May 16, 2012
Another Poor And Broken Company Looks To Apple For A Handout
Michael Harper for RedOrbit.com
Remember Psystar? The last of the Macintosh Clones?Steve Jobs famously ran off Mac clones when he returned in the 90s and yet, Psystar somehow managed to become a thorn in Apple´s side for years. On Wednesday, the US Supreme Court denied their request to review a lower court´s decision which keeps them from selling machines with OS X.
According to CNET, the decision to not hear the case only upholds a previous ruling made by the US Court of Appeals last September. In that case, the court ruled once more against Psystar, saying their business model violates Apple´s copyrights.
Going back even further, Apple took Psystar to court in 2008 for copyright infringement. It seems the company was buying copies of OS X from Apple, installing them on their own hardware, and then selling them to customers under the name “OpenMac.”
In response, Psystar said Apple wasn´t following their own guidelines and therefore, were the real culprits when it came to copyright misuse.
It was a carefully crafted argument, to be sure.
So, in 2009 a US District Court sided with Apple, stating that Psystar had, in fact, “violated Apple's exclusive reproduction right, distribution right, and right to create derivative works.” This ruling led to a permanent injunction against Psystar, and has been upheld since December 2009.
During all of these legal battles, the cash-strapped Psystar went through 2 different law firms before they finally settled on K. A. D. Camera of Camera & Sibley. In the end, Psystar had to file for bankruptcy, leaving Apple the victor over these legal matters and Psystar with naught but permanent injunctions against them blocking them from selling any hardware with OS X installed or any other form of Mac clone.
Despite the fact that Psystar is broke, their attorney pushed ahead with the appeal, hoping to get some of Apple´s sweet, sweet cash. Imagine their disappointment as the Appeals Court upheld the ruling. Now, with the courts completely against Psystar, it is likely the final blow has been dealt against them.
Speaking with CNET, Camera has said, "We are sad. I'm sure that the Supreme Court will take a case on this important issue eventually."
According to PCMag, the company left clones and began making t-shirts in the wake of all their legal pitfalls with Apple. Today, their website is down.
If this whole business of a poor and destitute company drying up every last bit of their resources hoping for some sort of payoff from one of the World´s wealthiest companies sounds familiar to you, then you have clearly been paying attention to the legal battles going on in Hong Kong between Apple and Proview.
Proview, you´ll remember is suing Apple for trademark infringement, saying Apple bought the iPad trademark under some false pretenses, or at least, under a false name. The company had no problem letting the iPad trademark go for a meager $55,000 in 2009. But when they saw how much money Apple was making from the device, they suddenly saw a way to get their creditors off their backs. Unfortunately, Proview´s creditors are local banks, and they are owed some $14 million. Therefore, Apple isn´t having the same luck in Hong Kong with Proview as they have in the US against Psystar.
Hopefully we won´t see any other bankrupt companies suing Apple for a quick payday. Oh, wait...