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  (Source: Psystar)
Psystar is now refocusing its efforts on its unlocking software, but Apple is looking to hand it another defeat

Apple's legal campaign to crush Mac cloner Psystar made headlines several times over the last year and provoked diverse responses.  Some were supportive of Apple, arguing that the company had every right to tightly enforce the strict provisions on its operating system.  Others argued that Apple was being abusive and manipulating its position to sell overpriced hardware.

In the end Psystar was handed a defeat in a summary judgment.  Earlier this week it announced that it was partially settling with Apple.  Now details of that settlement have been finalized.

Psystar, which already went bankrupt once, has agreed to pay Apple $2.647M USD in damages for marring its "brand image" by releasing Mac clones.  It also agreed to suspend production and sales of all its Mac clones and has since pulled the sales page from the company's website.  The decision casts uncertainty on the status of orders from those who bought Mac clones in the final days before the settlement, individuals whose systems have not yet been shipped.

While the situation seems to be dire for Psystar, the company vows to persist in its campaign of rebellion.  The company is now focused on its unlocking software offering Rebel EFI, which allows OS X 10.6 (Snow Leopard) to be installed easily on a variety of hardware configurations with Intel processors.  Rebel EFI provides support for multi-boot systems with a mix of Linux, Windows, and OS X installed.

Apple is trying to kill off Rebel EFI, though.  The company is battling Psystar in a separate case in Florida court.  The Mac clone case took 17 months, so it appears that the final fate of Psystar won't be decided for some time.  The odds seem stacked against the company, though; the Digital Millennium Copyright Act, which helped hand Apple a victory in the clone case, specifically outlaws users or businesses to circumvent software protections, even on devices they legally own.  As Psystar is doing exactly that, it seems to be on some pretty weak legal ground, regardless of how "fair" the DMCA is.

Until the hammer drops, though, Psystar plans to continue to sell its software and defy Apple's closed box business model.



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RE: Stolen Code
By jonmcc33 on 12/3/2009 8:36:17 AM , Rating: 1
Wouldn't be the first time that someone took opensource code and tried to make profit from it. Recall Linspire?


RE: Stolen Code
By Bateluer on 12/3/2009 8:50:11 AM , Rating: 3
You can still sell open source products, especially if you provide other services than just the code. Red Hat sells RHEL for big dollars by providing thorough documentation and service contracts.

Most major Linux distros will gladly sell you CDs or USB drives of their distros as well.


RE: Stolen Code
By albertdup on 12/3/2009 11:12:46 AM , Rating: 3
Problem is they do not acknowledge the creators of the code or make the source code available, The original code is under APSL2 terms and it requires: ( They are not abiding to any of this)

2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients’ rights hereunder, except as permitted under Section 6.

2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and

(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).


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