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.
quote: Why share a pie when you can have the whole ?
quote: In apple's case of psystar, if, at the end apple is sharing license, it will just hurt the image of Apple brand itself, QC will even worse when others can make the hardware.
quote: So sharing a piece of pie in apple's case will rot the whole pie... would you share one ?
quote: Apple may have the whole Apple pie, but Apple doesn't have the whole PC pie. MS has most of the PC pie, and it doesn't even sell PCs. That's the power of licensing and partnering.
quote: Psystar is an organization, a hackintosh is an idea.
quote: They aren't actually shutting down the EFI bootloader at all.
quote: Based upon prior rulings it appears that Psystar's implementation intentionally violates the DMCA -- and they are trying to get away with it.
quote: Psystar is an organization, a hackintosh is an idea. It's hard to squash ideas, but you can easily squash a company that is breaking the law, and get money out of it, to boot.
quote: Mac OS X on both Mac computers and the DVD are covered by software license agreements that provided that the software is “ licensed, not sold to [the user] by Apple Inc. (“Apple”) for use only under the terms of this License” (Chung Exh. 26 at ¶ 1). Apple’s license agreements restricted the use of Mac OS X to Apple computers, and specifically prohibited customers from installing the operating system on non-Apple computers.
quote: Defendant Psystar Corporation has made a line of computers called Open Computers (formally known as Open Mac and OpenPro). Psystar has modified Mac OS X to run on its computers and has sold them to the public. The following briefly describes the conduct at issue. Psystar first bought a copy of Mac OS X and then installed it on an Apple Mac mini. Next, Psystar copied Mac OS X from the Mac mini onto a non-Apple computer. This non-Apple computer was used as an “imaging station.” Once on the imaging station, Mac OS X was modified. Psystar then replaced the Mac OS X “bootloader.” The bootloader runs when a computer first comes on and locates and loads portions of the operating system into random access memory. Without a bootloader, Mac OS X would not operate. Psystar also disabled and/or removed Mac OS X kernel extension files and replaced them with other kernel extension files. Psystar’s modifications enabled Mac OS X to run on non-Apple computers. The modified copy became the “master copy” that was used for mass reproduction and installation onto other Psystar computers.
quote: "Apple says the product is causing "unquantifiable" harm to its brand."
quote: Apple sells an experience. ...spent hundreds of millions of dollars to establish themselves in this fashion.