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Monday, 16 November 2009 11:30

Apple wins Psystar case

Written by Nick Farell

Image

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.

Nick Farell

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