In a ruling that's a surprise to no-one in the tech industry, a U.S. District Court judge has ruled against Psystar, a company manufacturing Mac clones.
The short of it: Psystar established a business to sell Mac software on non-Apple hardware. Apple contended in a lawsuit that the Mac OS X end user license agreement (EULA) prohibits the use of the software on machines not manufactured by Apple.
U.S. District Court Judge William Alsup issued a summary judgment on Friday, coming out in favor of Apple.
Groklaw writes of the decision:
Psystar just got what's coming to them in the California case.... It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal.
Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse....Here's what's left to be decided at trial: Apple's allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition.