Psystar Appeals Injunction in Apple Infringement Case

Lora Bentley

Last Friday, Mac clone maker Psystar appealed the injunction entered by the U.S. District Court for the Northern District of California that prevents it from "copying, selling, distributing or creating derivative works of Mac OS X without Apple's authorization." InfoWorld reports the company filed its appeal in the U.S. Court of Appeals for the Ninth Circuit, and has also destroyed all but one copy of its Rebel EFI software, which allows users to install Mac OS X on non-Apple hardware.


Psystar stopped selling computers and software when it reached a partial settlement with Apple late last year. It stopped selling its Rebel EFI software four weeks ago to comply with the lower court's injunction, the story says. In a compliance status report filed with U.S. District Judge William Alsup, Psystar CEO Rudy Pedraza explained the company had gone one step further than required by the injunction. He said:

Pursuant to an agreement between counsel for both parties...counsel of Psystar is retaining one copy of Rebel EFI (and prior versions of Rebel EFI) and all software used in connection with running OS X on non-Apple computers for use in subsequent litigation.

The Florida-based company has indicated that it will not go out of business completely if these appeals are unsuccessful. Instead, it will sell computers pre-loaded with Linux and Windows. And I have to wonder at what Pedraza might be hinting when he says they're hanging on to copies of the software for use in "subsequent litigation." Surely there won't be more.

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