The Mac Observer

Psystar Officially Throws In The Towel, Shutting Down

TMO Talk (14)

Apple vs. PsystarPsystar has officially thrown in the towel, and is in the process of shuttering its doors. Representing Psystar, attorney Eugene Action told The Wall Street Journal that company president and cofounder Rudy Pedraza will be terminating the company's eight employees, and will then be, "shutting things down immediately. They will not be in business."

The move comes in response to having lost a copyright battle with Apple Inc. in regards to Psystar selling unauthorized Mac clones and software that allows users to install Mac OS X on non-Apple hardware. In that court case, Apple proved to the court's satisfaction that it had a copyright on Mac OS X that prevented Psystar from legally engaging in its activities.

As part of the judgement, Judge William Alsup granted Apple a permanent injunction that prohibits Psystar from making Mac clones, selling or distributing software that allows users to install Mac OS X on non-Apple hardware, or from abetting anyone in doing the same.

The company's Web site went offline Thursday, and today's comments suggest the company is calling it quits, despite having, in theory, a non-Mac related business. Mr. Action also told The Journal that Psystar still plans on appealing the ruling to a Federal appeals court.

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14 Observer Comments

I guess there is a bit of legal tidying-up to be done. Such as doing the actual bankruptcy thing (Ch. 7).

The question is, then, who gets the papers and records?

“Follow the money”

   Actions furbies said on December 18th, 2009 at 6:36 PM (Edited: 11/09/2010 5:45 AM):

I wonder if they’ll be accepting donations towards the cost of a funeral?

And what about those poor saps who want hardware support?

   Actions Lee Dronick said on December 18th, 2009 at 7:32 PM (Edited: 10/18/2011 6:20 PM):

And what about those poor saps who want hardware support?

I suppose that they can reformat the disk and install Windows. Hardware support can be done by a number of those PC shops

   Actions AlaskaBoy said on December 18th, 2009 at 8:18 PM (Edited: 12/19/2009 12:05 AM):

Does anyone know how many units Psystar sold?

Does anyone know how many units Psystar sold?

If you build it they won’t come? Apparently a witness hired by Apple could find only 768 Psystar units sold. I wonder how may dollars in legal costs were paid per clone.

Sure would like to know who was banking these clueless loons!

http://tinyurl.com/ycybbdb

Er, make that bankrolling these clueless loons…

   Actions Lee Dronick said on December 18th, 2009 at 9:23 PM (Edited: 10/18/2011 6:20 PM):

Their website is back up, but there is nothing for sale.

   Actions AlaskaBoy said on December 18th, 2009 at 9:41 PM (Edited: 12/19/2009 12:05 AM):

What do you think of this:
“OpeniMac is the latest Mac cloner trying its luck with PC’s running OS X. With Apple actively taking blow after blow at Psystar, Argentina-based OpeniMac is offering almost identical solutions comprised of regular PCs that have been modified to run Mac OS X.”
http://news.softpedia.com/news/OpeniMac-Is-the-New-Mac-Cloner-99467.shtml

   Actions Bosco (Brad Hutchings) said on December 18th, 2009 at 11:03 PM (Edited: 05/26/2012 12:39 AM):

Mr. Action is their old lawyer. Their current lawyer, Mr. Camara, disputed the story:

http://www.computerworld.com/s/article/9142494/Contrary_to_report_Psystar_i_not_i_shutting_down_lawyer_says

8 employees, yet a giant pimple on Apple’s ass.

Psystar’s site is (back?) online. I just downloaded RebelEFI, the “trial” version. When I tried to buy the paid version it was shown as “Out of Stock”.

   Actions John Dingler said on December 19th, 2009 at 11:33 PM:

Bryan Chaffin said that “Psystar has officially thrown in the towel, and is in the process of shuttering its doors,” with the key words being “...in the process….” This means that it has not shut down; there is no steak through its heart.

This is because Alsup has only enjoined Psystar from doing anything Apple covered in the law suit. However, I believe that he did not enjoin it from engaging in those parts of its business that have nothing to do with Apple’s products.

My reading tells me that the Fla. court is likely to rule similarly to the Calif. court. It’s also likely that it will lose all conceivable appeals in both courts. Even with these defeats, there is no reason to think that the stake has therefore pierced its heart permanently should Psystar’s backers want to pursue the non-Apple angle of its business. And the legality of the RebelEFI is also not completely resolved because Psystar developed it after Apple filed the suit. It had no way to anticipate this infraction, so is not included in the suit, is my understanding.

Even with these defeats, there is no reason to think that the stake has therefore pierced its heart permanently should Psystar’s backers want to pursue the non-Apple angle of its business.

True, I guess. But someone has to come up with $1.4m if Psystar wants to stay in business. If you don’t pay your judgements then you’ll be liquidated. Ch. 11 is *not* an option this time.

So the question is whether the backers are going to pony up the bucks to keep the game alive. If they want to do a non-Apple thing then why not start a new company? Paying this judgement to keep the shell doesn’t seem like a sound plan. Unless you want to own the records.

“Follow the money”

   Actions geoduck said on December 20th, 2009 at 12:42 PM (Edited: 01/26/2012 2:46 PM):

Hold it. Not so fast
http://www.macrumors.com/2009/12/19/reports-of-psystars-demise-appear-premature/

PsyStar’s site is back up.

http://psystar.com/

Maybe they have backing from Nosferatu.

   Actions WetcoastBob said on December 21st, 2009 at 6:00 AM (Edited: 05/24/2011 12:33 AM):

If you follow the links on the site:  They go no where and the only purchasable item is a t-shirt.

I’d say DOA!

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