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Apple Asks Court to 'Permanently Enjoin' Psystar

Posted by Lora Bentley Nov 25, 2009 1:00:47 PM

PC Magazine reports Apple has asked the court to permanently enjoin Mac clone maker Psystar from infringing its copyrights on the OS X operating system. Writer Chloe Albanesius quotes court filings this way:

A failure to enjoin Psystar from continuing its unlawful activities would constitute an involuntary license of Apple's immensely valuable intellectual property and encourage others to follow Psystar's pattern of deliberate disregard of well-established law. Accordingly, this court should grant a permanent injunction of a scope that will unequivocally end Psystar's unlawful conduct.

Specifically, Apple wants the court to enjoin Psystar from directly or "indirectly infringing on its copyrights" and circumventing any of the protection measures that are built into the operating system.

 

The move after Apple won a summary judgment against Psystar in its copyright infringement suit. Though Apple has also asked for money damages in the suit, the company argues that damages alone will not restore the damage that Psystar's actions have already done to Apple's business and its good name.

 

According to chillingeffects.org, to receive a permanent injunction under the Digital Millenium Copyright Act, Apple must show "there is no plain, adequate and complete remedy at law and that an irreparable injury will result unless the relief is granted." Apple undoubtedly believes it can prove these things or it would not be asking for such relief.

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