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.
- Path Selection Infographic Path Selection Infographic
- Hyperconvergence Infographic A wide range of observers agree that data centers are now entering an era of "hyperconvergence" that will raise network traffic levels faster...
- Preparing Your Infrastructure for the Hyperconvergence Era From cloud computing and virtualization to mobility and unified communications, an array of innovative technologies is transforming today's data centers.
- How WAN Optimization Helps Enterprises Reduce Costs If you wanted to break down innovation into a tidy equation, it might go something like this: Technology + Connectivity = Productivity. Productivity...
- Live Webcast Best Practices: How to Improve Business Continuity with Virtualization VMware solutions include a range of business continuity capabilities to help ensure availability for applications across your virtualized environment. Learn More>>
- Live Webcast
Transforming Finance, Procurement and Supply Chain Effectiveness with Cross-Functional Analytics
Date: May 6th, 2014
Time: 1 PM EDT
Attend this Webcast to find out how Oracle's packaged analytic applications enable line-of-business managers to examine all...
- Live Webcast LIVE EVENT: 5/7, The End of Data Protection As We Know It. Introducing a Next Generation Data Protection Architecture. Traditional backup is going away, but where does this leave end-users?
- Cloud Knowledge Vault Learn how your organization can benefit from the scalability, flexibility, and performance that the cloud offers through the short videos and other resources...
- LIVE EVENT: 5/7, The End of Data Protection As We Know It. Introducing a Next Generation Data Protection Architecture. Traditional backup is going away, but where does this leave end-users?