Psystar Barred From Selling Mac Clones - InformationWeek

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Psystar Barred From Selling Mac Clones

The permanent injunction follows a judgment that Psystar violated Apple's Mac OS copyright.

A federal judge has issued a permanent injunction barring Psystar from making and selling Mac clones, a ruling that hands a decisive victory to Apple.

U.S. District Court Judge William Alsup handed down his order Tuesday in San Francisco, a day after the two companies presented their oral arguments. Psystar has until Dec. 31 to comply with Alsup's ruling.

The decision was expected. Apple asked for the permanent injunction last month after Alsup granted Apple a summary judgment that found Psystar violated Apple's copyright over the Mac OS by modifying the operating system so it could run on third-party hardware that was then offered for sale. Apple sued Psystar for copyright infringement last year for selling Mac knock-offs.

Earlier this month, Psystar filed court papers saying it had reached an out-of-court settlement on a number of issues with Apple. The agreement included Psystar paying Apple $2.7 million in damages, in exchange for a pledge from Apple not to attempt to collect the sum until all appeals in the case have been exhausted. Psystar also said Apple agreed to drop all claims with respect to trade dress, trademark, and state law issues.

Apple has not commented on the case.

One issue left standing is whether Psystar can continue to legally sell a software product called Rebel EFI, which allows users to load any operating systems, including the Mac OS, onto any PC. Alsup on Tuesday did not include Rebel EFI in his ban, but could decide to take up the legality of the software later, if asked by Apple.

Meanwhile, Rebel EFI could be taken up in a separate lawsuit filed by Psystar against Apple in Psystar's home state of Florida. Psystar has accused Apple of anti-competitive practices.

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