legal team is preparing to strike back at the modding community,
seeking to bury the largest commercial entity to support modding --
Psystar. In a new
filing with Judge William Alsup on Monday, Apple claims it has
the right to a permanent judgment against Psystar under the U.S.
Copyright Act and Digital Millennium Copyright Act (DCMA). The
judgment would prevent Psystar from selling products, ending the
firm's campaign of rebellion.
Apple accuses Psystar of
helping to spread the growing rebel movement against its closed ways
by "trafficking in circumvention devices." Psystar
has been selling a virtualization product called Rebel
EFI, which allows OS X 10.6 ("Snow Leopard") to be
installed on non-Apple hardware with Intel processors. Apple
says the product is causing "unquantifiable" harm to its
Phil Schiller, Apple's senior vice president of
Worldwide Product Marketing, writes in an affidavit, "So long as
Psystar continues these practices, the harm to Apple and its brand
will continue. I believe Apple should not be required to file a
new lawsuit to stop Psystar from infringing Apple's intellectual
property each time Apple releases a new version of Mac OS X.
Requiring Apple to file multiple lawsuits to stop the same infringing
conduct would be unfair, expensive, and a waste of the Court's and
the parties' resources."
Even if Psystar loses the case,
it can effectively win if it thwarts Apple's request for a permanent
judgement. Florida-based, Psystar didn't even break even in
2008 and 2009 and currently has less than $50,000 in assets.
Thus it doesn't stand to lose as much from a simple order to pay
damages, if it can prevent an order to cease and desist its
Mr. Schiller, though, says that his company will
only be happy if the rebellious Psystar is stomped out for good.
He states, "Even if Psystar could pay damages, the harm to
Apple's brand, reputation and goodwill is unquantifiable."
has already scored
a summary judgment against the Mac cloner. It will now
attempt to obliterate the company and kill the corporate side of the
modding community once and for all with a December 14 motion hearing
in San Francisco court.