Dec 21

Psystar to Keep ‘Fighting on,’ Says Cloner’s Lawyer

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

It’s unclear whether Psystar, a Mac cloner that recently lost a long legal battle with Apple, is dead or alive. The startup was quoted in a news report saying it was shutting down, and then in a followup story the company retracted the statement.

Apple last week won a permanent injunction against Psystar. The injunction effectively banned Psystar from selling Mac clones or distributing tools that would enable consumers to create their own Hackintoshes.

Subsequently on Friday, Dow Jones Newswire quoted Psystar’s company attorney Eugene Action, who said the startup would immediately fire its employees and shut down. Psystar’s website promptly went offline.

However, hours later lead counsel K.A.D Camara said the opposite in an interview with Computerworld, as well as an e-mail statement provided to Wired.com. He said Action had been misquoted and that the company plans to ask the judge to decide the legality of Rebel EFI, a piece of software that enables consumers to make their own Hackintoshes. (Though the permanent injunction effectively banned the functionality of Rebel EFI, Rebel EFI was not explicitly mentioned in the case.) Psystar’s website went back online over the weekend.

“Psystar is fighting on,” Camara told Wired.com in an e-mail. “Psystar will file a motion in Judge Alsup’s court asking him to decide the legality of Rebel EFI.  Judge Alsup invited us to do that in his injunction order. Psystar will also appeal Judge Alsup’s summary judgment to the Ninth Circuit.”

After Apple filed its lawsuit against Psystar in July 2008 alleging copyright infringement, the Florida start-up filed an antitrust suit against Apple alleging the corporation was violating laws discouraging monopolies.

Camara told Wired.com the antitrust suit will proceed.

In a settlement, Psystar agreed to pay Apple $2.7 million in damages. However, the company will not be required to pay a dime until the appeals process is complete.

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Photo courtesy of Psystar


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