Aug 11

Judge Dismisses Mac Cloner Psystar’s Bankruptcy

Posted in: Apple, Hacks, Hacks, Mods and DIY, Law, Mac, Today's Chili

picture-4A judge has granted Mac cloner Psystar’s motion to dismiss its bankruptcy filing under the stipulation that the company could not file for bankruptcy again for six months, which would stall Apple’s lawsuit.

Psystar in May filed a voluntary petition for bankruptcy protection with the Florida courts. The move temporarily put Apple’s legal case on hold while the bankruptcy court began proceedings. Then Psystar moved to drop the bankruptcy saying it could not handle two cases simultaneously.

Judge William Alsup granted Psystar’s request to dismiss the bankruptcy filing under the condition that for a period of six months, the company could not file for bankruptcy a second time to continue to stall Apple’s lawsuit. (For a more detailed report written in legalese, see MacObserver’s article.)

Apple in July 2008 filed suit against Psystar alleging copyright, trademark and shrink-wrap license infringement — three months after Psystar opened its Mac clone business, selling a PC hacked to run Mac OS X Leopard.

Apple forbids its operating system to be installed on anything but Apple products. The corporation alleges Psystar is violating the Mac OS X end-user agreement, which states, “You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.” The corporation also alleges Psystar is committing copyright infringement by installing OS X on non-Apple hardware.

Psystar and Apple are scheduled for a Jan. 11. 2010 trial unless a settlement on summary judgment is reached before that date.

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Image: Psystar


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