Apple Hits Psystar with DMCA Violations

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Psystar is experiencing the wrath of Apple first hand now that the Cupertino company has moved to add Digital Millennium Copyright Act violations to its case against the unauthorized Mac clone maker. The move could lead to even bigger problems for Psystar -- including the possibility of criminal charges.

Apple moved to amend its July filing against Psystar to include Digital Millennium Copyright Act (DMCA) violation claims late in November after it "discovered additional information," according to the new filing.

The amendment alleged that Psystar used special code to bypass the built-in copy protections designed to prevent Mac OS X from running on non-Apple hardware and asserted that the company "illegally circumvented Apple's technological copyright-protection measures," setting up the argument for DMCA violations.

One attorney familiar with this type of case commented anonymously "Unless Psystar's can successfully appeal Judge Alsup's dismissal of its counterclaims or re-plead its case under the terms of Judge Alsup's order, the pressure on Psystar to settle on Apple's terms is augmented by the additional remedies afford Apple under the DMCA and by the threat of a criminal case."

Psystar Web site

Psystar is still selling Mac clones.

This isn't the first major setback in Psystar's fight with Apple. The company was dealt a devastating blow in November when its antitrust case against Apple was dismissed, opening the door for Apple to continue with its own trademark and copyright violations suit.

Despite the grim outlook, Psystar is still selling Mac OS X-compatible computers on its Web site.

"Apparently, Psystar does not believe that the wages of sin is death, because it is still selling OS X pre-installed on its Open Computers and has issued discovery against Apple," the attorney said. "This is guaranteed to piss off Jobs and Cooperman so that they seek the utter death and destruction of Psystar."

 

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Comments

BanjoBanker

I think those guys at Pystar must be suicidal! After the judge dismissed their case and Apple going for the throat w/ the DCMA and they STILL continue to sell the machine w/ OSX. Apple is going to pound them into the ground and they may well end up in jail as well. If I worked there, I would be leaving asap.

BurmaYank

Pystar’s continued apparently suicidal folly against Apple is reinforcing my hunch that is actually just another deeply well-endowed Micro$oft dirty-tricks front organization (like SCO-Caldera apparently was) designed to harass and abuse a mortal enemy of Window$ (i.e.-SCO-Caldera vs. IBM/Linux, and Pystar vs. MacOS X).

But if they actually do want to stonewall each other to the DMCA wall, I’m hoping, hoping, hoping that Apple and M$/Pystar will thereby actually inadvertently jeopardize the legal authority of their mutually-beloved DMCA, by forcing the US Supreme Court to (finally) rule on why the DMCA-Section 2 does not actually unconstitutionally violate the landmark USSC Sony/BetaMax v. Universal Studios decision.  At Last!

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