Psystar finally gets the slam-down!

[doug in albq]

http://www.groklaw.net/article.php?story=20091114101637997

Apple Wins Like a Champ - Psystar is Toast -- What? You're Surprised?
Saturday, November 14 2009 @ 10:45 AM EST

Psystar just got what's coming to them in the California case. Here's the order [PDF]. It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal.

Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse.

There are still issues remaining for trial, despite Psystar's attempt to present everything now as being moot. Here's what's left to be decided at trial: Apple's allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition. See anything on that list that will be helpful to Psystar?

So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast. Psystar's only hope now is Florida, and frankly I wouldn't bet the house on that one. Judges notice if you were just found guilty of a similar cause of action in another state.

 

[NC MacGuy]

I guess that takes care of that.

The read certainly looks like Apple could go after 80% of it's consumer users if it so chooses. F'n Apple.

 

[pdjudd]

The read certainly looks like Apple could go after 80% of it's consumer users if it so chooses. F'n Apple.

Relax. Apple has no intentions to spend the massive amounts of money it takes to press charges against an individual to essentlally bankrupt them. That is the PR equivalant of shooting yourself in the foot. Apple had to stop Psystar becasue as a business, they can do more damage - PJ said it himself:

Sons, why do you think Psystar used the master copy? Because it's a business, and in a business, efficiency is money. That's why businesses set themselves up, to make money. The whole world is not with you on a holy war to destroy EULAs and the GPL. Even this rinkydink business wanted to make money. Theoreticals belong on message boards, not in business and definitely not in courtrooms, and even on message boards, everyone told you for years that this wouldn't work out if someone tried it. It's been tried. It didn't work out.

Going after consumers is a zero sum game that just costs Apple money for no gain - it’s not going to stop Hackintoshing either. Yes theoretically they could just like the cops could theoretically stop every speeder or every jaywalker. The cops spend more resources going after bigger offenders. Thats what went on here. Apple was well within their rights and to no surprise, they exercised those rights.

 

[MorphingDragon]

I guess that takes care of that.

The read certainly looks like Apple could go after 80% of it's consumer users if it so chooses. F'n Apple.

Calm down man, its not like Apple is the RIAA or something.

 

[pdjudd]

Calm down man, its not like Apple is the RIAA or something.

I anticipate the complaints that the usual folks will bring forth when this hits page 1 will try to equate Apple with the RIAA, MPAA or what not. To those guys Apple is the big bully going after the little guy - and not the big bully has a nice new stick.

Of course to the rest of us who actually pointed out the exact reasons why Pysytar was wrong and have been doing so for months, this is a big “told ya so!”. It isn’t over, but the big claims are decided, the ones that are left are ones that Apple is still sure to win based on this decision.