Apple has a license agreement in place with
its Mac OS X that prevents the OS from being installed on non-Apple
hardware. That didn’t stop Psystar from unveiling its own Mac
clones, which obviously didn’t sit well with Apple. Apple took
Psystar to court and accused the company of peddling
circumvention devices. Apple also maintained that Psystar was
causing unquantifiable harm to its brand.
Despite the legal
proceedings against it by Apple, Psystar in October began to offer
hack called Renegade EFI -- the alleged circumvention device --
to allow OS X to run on PCs. Ultimately Apple
won a summary judgment against Psystar when a judge ruled that
Psystar was guilty of copyright and DCMA violations.
isn’t ready to throw in the towel just yet, but the company is
getting the towel ready. Psystar and Apple have entered into a
partial settlement to cease the sales of Mac clone computers.
AppleInsider reports that Psystar filed a document with the
courts on Monday revealing that it
and Apple had entered a partial settlement that will be filed in
the court Tuesday.
The agreement apparently covers the sales
of all clone hardware with Mac OS X pre-installed. The sale of
unauthorized machines with Mac OS X preinstalled was what prompted
the original legal action against Psystar by Apple back in 2008. The
settlement deal will have Psystar paying Apple an undisclosed amount
and Apple would agree to drop the bulk of its case against
The court filing reads, "Psystar has agreed on
certain amounts to be awarded as statutory damages on Apple's
copyright claims in exchange for Apple's agreement not to execute on
these awards until all appeals in this matter have been concluded.
Moreover, Apple has agreed to voluntarily dismiss all its trademark,
trade-dress, and state-law claims. This partial settlement eliminates
the need for a trial and reduces the issues before this Court to the
scope of any permanent injunction on Apple's copyright
Psystar still hopes that the court will not bar
the sale of its Rebel EFI product. This is the software that allows
the installation of OS X onto unauthorized machines. Psystar says the
Rebel EFI software “has not been litigated in this case, that has
not been the subject of discovery in this case, that is presently the
subject of litigation in the Florida case, that is composed
exclusively of Psystar software, that is not sold in conjunction with
any hardware, and that is sold entirely apart from any copy of Mac OS
X or any computer running Mac OS X."
The legal saga isn’t
over yet. If the case is fully settled out of court, the odds of
Psystar actually paying Apple any money are slim. Psystar filed for
bankruptcy in May and ended up in Chapter 11. The full trial is set
to start in January 2010 if it doesn’t settle before that date.