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Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver
We're sure Psystar, its lawyers and its tens of fans, didn't really expect to win the appeal it filed following the permanent injunction handed down against its commercial hackintoshes, but you can't blame the company for trying. A little over three years after the drama began, with Apple suing to ban Psystar's products, it seems the epic tale has come to an end. The company hasn't really been in business since December of '09 anyway, so today's ruling upholding the injunction won't make much of a difference either way. We're just sad that this may, in fact, be the last time we ever hear from Eugene Action -- let's take a moment to reminisce, shall we?
Psystar files official notice of appeal, ruthlessly attacks windmill
We're still not clear on whether Psystar is still in business, 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 won by Apple a month ago. Just based on the simple open-and-shut legal reasoning 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 like Psystar attorney Eugene Action. 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 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 to shut down 'immediately,' world shrugs
Has the saga finally come to an end? Dow Jones is reporting that Psystar will be firing its eight employees and then "shutting things down immediately," in the words of the company's attorney with the bad-ass name, Eugene Action. Besides, after the latest round of losses at the hands of Apple, this should come as a shock to nobody. Now that we've put all that behind us, can we concentrate on something of importance -- like Tweeting swears from the Zune HD Twitter app?
Psystar banned from copying any version of OS X, helping others install it
And it's all over, folks: The US District Court for the Northern District of California has just permanently forbidden wannbe Mac cloner Psystar from selling modified versions of OS X, providing any tools that enable users to bypass the OS X kernel encryption, and / or intentionally aiding anyone else from infringing Apple's OS X copyrights in any way. We knew this was coming following Apple's decisive victory against Psystar last month -- the only open questions were whether the court would include Snow Leopard and Psytar's Rebel EFI software in the ban, since the lawsuit was specifically about Leopard and Rebel EFI wasn't the subject of any proceedings. Both issues were predictably resolved in favor of Apple: the court specifically included Snow Leopard and any future versions of OS X in the scope of the injunction, and while Judge Alsup couldn't address Rebel EFI directly, he did expressly forbid Psystar from "manufacturing, importing, offering to the public, providing, or otherwise trafficking" in anything that circumvents Apple's OS X hardware locks -- which we'd say covers Rebel EFI's functionality pretty thoroughly. Psystar has until December 31 to comply, and the Judge Alsup isn't kidding around: "Defendant must immediately begin this process, and take the quickest path to compliance; thus, if compliance can be achieved within one hour after this order is filed, defendant shall reasonably see it done." Psystar can still appeal, obviously, but it's already got its own hefty legal bills and a $2.67m fine to pay to Apple, so we've got a feeling this one might have reached the end of the line. P.S.- Amusingly, Judge Alsup appears to be pretty sick of Apple's shenanigans as well: in the section discussing Snow Leopard, he says Apple first tried to block any discovery of Snow Leopard before the OS was released, and then pushed to include the software in the case after it launched. That's why the Florida case over Snow Leopard wasn't merged into this case -- Alsup thought it was a "slick tactic" that "smacked of trying to 'have it both ways,' and offended [his] sense of fair play." Ouch.
Psystar's Mac clones all sold out
It didn't take long, but it seems that sometime in the night, following their agreement with Apple, Psystar has mysteriously run out of stock on all of their Mac clones. Apparently their settlement with Apple on the order of $2,000,000USD has caused them to accept defeat. Given that they only sold 768 clones over the course of the past two years, I don't imagine the inability to sell their hardware will have much of an impact on their financial statements. Down but not out, however, Psystar is still selling its Rebel EFI product which is used to circumvent OS X's EFI requirements for installation. In other words, it aims to make it dead simple to install Snow Leopard on any PC. Psystar's basis for continuing to sell Rebel EFI is that it was not included as part of the original case in San Francisco. Even though another major chapter in the Apple v. Psystar battle has come to a close, it looks like Apple has some more work to do in Florida in order to stamp out the Rebel fires and finally squash this little bug of a company. Remember that Psystar is suing Apple in its native state Florida and in this case the issue of Rebel's legality/legitimacy is likely to come up. Psystar may be circling the drain, but they're not done kicking yet.
Psystar releases Rebel EFI installer, further enrages Apple
When not flying the Hackintosh banner, filing lawsuits, or generally positioning themselves as the gadfly on the ass of Apple, the kids at Psystar have been hard at work developing the software meant to free us all from the iron grip of Cupertino-approved hardware. And now, a mere two weeks since the company announced that it will be licensing its Darwin Universal Boot Loader to third parties, we submit for your approval a little something called Rebel EFI. Available to you -- the consumer -- right this very moment, the app will function as a universal installer for any modern OS -- provided your machine sports an Intel Core 2 Duo, Core 2 Quad, i7 or Xeon Nehalem processor. And of course, "any modern OS" includes Snow Leopard. What are you waiting for? Download the trial version for free (limited functionality, runtime of two hours) or download the full deal for the introductory price of $50 (full retail is $90). [Via iHackintosh]
With a rebel Dell, Psystar tries more, more, more
Psystar, that pesky little thorn in Apple's side, has released Rebel EFI. According to Psystar, the app, available for $49.99 through the company's site, "allows for the easy installation of multiple operating systems," including Mac OS X, on a vanilla PC. Besides bypassing EFI requirements, Rebel EFI can also detect for Mac OS X compatible and incompatible hardware, and automatically download appropriate drivers. Skeptical? No worries: the app is free to try (as an ISO download), with a two hour time limit. To each their own, and if running Mac OS X on non-Apple specified hardware floats your boat, then you should also be aware of the risks involved. In other words, back up your data if you are attempting such a thing. Second, and more importantly, there's the issue of licensing: Apple prohibits the installation of Mac OS X on non Apple-branded machines. Psystar giveth and Psystar must also taketh. One wonders how Psystar will react when people illegally use Rebel EFI, just like Psystar is allegedly misusing Mac OS X, as pirated versions inevitably circulate around the Interwebs. Thanks to everyone who sent this in. [via The Loop]
