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Unauthorized Mac clone maker Psystar appeals Apple lawsuit


Thursday Psystar officially filed a notice of appeal regarding the permanent injunction against the company prohibiting it from selling hardware with Apple's operating system.

According to official court documents, Psystar filed a appeal on Friday regarding the permanent injunction issued by U.S. District Judge William Alsup which prohibited the company from selling hardware able to run the Mac OS X operating system.

The injunction was issued following a lawsuit leveled at Psystar by Apple on grounds of copyright infringement in July of 2008. Psystar unsuccessfully countersued, accusing Apple of using anti-competitive tactics to unfairly squeeze out possible rivals.

In early December of 2009, Psystar had agreed to pay Apple a $2.7 million partial settlement. The injunction soon followed, effectively ending Psystar's business.

Despite claims that the company was giving up and closing its doors, Psystar's lawyers reiterated the fact that it would remain a company and would continue to fight. The company currently still has a website, although the only product offered is a t-shirt with the slogan "I sued Psystar … and all I got was a lousy injunction" written on it. Donations are also encouraged in the amounts of $20, $50, or $100.

Since Dec. 22, Psystar had "temporarily" halted sales of its Rebel EFI software, an application that allows Intel-powered PCs to run Mac OS X 10.6 Snow Leopard, due to the fact that the original ruling was not clear about the legality of the software.

On the front page of its website, Psystar writes: "We respectfully disagree with courts notion that we are 'hardcore copyright infringers.' Psystar has never, and will never, condone software piracy. It's your software, you should be able to use it where you want to. If you purchase an off-the-shelf copy of OS X Snow Leopard, its your right to use that software.

"A publisher cannot forbid you from reading a book in the bathroom or listening to a music disc while riding your bicycle. There should be no difference in the software realm, no matter how much money Apple or anyone else throws at it. That is the real issue here and what we have always been fighting for."