Apple asks judge to shutter Psystar's clone business
At that time, Psystar sued Apple in a Florida federal court, claiming Apple illegally tied Snow Leopard to Mac hardware, essentially a repeat of moves it made in Alsup's California court during 2008. Alsup tossed out Psystar's countersuit last year -- the clone maker's first major legal defeat -- but in September 2009, he ruled for Psystar by refusing to stop the Florida lawsuit.
Apple this week again urged Alsup to disregard the Florida-based clone maker's slight-of-hand over Snow Leopard. "Psystar's admission that it has moved on to infringing subsequent versions of Mac OS X confirms that any injunction must extend beyond Mac OS X Leopard," Apple said in the motion for an injunction.
Philip Schiller, Apple's head marketing executive, spelled out the company's stance in a statement appended to the motion. "Apple should not be required to file a new lawsuit to stop Psystar from infringing Apple's intellectual property each time Apple releases a new version of Mac OS X," Schiller said in his declaration. "Requiring Apple to file multiple lawsuits to stop the same infringing conduct would be unfair, expensive, and a waste of the Court's and the parties' resources."
Besides the injunction, Apple is seeking $2.1 million in damages, less than half what it said was the maximum, as a sop to "a swift resolution of the issues." But it admitted it might have trouble collecting even the smaller amount. "There is compelling evidence that Psystar will not be able to pay any statutory damages," it said in the Monday motion. Apple cited the bankruptcy filing Psystar made last summer, then withdrew, as proof that Psystar may not be able to pay the money. It also used that purported inability to pay as another argument for an injunction.
Psystar and Apple have been tangling in court since July 2008, when Apple sued the clone maker over copyright and software licensing violations. Psystar started selling Intel machines with Mac OS X preinstalled in April 2008.
While Apple didn't spell out the impact on Psystar if an injunction were granted, it hinted that one would drive the small firm out of business, saying that by its estimates, 80% of the company's business is in Mac clones. It had no sympathy for Psystar, however. "A defendant whose entire business is premised on misappropriation of Apple's intellectual property cannot claim it suffers hardship by being forced to stop such infringement," Apple contended.
"Psystar has illegally profited from Apple's efforts rather than investing in developing its own products and building its own good will," Apple said.
Alsup will hear oral arguments Dec. 14 from both parties on Apple's request for an injunction. The case is slated to go to trial in January 2010.
- Psystar halts sales of Mac cloning tool, will peddle Linux PCs
- Psystar site back online, demise exaggerated
- Contrary to report, Psystar not shutting down, lawyer says
- Game over for Mac clone maker Psystar
- Psystar stops selling Mac clones with Apple's OS
- Apple, Psystar strike deal in copyright case
- Apple moves to kill second Psystar lawsuit
- Psystar promised investors huge clone sales
- Apple asks judge to shutter Psystar's clone business
- Judge's ruling puts legal nail in Psystar's coffin
Read more about Macintosh in Computerworld's Macintosh Topic Center.
- Big Data, Big Mess: Sound Risk Intelligence Through Complete Context This paper examines the insecurity of the small businesses in the supply chain and offers tips to close those backdoors into the enterprise.
- Using Cyber Insurance and Cybercrime Data to Limit Your Business Risk This paper examines the challenges of understanding cyber risks, the importance of having the right cyber risk intelligence, and how to use this...
- 5 Tips to Secure Small Business Backdoors in the Enterprise Supply Chain This paper examines the insecurity of the small businesses in the supply chain and offers tips to close those backdoors into the enterprise.
- Confront consumerization with convergence Virtualization expert Elias Khnaser spotlights the security, compliance, and governance issues that arise when enterprise users "consumerize" with shadow IT and public cloud...
- NSS Labs & Cisco Present: Evaluating Leading Breach Detection Systems Today's constantly evolving advanced malware and APTs can evade point-in-time defenses to penetrate networks. Security professionals must evolve their strategy in lockstep to...
- Will the Real Endpoint Threat Detection and Response Please Stand Up? This webinar explores new technologies & process for protecting endpoints from advanced attackers as well as the innovations that are pushing the envelope...