Posted 11/16/09 at 07:30:32 AM by Paul Lilly

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."

Get all the gory details here.

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Posted 09/08/09 at 02:41:11 PM by Paul Lilly

Psystar once again flips Apple the bird by confirming it will support Mac OS X Snow Leopard on all new Mac clones. Furthermore, the company said it had developed "new virtualization technologies" to better integrate with the newly released OS like "never before."

At the same time, Psystar issued a warning to its customers not to install Snow Leopard until the OEM had a chance to work out any kinks and ensure a no-fuss upgrade.

"We ask you not to attempt to install the new OS X as it may cause harm to your computer, resulting in a possible re-installation of Leopard OS 10.5 and a loss of data," Pystar wrote in a blog post. "As with all previous software updates to the OS, Psystar meticulously tests and retests all software updates to confirm their compatibility with older Psystar machines."

As could be expected, Apple is none too happy about Psystar's continued defiance and has asked a California judge to order a 30 day "re-opening of discovery" to give Aple time to obtain Psystar's modified Snow Leopard source code.

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Posted 05/27/09 at 09:10:22 AM by Paul Lilly

Psystar, the company responsible for the 'Open Computer' and a continual thorn in Apple's side, has filed for bankruptcy protection. According to court papers, Psystar owes more than $250,000 to shipping companies, the IRS, and its attorneys.

"Debtor sales have been greatly affected by the decrease in consumer spending," Psystar said in a statement. "The financial crisis has also caused creditors to tighten up their terms and become more demanding for immediate payment."

Psystar gained notoriety for taking on Apple by selling computer systems equipped with Mac OS X. In July of last year, Apple sued the company for copyright infringement, however that lawsuit has now been temporarily suspended until the bankruptcy protection goes through proceedings. 

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Posted 03/18/09 at 10:49:43 AM by Paul Lilly

Perhaps feeling confident from its first legal victory last month in its ongoing legal battle against Apple for selling Mac clones that allegedly violate the Mac OS X end-user license agreement, Psystar is far from waving the white flag and is instead waving another Mac clone it claims is "Smaller, Faster, and Sexier."

The baseline configuration for the Open (3), as it's being called, includes Intel's Core 2 Duo E7200 processor (upgradeable to a quad-core Q8200 CPU), 2GB of DDR2-800 RAM, a 500GB hard drive, 20X DVD burner, GeForce 8400GS videocard with 256MB video memory, 802.11n WiFi, and much to the chagrin of Apple, Mac OS X Leopard v10.5.

"We are making the Open Computer a better fit for our users' environments in more ways than one," said Rudy Pedraza, Psystar president. "The smaller size will definitely make it easier to place in a home or small office but, at the same time, the increased performance will allow it to easily take the place of traditionally-sized machines. Core2Quad processors greatly enhance performance in computationally-intense applications such as 3D rendering and movie editing. A quad-core in a desktop that is under four inches thick is the direct result of the feedback we've received from the public."

With the release of the Open (3), Psystar has phased out the mini-tower for a "slim form-factor" the company claims is 47 percent smaller.

The Open (3) is available now starting at $600.

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Posted 02/09/09 at 06:32:38 PM by Pulkit Chandna

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.

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Posted 10/30/08 at 08:33:43 PM by Pulkit Chandna

Psystar, a leading Mac clone manufacturer, has stolen a march on Apple by launching the very first OS X-compatible PCs outfitted with Blu-ray drives and GeForce 9800GT graphics cards. Psystar president Rudy Pedraza lampooned Apple, in a press release, for having still not embraced Blu-ray despite the fact that it has already won the HD format war.

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.

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Posted 07/25/08 at 02:35:23 PM by Pulkit Chandna

OS X has remained an Apple fiefdom and any attempts at liberating the OS have been frowned upon by the company. Earlier this month, Apple initiated legal proceedings against Psystar that sells a Mac-clone. However, the law suit seems to have had very little deterrent value as yet another manufacturer has announced plans to launch its own Mac-clone, though, with a difference – not an endorsement.

Open Tech Inc. has announced the Open Tech Home and the Open Tech XT open PCs that will easily allow users to run OS X. The similarity between Psystar’s outright Mac-clone and Open Tech’s upcoming PCs ends here as the latter’s offerings won’t come with OS X pre-installed, instead, users will have to install it on their own using a meticulously crafted set of instructions. Open Tech believes that this move will shield it from any legal action. But Apple's legal department might hold a different opinion.

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