allaboutsymbian
January 16th, 2010, 17:40
http://www.blogcdn.com/www.engadget.com/media/2008/07/7-16-08-apple-psystar.jpg (http://stadium.weblogsinc.com/engadget/files/Psystar-order.pdf)
We're still not clear on whether Psystar is still in business (http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/), or if it's selling anything other than T-shirts, but the would-be Mac cloner isn't totally out of the game yet: it's filed an official notice of appeal in the California court, which means it's going to try and fight that decisive victory and injunction (http://www.engadget.com/2009/12/16/psystar-banned-from-copying-any-version-of-os-x-helping-others/) won by Apple a month ago. Just based on the simple open-and-shut legal reasoning (http://www.engadget.com/2009/11/14/apple-wins-copyright-infringement-case-against-psystar-in-califo/) involved in the decision -- surprise, you can't copy, modify, and resell a copyrighted work without permission -- we'd say this appeal is a long shot, but we didn't go to Harvard Law School (http://myharvardlawyer.us/) like Psystar attorney Eugene Action (http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/). Man, we missed that guy. Let's quote from his website again, shall we?
The matrix is born and the energy sucking machine herds Americans into pods of predetermined limitations. Forced programming on your computer is just one of the provisional patents looming against freedom and democracy. Capitalism spurring innovation and creativity through open and competitive markets is at risk on this new frontier. This new battle is being fought on the abstract electronic plains of America while most of us cannot even open our email. The beachheads are red with the blood of ambitious Americans gunned down for their initiative.
Let's be honest: we never, ever, want this story to end.
P.S. -- Wondering why Rebel EFI is listed as "out of stock" on the Psystar website? It's because there isn't any stock, shockingly enough -- in a statement filed with the court on December 31, Rudy Pedraza says all copies of the bootloader have been destroyed (http://docs.justia.com/cases/federal/district-courts/california/candce/3:2008cv03251/204881/247/) except for one that's in the possession of his attorneys. Between this appeal and the pending case in Florida over Snow Leopard, we'd say that means it'll be a long time before the software is back on the scene -- enough time for the legit OSx86 scene to leapfrog it entirely.Psystar files official notice of appeal, ruthlessly attacks windmill (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/) originally appeared on Engadget (http://www.engadget.com) on Sat, 16 Jan 2010 12:32:00 EST. Please see our terms for use of feeds (http://www.weblogsinc.com/feed-terms/).
Permalink (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/) | http://www.blogsmithmedia.com/www.engadget.com/media/post_label_source.gifMacObserver (http://www.macobserver.com/tmo/article/psystar_officially_files_notice_of_appeal_in_apple _lawsuit/) | Email this (http://www.engadget.com/forward/19319303/) | Comments (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/#comments)
More... (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/)
We're still not clear on whether Psystar is still in business (http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/), or if it's selling anything other than T-shirts, but the would-be Mac cloner isn't totally out of the game yet: it's filed an official notice of appeal in the California court, which means it's going to try and fight that decisive victory and injunction (http://www.engadget.com/2009/12/16/psystar-banned-from-copying-any-version-of-os-x-helping-others/) won by Apple a month ago. Just based on the simple open-and-shut legal reasoning (http://www.engadget.com/2009/11/14/apple-wins-copyright-infringement-case-against-psystar-in-califo/) involved in the decision -- surprise, you can't copy, modify, and resell a copyrighted work without permission -- we'd say this appeal is a long shot, but we didn't go to Harvard Law School (http://myharvardlawyer.us/) like Psystar attorney Eugene Action (http://www.engadget.com/2009/12/19/psystar-still-in-business-or-not-in-business-or-something/). Man, we missed that guy. Let's quote from his website again, shall we?
The matrix is born and the energy sucking machine herds Americans into pods of predetermined limitations. Forced programming on your computer is just one of the provisional patents looming against freedom and democracy. Capitalism spurring innovation and creativity through open and competitive markets is at risk on this new frontier. This new battle is being fought on the abstract electronic plains of America while most of us cannot even open our email. The beachheads are red with the blood of ambitious Americans gunned down for their initiative.
Let's be honest: we never, ever, want this story to end.
P.S. -- Wondering why Rebel EFI is listed as "out of stock" on the Psystar website? It's because there isn't any stock, shockingly enough -- in a statement filed with the court on December 31, Rudy Pedraza says all copies of the bootloader have been destroyed (http://docs.justia.com/cases/federal/district-courts/california/candce/3:2008cv03251/204881/247/) except for one that's in the possession of his attorneys. Between this appeal and the pending case in Florida over Snow Leopard, we'd say that means it'll be a long time before the software is back on the scene -- enough time for the legit OSx86 scene to leapfrog it entirely.Psystar files official notice of appeal, ruthlessly attacks windmill (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/) originally appeared on Engadget (http://www.engadget.com) on Sat, 16 Jan 2010 12:32:00 EST. Please see our terms for use of feeds (http://www.weblogsinc.com/feed-terms/).
Permalink (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/) | http://www.blogsmithmedia.com/www.engadget.com/media/post_label_source.gifMacObserver (http://www.macobserver.com/tmo/article/psystar_officially_files_notice_of_appeal_in_apple _lawsuit/) | Email this (http://www.engadget.com/forward/19319303/) | Comments (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/#comments)
More... (http://www.engadget.com/2010/01/16/psystar-files-official-notice-of-appeal-ruthlessly-attacks-wind/)