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Written by Nick Farrell
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Monday, 16 November 2009 10:30 |
We are the only Apple company in the village
Apple has won the case against Psystar, which has been
selling Mac clones running Mac OS X.
U.S. District Court Judge William Alsup granted Apple's
request for a summary judgement, while denying Psystar's counterclaim. He said that Psystar has violated Apple's exclusive
reproduction right, distribution right, and right to create derivative works.
Apple sued in July 2008, a few months after Psystar began
selling Mac clones. Psystar's claimed it could run Apple's Mac OS X operating
system on non-Apple machines. Apple denied this, stating that its
Mac OS X end user license agreement allows people to install the OS on
Apple computers only.
Both Apple and Psystar had a requested a summary judgment, which is a determination made without trial based on the merits of a
case. The judge rejected Psystar could claim fair use because
it did not even attempt to address the four factors used to determine
fair use.
Psystar's could not claim "first sale"
doctrine, which allows someone who buys copyrighted material to sell it. Alsup said this
doctrine did not apply to the "unauthorized copies" that
Psystar produced. Psystar violated the Digital Millennium Copyright Act
because it circumvented Apple's protection barrier, the judge added.
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