It’s (Mostly) Over: Apple & Psystar Strike A Deal

Apple and arch-rival clone maker Psystar agreed to settle a 17-month lawsuit on Monday which will effectively put an end to spunky upstart Psystar preinstalling Mac OS X on its Intel-based computers.
Details of the settlement are scarce, but Psystar indicated in a motion submitted Monday that additional details would be forthcoming today, according to Computerworld. The deal may not completely close the door on Mac clones, as Psystar hopes to continue offering a $50 utility called Rebel RFI which allows users to install Mac OS X on their own systems, rather than have Psystar bear the burden of doing it at the time of purchase.
The settlement with Apple requires that Psystar pay the Mac creator an as-yet unspecified sum for damages, although it won’t be awarded until Psystar exhausts all of its appeal options.
“Psystar has agreed on certain amounts to be awarded as statutory damages on Apple’s copyright claims in exchange for Apple’s agreement not to execute on these awards until all appeals in this matter have been concluded,” Psystar’s motion reads. “Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple’s copyright claims.”
While Psystar is conceding defeat on its preinstalled Mac OS X clones, they don’t plan to go down without a fight where its Rebel RFI utility is concerned. “Rebel EFI is entirely a software product,” they claim. “It does not involve the assembly by Psystar of any computers. Nor does Rebel EFI contain or include Mac OS X. Rebel EFI consists solely of Psystar software available for sale and download through Psystar’s website.”
It remains to be seen how this ancillary legal tussle will play out, but one thing’s for sure: The fat lady hasn’t quite sang her last note in this case just yet.













