Unauthorized Mac clone maker Psystar is hoping to keep its Rebel EFI on the market, but if Apple's argument holds any weight, that won't happen. Psystar is working to convince the court that its software for installing Mac OS X on PCs shouldn't be included in a proposed injunction that prohibits it from making and selling PCs with Apple's operating system pre-installed.
Apple filed a lawsuit against Psystar in Northern California several months ago claiming the small PC maker was violating the Mac OS X end user license agreement, and that it was violating the Digital Millennium Copyright Act with the steps it used to install the Mac operating system on PCs. Psystar claimed that it should be allowed to build and sell PCs with Mac OS X pre-installed and that Apple is overstepping its bounds by blocking companies from selling Mac clones.
The court ultimately ruled in favor of Apple in a summary judgement, and the Mac maker followed up by requesting an injunction blocking Psystar from selling Mac clones and also from distributing Rebel EFI.
While Psystar has been pushing to keep Rebel EFI out of any injunction, it apparently isn't offering as compelling arguments as Apple.
"Apple's position is well supported by the case law, while in its opposition, Psystar cited almost no authority," The Mac Observer's legal contact said. "And for the one case that Psystar did cite, Apple distinguished it on the facts and showed that it did not apply to the circumstances of the instant matter."
According to Apple's brief, Psystar has already said that it plans to continue infringing on its Mac OS X copyrights and violating the Digital Millennium Copyright Act, and as such all of the PC maker's actions related to Mac cloning and Mac OS X hacking should be blocked.
Should Judge Alsup, the Judge overseeing the case in Northern California, include Rebel EFI in an injunction, that could derail Psystar's efforts to keep its parallel case against Apple alive in Florida. Psystar filed a case against Apple after Snow Leopard was released and argued the new OS version constituted a new product and should be heard independently of Leopard.
Apple has since filed a motion with Judge Hoeveler in U.S. District Court in Florida to dismiss Psystar's suit, but a ruling on that motion hasn't been returned yet.
Psystar's fight to keep Rebel EFI alive, however, may be in trouble based on its current defense. "Apple's Reply taken together with its Motion for a Permanent Injunction is the much stronger brief," TMO's legal contact said. "It has the more persuasive arguments; unlike Psystar's Opposition, ample and controlling legal authorities support the arguments in Apple's briefing."