The company that discontinued its range of Mac clones earlier this month has now “voluntarily suspended the sale of our Rebel EFI software product.” It has temporarily discontinued Rebel EFI – a boot loader that helps install OS X on any generic PC – as it first wants the court's “clarification on the legality” of the software. “In the coming days, we will again be offering complete systems but at discounted prices as they will be bundled with your choice of Linux operating system,” the company announced on its website.
The company is trying hard to garner some much needed public support. From the face of it, Psystar wants to be seen as a champion of open computing. “It's your software, you should be able to use it where you want to,” Psystar wrote on its site. “If you purchase an off-the-shelf copy of OS X Snow Leopard, its your right to use that software.”
Apple didn't just win its case against Psystar, it demolished the "open computer" vendor whose Mac clones triggered a legal battle over whether or not the hackintoshes violated Mac OS X's EULA. According to Judge William Alsup, it most certainly does. In fact, the judge ruled in Apple's favor on every count brought to the court's attention, although the biggest focus was on copyright.
"Psystar's use of Mac OS X has been in excess and has violated Apple's copyrights," the judge wrote at one point in his 16-page order.
According to Groklaw, there are still issues that remain for trial, including allegations of breach of contract, induced breach of contract, trademark infringement, trademark dilution, trade dress infringement, and state unfair competition under California Business and Professions. In other words, the best case scenario for Psystar at this point is that it will be held liable for damages on Apple's copyright claims, but with its primary defense now seemingly dismantled, the company appears to be in a world of hurt. Or as Groklaw puts it, "Psystar is toast."
Legally besieged Mac clone maker Psystar has registered its first legal victory against Apple. U.S District Court Judge William Alsup has given the permission necessary for Psystar to continue its countersuit. The judge lent his assent to those revisions to the countersuit that had been suggested by Psystar after its antitrust charges against Apple were dismissed in November 2008.
Now Apple will have to defend itself against charges pertaining to copyright misuse. “Moreover, if established, misuse would bar enforcement (for the period of misuse) not only as to defendants who are actually party to the challenged license but also as to potential defendants not themselves injured by the misuse who may have similar interests,” Alsup said on Friday. The court’s latest fiat has rekindled Psystar’s hopes of surviving its legal ordeal upon which its actual survival hinges.
He heavily extolled Blu-ray, which he believes is a huge asset for media editing professionals and enterprises - a demographic that Psystar can now serve.
Psystar is certainly trying its best to get under the skin of Apple whose patience must be wearing thin. Around a fortnight ago, Apple and Psystar agreed to an “Alternative Dispute Resolution”. Prior to that, in July, Apple had slapped a lawsuit against Psystar. The latter soon returned the favor by filing a lawsuit of its own against Apple.