Hasta La Gadget!

Apple on Tuesday afternoon won a permanent injunction against Psystar, a Florida-based Mac cloner. The ruling prohibits the startup from selling hardware hacked to run Mac OS X.

US. District Judge William Alsup issued the ruling, banning Psystar from the following:

• Infringing Apple’s copyrights in Mac OS X .
• Circumventing any technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers.
• Creating or selling a product intended to circumvent Apple’s methods for preventing Mac OS X to be installed on non-Apple hardware.
• Aiding or abetting any other person or entity to infringe Apple’s copyrighted Mac OS X software.
• Doing anything to circumvent the rights held by Apple under the Copyright Act with respect to Mac OS X.

In short, that means Psystar can no longer ship generic hardware that’s running Mac OS X. And the cloner can’t sell goods that assist consumers in creating Hackintoshes. Psystar must comply no later than Dec. 31, 2009.

However, it doesn’t spell a complete end to Psystar’s Rebel EFI software, a $50 downloadable utility that enables consumers to create Hackintoshes of their own — even though the ruling about circumvention applies to DIY solutions. Psystar argued Rebel EFI was not explicitly covered in this case and thus should not be included in the injunction. Alsup said Rebel EFI was not covered in the injunction, but the startup could continue to sell its software “at its own peril.”

“What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself held in contempt if its new venture falls within the scope of the injunction,” the final judgment states.

Long story short, even though Rebel EFI was not explicitly mentioned in the case, its functionality is banned by this injunction. So although technically Rebel EFI can be sold, it would be a very, very bad idea.

Psystar opened its business selling Mac clones in April 2008. Apple filed a lawsuit three months later against Psystar, alleging copyright, trademark and shrink-wrap licensing infringements.

Final Judgment [pdf] via AppleInsider via Macworld

Updated 11 a.m. PDT with clarifications regarding the ruling’s effects on Rebel EFI.

See Also:

• Apple, Mac Cloner Agree to Settle Lawsuit; Psystar Still Kicking …
• Mac Cloner Psystar Guilty of Violating Apple’s Copyright
• Mac Cloner Psystar Sold Fewer Than 1000 Hackintoshes
• Mac Copycat Psystar Gets Ammo to Countersue Apple

Photo: Psystar