When is a settlement not a settlement? Could just be what Psystar and Apple are reported to have agreed to in Apple’s long-running legal dispute with the upstart clone maker.
The dispute centers on Psystar’s installation of Apple’s OS X, version 10.5 (a.k.a. Leopard) on Intel-based computers manufactured by Psystar. Apple took exception to Psystar’s hackintosh and sued, with its complaint upheld by a Federal Court in San Francisco. The Court agreed not only to Apple’s claim of copyright infringement, but to Pystar’s violation of the Digital Millennium Copyright Act (DMCA) for the unauthorized installation of OS X.
According to a motion Psystar filed with the Court Monday, Psystar states that it and Apple have reached a partial settlement, in which Psytar agrees to pay Apple damages for violating Apple’s copyright--an estimated $2.1 million. But, only after Psystar has exhausted all of its avenues for appeal. Psystar is hoping this will placate Apple and the Court enough that it can escape a permanent injunction Apple has requested that would shut Psystar down.
Psystar has also asked that it’s Rebel EFI utility be excluded from any injunction. Rebel EFI, which is sold separately, is used to load OS X onto its systems. With Rebel EFI buyers of Psystar’s desktops are able to install OS X themselves, rather than have it preloaded by Psystar, effectively allowing Psystar to remain in the hackintosh business.
Apple may have agreed to drop its copyright infringement claims against Psystar for the promise of a possible future payment. But it’s not clear that Apple is in agreement with Psystar’s continued sale of Rebel EFI, if Apple’s intent is to limit the hackintosh market. It would seem that the dust from this dispute has yet to settle.
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