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Psystar to Apple: Would You Consider $50,000 Cash and $2.65 Million in Unsold Hackintoshes?

by John Paczkowski
Posted on December 1, 2009 at 4:50 PM PT

Print Post to Twitter

vultures-150x133 If this isn’t the end of the line for Psystar, it’s damn near close to it. According to court papers filed Tuesday, the Mac clone maker has opted to pay $2.7 million in damages rather than continue its ill-starred legal battle with Apple.

Under the terms of the agreement, Psystar will pay Apple (AAPL) damages totaling $1,337,550 for all the copyright, DMCA, and breach of contract claims against it and another $1,337,500 in attorney fees and additional damages. In return, Apple will drop all its trademark, trade dress and unfair competition claims against Psystar. Cupertino has also agreed not to “seek to execute on the money judgments…until any and all appeals in this matter are concluded or the time for filing any such appeal has lapsed.”

Not that Apple is likely to collect that money, anyway. As I’ve noted here before, Psystar’s total assets, according to its bankruptcy filing, are no more than $50,000.

The agreement if full, below.

Apple Psystar Settlement Agreement

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  • George Slusher
    Love the photo! (the buzzards, not you! <G>)
  • elmorfudwel
    Pystar,Pystar, Pystar. We keep hearing from them and not Apple.

    I'll wait to hear reports from Apple's Legal before I believe any of this.
  • fring
    'Apple will drop all its trademark, trade dress and unfair competition claims against Psystar.'
    Not so, you should not take anything Psystar says at face value. They have reserved the right to reintroduce these aspects of the case at a later date.
    This is the trouble when you try to condense the whole affair into a few lines in the rush to post quickly to the tubes - not enough research or understanding of the legal niceties.
  • JohnPaczkowski
    Perhaps I missed something, but according to my reading of the document, Apple has dismissed without prejudice “its right to refile in the future” all trademark and unfair competition claims.
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About John

John Paczkowski has been poking fun at the tech industry and the personalities that drive it since 1997. From 1999 to 2007, he wrote the award-winning tech news Web log Good Morning Silicon Valley for the San Jose Mercury News, Silicon Valley's daily newspaper. Read more »

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