to Psystar’s RebelEFI is not included in this settlement.
Episode 26: Steamrolled by a Snowball
A first decision in the Psystar case, Google Bing and Mark Cuban, and the Google Book Settlement.
Please download the podcast. E-mail us with suggestions, comments, and your thoughts.
Psystar Decision
Apple Wins Like a Champ – Psystar is Toast — What? You’re Surprised?
The opinion.
Google, Bing and Mark Cuban
Google Books Settlement
Google Book Search Settlement Revised: No Reader Privacy Added
Revised Settlement
