Psystar Slapped with Permanent Injunction

Posted 12/16/2009 at 10:45am | by Paul Lilly

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After 17 months of litigation, a federal judge on Tuesday ordered Psystar to stop selling, distributing, copying, or creating derivative works of Mac OS X without prior authorization from Apple. Or in other words, it can no longer sell Mac clones.

The judge also placed a handful of other restrictions on Psystar, such as disallowing the company from intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe Apple's copyrighted Mac OS X software, Apple Insider reports.

Psystar has until midnight on December 31, 2009 to comply with the order, however it's not clear if the judge's statements also apply to the company's Rebel EFI software, a $50 app that allows some Intel-powered PCs to run Mac OS X 10.6. U.S. District Judge William Alsup intentionally avoided ruling on the software, noting only that Psystar's argument that it has a right to sell and distribute the software is weak.

"Whether such a defense would be successful on the merits, or face preclusion or other hurdles, this order cannot predict," Alsup said. "What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself in contempt if its new venture falls within the scope of the injunction."

Seller beware.