US Supremes hammer final nail into Psystar coffin
The fat lady croons doom tune over hackintosher's corpse
The long and sordid Psystar saga creaked to its anti-climactic close on Monday: the US Supreme Court has refused to hear the hackintosher's request to review an appeals court's September 2011 decision not to overturn a December 2009 permanent injunction preventing the Florida company from selling Mac OS X–based clones.
"We are sad," said Psystar attorney K.A.D. Camara in an emailed statement, Computerworld reports.
Channeling the vision of the great ballpark philosopher Lawrence Peter Berra, who famously said "It ain't over 'til it's over," Psystar left no legal stone unturned in its efforts to keep selling the Mac clones it first unveiled four years and one month ago.
But when the US Supremes say it's over, it is, indeed, quite decidedly over – and when Psystar Corp. v. Apple Inc. appeared with 282 other petitioners in the court's "Certiorari Denied" summary disposition this Monday, the clonemaker and T-shirt vendor ran out of options.
We won't recount all the details of Psystar Corp. v. Apple Inc. – those Reg readers who are new to the case or simply want to take a stroll down litigious memory lane can do so here. In a nutshell, however, Apple sued Psystar in July 2008 to stop the hackintosher from selling its "OpenMac" clones – which, by the way, were quickly redubbed "Open" and "OpenPro". The next month, Psystar announced that it would take legal action against Cupertino, alleging – among other things – that Apple's end-user licensing agreement was in violation of antitrust laws.
In late 2009, Psystar was reduced to selling T-shirts to help pay its legal bills
The past four years have seen a war of legal filings and court decisions, with Apple winning the big battles and Psystar managing to gain the upper hand in a only skirmish or two. Now, however, fans of David-and-Goliath legal soap operas will need to find another storyline to latch onto.
May we suggest the Chinese iPad-trademark dispute between Apple and Proview Technology? Although there were reports last week that a settlement was being discussed, and although a US court recently threw out Proview's claims that Apple's acquisition of the trademark was fraudulent, there may be plenty more months – years? – of legal meanderings in the offing.
Perhaps Proview might drop K.A.D. Camara an email. After all, he has one fewer case taking up his billable hours these days. ®
Re: No surprise ...
Not quite...they had a brief flirtation with clone makers in the late 90s...I remember running a Quadra-clone around 97-98. Then, when Steve Jobs returned, one of his first actions was to stop licensing Mac OS to the clone makers. Whatever you think of Jobs, one thing you have to give him credit for is sorting out the *unholy* OS mess that Apple had got themselves into around that time. Every six months there was a new initiative. Pink. Taligent. Your Mom's Operating System. It was brutal.
Anyway the saddest thing about this Psystar case is why Psystar's management persisted so long. Even with a slick-willy lawyer egging you on, you must know when to fold up and go home, surely? Your job as CEO is to do the best by your company, your investors...and continue to be in business. Seems to have failed on all counts.
Re: ITS ABOUT TIME
Diana Ross was a geordie?
Silvery Aluminium Things Inc reserves exclusive right to assemble its overpriced consumer-unfriendly crap.
No surprise ...
Apple have gone after anyone who tried to produce clone Macs since the '80s. Nothing changes.
Re: ITS ABOUT TIME
"I HAVENT HEARD ANYTHING FROM DIANA ROSS SINCE LOVE TO LOVE YOU BABBY"
that was Donna Summer you numpty.