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Sat, Mar 20, 2010 - 08:55 AM EDT — AAPL: 222.2499 (-2.4001, -1.07%) | NASDAQ: 2374.41 (-16.87, -0.71%)

Apple and would-be ‘Mac cloner’ Psystar file summary judgement requests

Monday, October 12, 2009 - 09:40 AM EDT

"On Thursday, both Apple and Psystar filed separate motions, with their respective supporting evidence, requesting a summary judgment from Judge William Alsup in a San Francisco court. Two hearings have been set for Nov. 12, and the outcome could determine whether the trial will take place in January," Neil Hughes reports for AppleInsider.

"Apple has requested that Alsup rule that Psystar infringed on its copyrights and violated the Digital Millennium Copyright Act in its sale of unofficial third-party machines running Mac OS X. Apple has asserted that Psystar's circumvention of its disc protection methods for its operating system is in violation of the law," Hughes reports.

"Psystar has asked the judge to consider a list of evidence submitted in its own request for a summary judgment. The evidence includes the end user license agreements for both Mac OS X 10.5 and Mac OS X 10.6, as well as excerpts from depositions from numerous Apple executives, including Senior Vice President of Worldwide Produt Marketing Phil Schiller," Hughes reports.

Read more in the full article here.

MacDailyNews Take: The neverending farce.

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Oct 12, 09 - 10:20 am Comment from: Regular Reader

Can somebody PLEASE fill me in on how Psystar thinks they're in the right? This sounds like a slam dunk case.

Oct 12, 09 - 10:26 am Comment from: Tommy Boy

@MDN: It ain't never-ending if they're seeking a summary judgment, which could go against them, next month as opposed to waiting for a trial starting in January.

@Regular Reader: Psytar's case rests on the question of whether a software EULA is an enforceable contract or not. In a typical contract your signature is gathered. With a software EULA it is not.

Oct 12, 09 - 10:43 am Comment from: Regular Reader

@Tommy Boy
Thanks! I didn't know what they were basing their case on. But if I remember my contract law class right (yes, I honestly took one), you specify any type of contract acceptance that you want. Be it a signature, a click, a special token, whatever. As long as it's clearly stated what it is in the contract, once you've accepted it's legal. I think clicking an I Agree button before installation is pretty darn clear...for most.

Oct 12, 09 - 10:52 am Comment from: Cubert

May the farce be with you, Pshyster!

Oct 12, 09 - 12:31 pm Comment from: Jon

Reminds me of the dungeon scene near the beginning of "Return of the Jedi" when the portcullis drops down on and crushes psyster and then it's handler little mikey dell cries.

Oct 12, 09 - 03:31 pm Comment from: qka

I love Apple, but I'm waiting for the day that the Digital Millennium Copyright Act is taken all the way to the Supreme Court and declared unconstitutional. DMCA totally abrogates the rights of fair use defined in the US Constitution.

Oct 12, 09 - 05:00 pm Comment from: therepguy

The Digital Millennium Copyright Act is yet another reason to rush out and vote for the nearest friendly republican fascist you can find! <GRIN>

Oct 14, 09 - 07:29 pm Comment from: Afib

Come on Pystar!!!!! They make better computers for a more reasonable (and affordable) price. They are not doing anything wrong! I Have one and it runs better than any Mac Pro for 75% less the price!!!!!

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Sat, Mar 20, 2010 - 08:55 AM EDT — AAPL: 222.2499 (-2.4001, -1.07%) | NASDAQ: 2374.41 (-16.87, -0.71%)

Apple and would-be ‘Mac cloner’ Psystar file summary judgement requests

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Sat, Mar 20, 2010 - 08:55 AM EDT — AAPL: 222.2499 (-2.4001, -1.07%) | NASDAQ: 2374.41 (-16.87, -0.71%)

Apple and would-be ‘Mac cloner’ Psystar file summary judgement requests

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