Apple Set to Propose Damages in Psystar Case

Apple is set to files its brief on Monday detailing the damages and injunction details it wants to see imposed on Psystar for building and selling unauthorized Mac clones.

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.

Both companies filed motions for Summary Judgement, and in the end Judge William Alsup ruled in favor of Apple and against Psystar.

In its motion for Summary Judgement, Apple argued that the licensing agreement for Mac OS X states that the end user owns the disc the software ships on, but only licenses the use of the operating system. Since Mac OS X is licensed instead of owned, users are bound by Apple's terms that prohibit installing and running the software on non-Apple hardware.

In its Summary Judgement filing, Psystar claimed that because users own the media Mac OS X ships on, they own the operating system as well. Owning the OS gives them the right to use it as they see fit, and in this case that includes installing it on Mac clones.

Apple is expected to ask for an injunction blocking Psystar from selling any PCs with any version of Mac OS X installed.

"It will be Apple's opening argument to get Judge Alsup to impose an injunction that will cover Snow Leopard, Psystar's Rebel EFI, and any future conduct by Psystar that infringes Apples copyright in OS X and violates the DMCA, even though those items of software and Psystar's future misconduct were not part of the case," an attorney familiar with this type of case told The Mac Observer.

After Apple files its brief, Psystar will have an opportunity to respond.

Psystar hasn't been issued an injunction blocking it from selling Mac clones yet, so the company is still offering its PCs with Mac OS X pre-installed along with the Rebel EFI product through its Web site. Rebel EFI lets users install Mac OS X on any PC.

At one point, Psystar said it was taking on Apple with "guns blazin'." It looks, however, like the company failed to take aim with any of those shots.