Original URL: http://www.theregister.co.uk/2009/11/25/apple_clone_ban/
Apple wants life ban for clone maker
No sequel for Psystar
Apple is seeking a permanent injunction to stop Psystar ever again selling cloned Mac software or hardware.
Apple won a recent injunction but wants this to be extended to cover Snow Leopard, because otherwise Psystar will not stop copying its intellectual property. The company is also seeking damages and attorney fees.
It is asking the court to permanently prevent Psystar from infringing Apple copyrights in Mac OS X, circumventing protection measures in the software, possessing or selling such circumvention devices.
One document filed by the court reveals that Psystar actually saw the litigation as a positive benefit and included it when pitching for venture capital money.
A presentation given to potential investors said:
The on-going litigation will insulate Psystar from competing with other PC manufacturers in the OS X arena
* The anti-competitive nature of Apple's EULA makes it an illegal contract.
* Once the litigation is over that contract will become invalid, opening Mac OS to other OEMs.
* This presents us with a unique window of opportunity to gain market share and achieve brand recognition before competitors can even enter the market.
But Apple's licensing agreement was not thrown out by the court. Still nice to see "get sued" being used as a business plan again.
Groklaw has all the details and documents. ®