Court Declares Psystar “Admitted Counterfeit” in Mac OS X Copyright Infringement Case, Apple Wins Summary Judgement – Highlights

Monday, November 16, 2009
By OP Editor

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Continued from first Page of Apple vs Psystar, detailed court findings

Psystar vs Apple, Court Determines: Psystar Admitted Counterfeit

Right to Create Derivative Works

Psystar infringed Apple’s exclusive right to create derivative works of Mac OS X under Section 101 of the Copyright Act.

Psystar made modifications to the Mac OS X that replacing OS X bootloader, disabling and removing Apple kernel extensions files, adding non-Apple kernel extensions.

Court: “Psystar contends that this did not amount to creating a derivative work, because Apple’s source code, object code, or kernel extensions were not modified. This argument is unavailing. Psystar admittedly replaced entire files within the software while copying other portions. This resulted in a substantial variation from the underlying copyrighted work. In fact, if the bootloader and kernel extensions added by Psystar were removed, then the operating system would not work on Psystar’s computers. The inclusion of the copyrighted Mac OS X with the above-described additions and modifications makes Psystar’s product an infringing, derivative work.” [p9 13-20]

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