Technically Legal

On Tuesday, November 30, 2010, the Apple v. Psystar case was argued before the 9th Circuit.  Groklaw continued its excellent coverage with another post which includes a link to an audio recording (file hosted by 9th Circuit) of the arguments by Kiwi Camara (on behalf of Psystar) and George Riley (on behalf of Apple).

In case you’ve forgotten, Apple filed this suit against Psystar for copyright infringement and breach of contract (among several other claims) after Psystar began marketing hackintosh PCs with OS X pre-installed on the hardware in 2008.  Apple’s EULA expressly prohibits using OS X  on any non-Apple hardware.

This is one of 3 Psystar cases going on across the nation.  The case at hand was originally filed in the N.D. California District court, another case was filed in the S.D. Florida District court by Psystar against Apple, and Psystar also filed for bankruptcy in the U.S. Bankruptcy court in Florida.  Groklaw has neatly organized documents from all the cases here.

It will be some time before the 9th Circuit issues an opinion on the case.  It’s worth noting that the arguments before the 9th Circuit are limited only to whether the District Court was correct to reject Psystar’s affirmative defense of copyright misuse.   Psystar’s opening brief was filed under seal, but Apple’s answering brief, and a reply from Psystar are available to catch you up on some of the arguments.

Here’s an interesting factoid to chew on while listening to the recording.  According to info on their respective bio pages, Apple’s attorney graduated law school prior to the year Psystar’s attorney was born.  Yikes!

Comments Off Posted in: Links on December 2, 2010

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.

Comments Off Posted in: Links on May 18, 2010