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Apple seeks injunction against Psytar

Author: Gareth Halfacree

Published: 26th November 2009

http://www.bit-tech.net/news/bits/2009/11/26/apple-seeks-injunction-against-psystar/1

Apple is on the warpath with Psystar, using its summary judgement to argue the case for a permanent injunction.

Following the judgement against Psystar earlier this month, Apple has done the obvious: applied for a permanent injunction to stop the company selling 'hackintosh' systems running Mac OS X.

As reported by PC Magazine, the Cupertino-based company has used the findings of Judge William Alsup - who issued a summary judgement against Psystar arguing that the resale of Mac OS X on third-party hardware represented a violation of "Apple's exclusive reproduction right, distribution right, and right to create derivative works," - as the basis for another filing which asks for Psystar to be permanently prevented from reselling its operating system.

As part of the filing, Apple claims that "unless Psystar is permanently enjoined, it will not stop its unlawful conduct – conduct that is causing irreparable harm to Apple's business, brand, and goodwill," - damage that the company claims is "undisputed and overwhelming."

If the courts find in Apple's favour, the injunction would see Pystar prevented from further infringement of Apple's intellectual property rights with regard to Mac OS X, while bringing the Digital Millennium Copyright Act to bear in order to further prevent the company from circumventing protection measures built into Mac OS X and designed to prevent installation on non-Apple hardware - in other words, pretty much 90 percent of Psystar's business.

Apple is also requesting damages as part of the suit, but claims that "money damages alone could never compensate for the irreparable injury that Apple has suffered," and that "accordingly, this Court should grant a permanent injunction of a scope that will unequivocally end Psystar's unlawful conduct."

The hearing is due to start on December 14th.

Do you think that Apple is using an extremely large hammer to crack an incredibly small nut, or does the company have every right to protect its image - and profits - by preventing resale of its operating system? Share your thoughts over in the forums.