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Psystar loses big against Apple

UnknowingFool (672806) writes | more than 4 years ago

3

UnknowingFool (672806) writes "Apple has won their summary judgment at Psystar for copyright infringement and DMCA violation. Psystar's first sale defense was rejected by the court. Psystar also was denied on their summary judgment motion against Apple for trademark infringement and trade dress. There are still issues to be decided but they are only Apple's allegations: breach of contract, induced breach of contract, trademark infringement, trademark dilution; trade dress infringement, state unfair competition, and common law unfair competition. Even if Psystar wins all of them, it is unlikely to help them very much."
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sucks to be psystar right now. (1)

shentino (1139071) | more than 4 years ago | (#30101636)

Looking at the groklaw article it seems that Psystar's lawyers caved and waived every single defense they had for them.

This smells like a setup job to get Apple a cushy precedent.

Any decent company in Psystar's position right now would be out for blood in the form of malpractice suits.

What sucks even worse is that Psystar's blunders are interpreted as waivers and binding precedent is being set.

Finality in litigation is a complete sham and only serves to set in stone every single little error, and encourages attorneys to be vicious sneaky bastards looking for jugulars to bite, instead of rational human beings hammering out an investigation to find out what really happened.

Re:sucks to be psystar right now. (1)

headhuntermdk (1669530) | more than 4 years ago | (#30103166)

Looking at the groklaw article it seems that Psystar's lawyers caved and waived every single defense they had for them.

This smells like a setup job to get Apple a cushy precedent.

Any decent company in Psystar's position right now would be out for blood in the form of malpractice suits.

What sucks even worse is that Psystar's blunders are interpreted as waivers and binding precedent is being set.

Finality in litigation is a complete sham and only serves to set in stone every single little error, and encourages attorneys to be vicious sneaky bastards looking for jugulars to bite, instead of rational human beings hammering out an investigation to find out what really happened.

Tell us how you *really* feel

Re:sucks to be psystar right now. (1)

earthforce_1 (454968) | more than 4 years ago | (#30103258)

What I really feel?

The DMCA sucks so bad it could be a perfect vacuum. I knew it was a nightmare when Clinton signed it. And I will fight the world wide DMCA
http://en.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement [wikipedia.org]
with every resource at my disposal.

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