Psystar Loses Big To Apple; Tech Dirt, 11/16/09

Mike Masnick, Tech Dirt; Psystar Loses Big To Apple:

"When Psystar first started selling PCs with Apple OS's installed on them, we knew there would be a lawsuit -- though it took a bit more time than we expected. Originally, Psystar tried to claim that Apple was violating antitrust law, which seemed like a wasted path for exploration -- and, indeed, a court rejected that claim. Then Psystar went back to more reasonable defenses... or so we thought.

The court hearing the case didn't seem to think any of Psystar's main lines of defense had any validity at all and granted summary judgment to Apple on all of the major points, saying that a trial wasn't even necessary. The "fair use" claim was already weak, and the judge noted that Psystar didn't even try to discuss any of the four factors generally used in determining fair use. The two (I thought) stronger claims were that (a) the right of first sale applied, and once Psystar purchased OSX legally, it could resell it, provided it was only installed on that one computer, and (b) that Apple went too far in its EULA terms, which demanded that OS X could only work on a Mac. Unfortunately, the judge didn't agree to either one, though I find the judge's reasoning perplexing and hardly convincing."

http://www.techdirt.com/articles/20091114/1813376929.shtml

Ruling for Apple against Psystar means clone-makers have no legal recourse; Guardian, 11/14/09

Charles Arthur, Guardian; Ruling for Apple against Psystar means clone-makers have no legal recourse:

"Psystar, the little company in Florida that seemed for a while to be based in the back of a truck while it made Apple clones based on PC hardware, has lost all its claims against Apple in a legal victory that is an important ruling against would-be clone makers.

The company had already filed for bankruptcy - specifically, Chapter 11 protection, which protects a business from creditors while it restructures - back in May. But in the ruling (via BusinessWeek, via Groklaw) Judge William Alsup ruled that Apple's end user licence agreement (EULA) on its Mac OSX software is legal and can be interpreted broadly - that when it says you can't install on non-Mac hardware, that's what it means; it doesn't mean that you could argue that it's a bit limiting on you.

The PDF of the ruling explains that the problem comes down to this line: "Psystar has modified Mac OS X to run on its computers and has sold them to the public."

Psystar had claimed that "first sale doctrine" in the US means that the buyer (Psystar) can sell something on, regardless of whether the original owner (Apple) likes it. But the modification - "Psystar then replaced the Mac OS X 'bootloader'", to quote the finding of facts - means that first sale doctrine doesn't apply any more."

http://www.guardian.co.uk/technology/blog/2009/nov/14/apple-psystar-cloning-licence-judges-ruling