Apple demands permanent injunction against Psystar

Posted by Aharon Etengoff

Apple has asked the Northern District Court of California to impose a permanent injunction against Psystar.

According to expert witness Matthew R. Lynde, the controversial Mac clone manufacturer has "inspired" other companies to undertake similar "infringing" activities.

"For example, a company called Quo Computer announced a retail store in Los Angeles, opening on June 1, 2009, selling Quo-built computer systems with Mac OS X preinstalled. TechSpot magazine describes Quo computers as 'seek[ing] to fill gap left by Psystar,'" testified Lynde.

Apple demands permanent injunction against Psystar

??"Another company called AppleOpen Systems describes itself as offering 'Open Architecture Design for Mac OS X 10.5 Leopard.' An OSNews report confirmed the existence of Quo and indicated that these are not the only companies that are trying to sell systems with Apple's Mac OS X preinstalled on non-Apple hardware, with other 'clone makers' reportedly operating in Russia, the UK, Germany, the Netherlands, France, Belgium, and Luxemburg."

?Lynde also recommended that Psystar reimburse Apple for statutory damages, as well as attorneys' fees and costs. ??However, Lynde conceded that Psystar would likely be "unable to pay" if such damages were actually awarded.

??Indeed, Lynde estimated copyright statutory damages at $1,500-$300,000, while the cost of DMCA violations is expected to range from $449,500 to $4,495,000.
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