Feeds

Apple wins right to continue Hackintosh beating

A very dead horse

The Power of One Infographic

Erstwhile Apple clone-maker Psystar is trying to escape, but Apple won't let them.

Psystar, which announced its line of Mac clones just over a year ago, filed for bankruptcy this May in order to elude Apple's legal minions - but Cupertino is having none of it.

And neither is the judge. Last Friday, Judge Robert A. Mark of the US Bankruptcy Court of the Southern District of Florida signed an order allowing Apple to proceed in its copyright-infringement case against the Florida ex-Hackintosher.

Apple's intent is to pursue the case, win it, and make an example of Psystar if it decides to play Whac-a-Mole on Hackintoshers such as RussianMac, OpeniMac, and Quo Computer. And Apple must believe that it has legal logic on its side, or it wouldn't have filed the motion back in early June to have the case continue to judgment.

The case is about precedent, not money. Mark's ruling explicitly states that "Apple must seek further relief from this Court before executing any money judgment obtained in the Infringement Action." And Apple is reported to have said that it won't.

This latest order is just the most recent in the legal sniping between Apple and Psystar. Last July, Apple filed its copyright-infringement lawsuit against the Florida clonemaker. The following month, Psystar announced that it would file a countersuit alleging that Cupertino was engaging in improper restraint of trade under the US Sherman Antitrust Act and Clayton Antitrust Act.

In October, Apple filed a legal "In yo' face!" by requesting that the court dismiss Psystar's anti-trust complaint "with prejudice." A few weeks later, the court ordered the two feuding companies to take their tussle into private mediation.

But a judge dismissed Psystar's suit against Apple - although it did leave the Hackintosher an opening, saying that it could try again if it came up with a better argument.

Perhaps smelling a bit of blood in the water, Apple piled on. In December, it amended its complaint against Psystar, adding the charge that the Floridians had violated the Digital Millennium Copyright Act by reverse-engineering protected Apple code.

That filing fortified the rumor mongers who were whispering about who might be funding Psystar's legal efforts - deep-pocket PC vendors were most often mentioned - when Apple mentioned mysterious third-party "John Does" as co-conspirators. Those Does, by the way, have yet to be identified.

Psystar got a bit of good news in February of this year when a judge allowed it to continue its legal action against Apple as long as it dropped its monopoly charges and focused instead solely on copyright issues.

This May, however, Psystar threw in the towel and filed for bankruptcy - but that didn't end the matter, as this most recent ruling that Apple's case can continue has proven.

It's been a sad and sordid saga - and it's not yet over. ®

Top three mobile application threats

More from The Register

next story
NEW Raspberry Pi B+, NOW with - count them - FOUR USB ports
Composite vid socket binned as GPIO sprouts new pins
Child diagnosed as allergic to iPad
Apple's fondleslab is the tablet dermatitis sufferers won't want to take
Microsoft takes on Chromebook with low-cost Windows laptops
Redmond's chief salesman: We're taking 'hard' decisions
For Lenovo US, 8-inch Windows tablets are DEAD – long live 8-inch Windows tablets
Reports it's killing off smaller slabs are greatly exaggerated
Seventh-gen SPARC silicon will accelerate Oracle databases
Uncle Larry's mutually-optimised stack to become clearer in August
EU dons gloves, pokes Google's deals with Android mobe makers
El Reg cops a squint at investigatory letters
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Mobile application security vulnerability report
The alarming realities regarding the sheer number of applications vulnerable to attack, and the most common and easily addressable vulnerability errors.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.