Mac clone maker 'happily' agrees to OS X injunction

For its part, Psystar said it would agree to an injunction preventing it from using Mac OS X 10.5, aka Leopard. "Psystar will happily submit to an appropriately tailored injunction ... limited to Psystar's allegedly illegal activities involving OS X Leopard, since it is only OS X Leopard that this case concerns. Since neither Psystar nor Apple sells OS X Leopard any longer, it is no great burden for Psystar to agree to such an injunction," its lawyers said in the competing Psystar motion.

That concession, however, is meaningless, since as Psystar noted, it now sells Mac OS X 10.6, or Snow Leopard, with its computers. Snow Leopard is the upgrade to Leopard that Apple launched Aug. 28.

Last month, Psystar won a minor victory when Alsup denied Apple's motion to stop a separate lawsuit filed by Psystar in a Florida federal court two months ago that accused Apple of tying Snow Leopard to Mac hardware. Then, Alsup chastised Apple for timing Snow Leopard's release to take place after an important deadline had passed in the case he oversees.

Major sections of both motions were redacted at Apple's request, primarily those parts that discussed the technology Apple uses to block Mac OS X from running on non-Apple hardware, and Psystar's resulting work-arounds. Subsequent to the motions filed last week, Apple has demanded that the redacted sections remain private, while Psystar has argued that they should be made public.

Last week, Psystar upped the ante on that front when it announced it would license its technology to other clone makers so they could also build Mac knock-offs.

Alsup has slated a Nov. 12 hearing to take oral arguments from both Apple and Psystar on their motions for summary judgment.

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