Psystar is dead

Apple won the permanent injunction against Psystar that it was seeking today.  According to Groklaw, it’s total, including Snow Leopard.  It also includes the Rebel EFI (which it is, as of this writing, still selling on its site) though Groklaw had this to say about the matter:

As for Rebel EFI, the judge while expressing that Psystar was not very clear about what it does, refused to exclude it from the injunction, and says Psystar continues to sell it “at its peril” at the risk of “finding itself in contempt if its new venture falls within the scope of the injunction.”

Only a clear explanation of the product, and discovery about it, can determine the matter, and Psystar is is free to bring a motion and submit to discovery about Rebel EFI, if it wishes to reopen the question. Since the injunction includes forbidding Psystar from “intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff’s copyrighted Mac OS X software,” I’d think a reasonable person would find the injunction covers EFI as well.

Besides that, there is no ambiguity…

Psystar also can’t “manufacture, import, offer to the public, provide or otherwise traffic in any technology, product, service, device, component, “or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure”, so I’d call this The End of Psystar’s adventures. Were this a normal litigation. Since it’s not, it’s certainly possible there will be more twists and turns. But in the California court, Psystar is toast.

Oh, and no “fire sale” before it shuts down, the judge said. He doesn’t want to see Psystar “engage in defiant or unreasonable conduct” and if it happens, there will be no insulation from contempt liability. It has until December 31st to comply, but if it can comply in one hour, then that is what the judge expects to see. Also Psystar must destroy everything it has used to circumvent Apple’s products. Then it is to report to Apple on exactly how it has fully complied by the deadline.

Here’s the order granting the motion and the final judgment:

12/15/2009 – 242 – ORDER GRANTING MOTION FOR PERMANENT INJUNCTION re 231 filed by Apple Inc.. Signed by Judge Alsup on December 15, 2009. (whalc1, COURT STAFF) (Filed on 12/15/2009) (Entered: 12/15/2009)

12/15/2009 – 243 – FINAL JUDGMENT. Signed by Judge Alsup on December 15, 2009. (whalc1, COURT STAFF) (Filed on 12/15/2009) (Entered: 12/15/2009)

This was outrageous litigation, and that is how the court viewed it.

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