The first major battle in a case with potentially significant implications for the enforceability of EULAs has just been fought. The result was disappointing. Judge Alsup, a federal judge in the Northern District of California, just granted Apple summary judgment on its copyright claims in Apple v. Psystar. Apple, of course, is the major California computer company. Psystar is a small Florida company that gained notoriety in April of last year for their “Open Computer,” which optionally shipped with Mac OS X installed (a legally purchased, retail copy of the operating system was also included in the box). Apple was predictably displeased with Psystar for selling what are essentially Hackintoshes and sued the company in June of 2008. Other Mac clone manufacturers have popped up, but Psystar became the movement’s figurehead. Its litigation with Apple promised to test the legality of the cloning business model. That test has so far gone very poorly for the cloners.
Continue reading “Apple v. Psystar and the undying EULA question – by “Michael M””