Although a judge recently ruled in favor of Apple in its copyright infringement case against Psystar, the two companies have reached a new settlement, according to Computerworld and other reports.
Details are sketchy at this point, and there's no confirmation from Apple, but Psystar claimed in a motion filed Monday that a partial settlement has been reached.
"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," noted Psystar's motion filed in federal court in San Francisco. "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."
Psystar also seems to be looking for a loophole against any injunctions. Apple had asked the court to prevent Psystar from selling clones not just with Leopard, but also Snow Leopard, which was released after the lawsuit began. But in its filing, Psystar argued that it should be allowed to sell its Rebel EFI utility, which lets customers install Snow Leopard on clones sold by the company, thus moving the legal burden away from Psystar.
Psystar's motion also indicated that another motion with further details would be filed Tuesday with Judge William Alsup.
Apple's lawsuit against Psystar began in July 2008 after Psystar started selling Mac clones with OS X installed on them. Apple has argued that its end user license lets people install its operating system on Apple computers only.
On November 13, Alsup ruled in favor of Apple, finding that Psystar's use of OS X on its clones was not "fair use" as the company contended and further finding that Psystar violated the Digital Millennium Copyright Act (DMCA) by "circumventing Apple's protection barrier."
Since then, Apple has been keen to shut down Psystar's Mac clone business permanently, calling for an injunction against the company and potentially millions of dollars in damages, substantially more money than the clone maker has.
Alsup's findings and Apple's fervor in going after Psystar raise the question of why Apple would agree to any kind of settlement at this point. A hearing was set for December 14, with a full trial scheduled to start in January. But if the latest news from Psystar is true, then the company may be able to avoid further courtroom drama.
Neither Psystar nor Apple has responded to requests for comment. We'll provide further details of this latest development as court documents become available.
A judge has ruled in Apple's favor in its copyright-infringement case against Psystar, which has been selling Mac clones running Mac OS X.
U.S. District Court Judge William Alsup on Friday granted Apple's request for a summary judgment, while denying Psystar's counterclaim.
"In sum, Psystar has violated Apple's exclusive reproduction right, distribution right, and right to create derivative works," Alsup wrote in the ruling (PDF), which was posted by legal site Groklaw.net.
Apple filed its suit in July 2008, a few months after Psystar began selling Mac clones. The case revolved around Psystar's contention that it could run Apple's Mac OS X operating system on non-Apple machines. Apple denied this, stating that its Mac OS X end user license agreement allows people to install the OS on Apple computers only.
Both Apple and Psystar had a requested a summary judgment, which is a determination made without trial based on the merits of a case.
Neither Apple nor Psystar could immediately be reached for comment.
One of Psystar's contentions was fair use. The judge rejected this, stating the company "does not even attempt to address the four factors used to determine fair use." Another of Psystar's claims was "first sale" doctrine, which allows someone who buys copyrighted material to sell it. But Alsup said this doctrine applies only to legal copies, not to the "unauthorized copies" that Psystar produced.
The judge also ruled in favor of Apple's claim that Psystar violated the Digital Millennium Copyright Act. "Psystar has violated the DMCA by circumventing Apple's protection barrier and trafficking devices designed for circumvention," Alsup said.
In addition, the judge rejected Psystar's claims that Apple had misused its copyright and that Apple's licensing agreement was unduly restrictive.
Alsup's ruling did not include a permanent injunction against Miami-based Psystar because, he said, Apple has not requested one yet.
There are other claims Apple has made that could still go to trial, including breach of contract, trademark infringement, and trademark dilution. A hearing to determine remedies is set for December 14. The trial has been scheduled to begin in January.
Updated at 4:15 p.m. PST with more details from the ruling.
Google plans to release a Mac beta of Chrome in early December, judging by some chatter on a mailing list for the browser.
Chrome 4.0 is available today as a beta version for Windows but only as a rougher developer-preview version on Linux and Mac OS X. The standout feature of the new version is customization through extensions, a technology that long has been a core asset of another open-source browser, Firefox.
Google has been moving to a new extensions presentation technology called Browser Actions that let people interact with extensions through a small button toward the upper right of the browser window. "We've noticed that many of you have updated your extensions to take advantage of the new UI. We'd like to encourage the rest of you to do so as well," said Nick Baum, a Google Chrome product manager, in a mailing list posting.
But here's the hitch: Browser Actions only work on Windows and Linux right now. That means those building extensions will leave Mac Chrome users behind for a time. But in telling those developers they won't have long to wait, Baum mentioned the deadline for the beta version.
"The earlier you switch, the more time you will have to polish your experience for our Beta launch in early December," he said.
And Google is on the case for adding Browser Actions to the Mac version of Chrome.
"We realize this means dropping Mac support for a couple of weeks, but we already have people working on that," Baum said. "If you prioritize the Windows and Linux versions, we'll bring you cross-platform parity as soon as we can!"
Apple on Monday released an update for Mac OS X Snow Leopard, bringing the current version to 10.6.2.
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Apple)
An important issue that caused data to be deleted when using a guest account has been fixed, according to Apple. While the bug didn't affect all users, it was widespread enough to cause concerns for users over the past couple of weeks.
In addition to fixing a number of security issues, Mac OS X 10.6.2 also addresses 14 problems found in the operating system, including an issue that caused some users to be logged out of their systems unexpectedly.
If you use Exchange contacts, you'll be pleased to know that your Spotlight searches will now show those contacts in the results. Setting up an Exchange server shouldn't cause Apple's Mail app to crash with the new version.
The update also includes what Apple calls "general stability improvements" for iWork, iLife, Aperture, Final Cut Studio, MobileMe, and iDisk.
Apple also updated Mac OS X Leopard Server to version 10.6.2, addressing issues with the company's server product.
The server update fixed problems with adding and removing imported users in Server Preferences, syncing content using a Portable Home Directory, and filtering incoming mail messages.
Other issues fixed with the server version include creating images using Apple's System Image Utility and automating the installation of NetRestore images.
Mac OS X 10.6.2 client and server are available as free updates from Apple's Web site.
Psystar, the clone company Apple is suing for selling generic hardware with the Mac OS pre-installed, is expanding its business to include selling software that will allow anyone to install Apple's operating system.
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Psystar)
Psystar said on Thursday that its Rebel EFI suite is available for download from its Web site. The software will allow anyone to install any modern operating system on their computer, including Apple's Mac OS X Snow Leopard.
According to the company, the software is compatible with the Intel Core 2 Duo, Core 2 Quad, i7 or machines running the Xeon Nehalem CPU.
A demo version of the software is available for download so users can "test-drive" it before they buy. Psystar says the demo would allow users to install Mac OS X, but with "limited hardware functionality as compared with the full version."
Psystar said after downloading the software, users just need to burn it to a CD and follow the onscreen instructions. The full version of the Rebel EFI suite, removing any hardware limitations, costs $49.99.
Microsoft's Windows 7, released today, is also compatible with the Rebel EFI suite, according to Psystar.
Psystar is best known for selling clone computers and being sued by Apple for copyright infringement. A trial date has been set for January 11, 2010.
Programmers have mostly overcome a crucial hurdle to releasing a beta version of Chrome for the Mac, printing support, but several Windows 7 features won't make the cut for the present 4.x version of Chrome.
The Mac printing support is now added, according to the Google browser's issue-tracking system, though there are "minor remaining issues" and the new features aren't yet distributed with the software.
Google has cited Mac printing support as one holding back a Mac version of the browser. Mac support is important for the company's ambitions to spread the browser and its fast-Web philosophy to mainstream users. The Linux version, while less mainstream now, also is important since it's the foundation of Google's Chrome OS project to build a browser-based operating system for Netbooks.
But on the Windows side of the shop, a number of planned features to support Windows 7 were pushed back to the next version Chrome on Wednesday. That includes support for showing thumbnails of open tabs on the task bar, showing "jump lists" for quick actions such as links recently or frequently visited pages, pinning thumbnails to the task bar, and overlaying a download progress status bar on the Chrome icon.
The present beta and stable releases that Google issued Monday, Chrome version 3.0.195.27 (download for Windows only), are members of the 3.x family. The developer preview is in the 4.x family (download for Windows or Mac OS X). The Windows 7 features had been slated for the 4.x series, but now are planned for version 5, according to the issue-tracking system.
The change doesn't indicate the features have retreated into the distant future, though; Chrome version numbers change relatively rapidly, as evidenced by the move to version 4 in just over a year.
Also pushed back to the 5.x series is built-in support for discovering when Web pages have RSS feeds, one of Chrome's most-requested features. Its absence is ameliorated by a Chrome sample extension for RSS, though.
Extensions remain a work in progress. New ones are arriving steadily, and existing extensions such as Lastpass for filling in passwords and forms and AdSweep for blocking ads is progressing. But Google recently switched interfaces, dropping the use of a toolstrip across the bottom of the browser with pop-up "moles" in favor of browser actions, small icons along the top of the browser.
Apple on Thursday released a relatively minor update for Mac OS X Snow Leopard that fixes an issue users had with the operating system that downgraded them to an older version of Adobe Systems' Flash Player.
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Apple)
When Apple released Snow Leopard on August 28, it included an older version of Adobe's Flash plug-in that was known to have security issues. Sophos security expert Graham Cluley warned users of the downgrade and urged anyone who installed the operating system to upgrade immediately.
Snow Leopard 10.6.1 addresses this issue by updating the Flash Player plug-in to version 10.0.32.18, the most current, stable release from Adobe.
While that is the big news for Apple's first Snow Leopard update, the company did include some minor fixes as well. The new version includes improved compatibility with Sierra Wireless 3G modems and addresses an issue that caused some DVDs to stop playback.
Printer compatibility has been improved, and so has the automatic account setup in Apple's Mail application. An issue that affected Motion 4 becoming unresponsive has also been fixed.
Mac OS X 10.6.1 can be downloaded from Apple's support Web site or via the software update mechanism in Mac OS X.
Mac OS X Snow Leopard has been available for one week, and for the most part, users are reporting very few problems upgrading.
While not everyone is thrilled with the way Apple handled the release, it turns out that Snow Leopard is Apple's most compatible operating system release ever. According to sources familiar with Snow Leopard's internal testing process, Apple kept an enormous amount of statistics on third-party application compatibility.
They said that Apple not only tracked many of the most widely-used apps, they tracked many of the shareware apps, as well. If an application exhibited problems, the developers were notified of the incompatibility and were offered help to make it Snow Leopard-compliant.
It's true that Apple did not offer a public beta of Snow Leopard, but it did expand the seed program with this release. Some large and small businesses, as well as individuals were included in the beta program for Snow Leopard. Of course, developers have access to the code through Apple's Developer Program, to test their apps through the entire process.
Apple began working with developers in June 2008, according to my source. This gave developers the maximum amount of time to check their apps against the new operating system.
While complete data was not available for this story, anecdotal evidence suggests that upgrade problems with Snow Leopard are not widespread.
That's not to say there aren't problems. CNET's Rafe Needleman found several apps that didn't work with the new operating system. Apple also posted a list of incompatible software on its support Web site.
BusinessWeek's Stephen Wildstrom feels that the compatibility problems with Snow Leopard are "widespread but not pervasive."
Wildstrom says that Apple should have done three things differently: it should have released a public beta; it should have provided a pre-upgrade compatibility checker; and he feels developers weren't given enough time with the finished code.
Apple has built a potentially dangerous downgrade into Mac OS X Snow Leopard, according to a security expert.
When Apple's updated operating system is installed, it downgrades Adobe Systems' Flash to an earlier, less secure version. Sophos security expert Graham Cluley said Wednesday in a company blog post that Apple installs version 10.0.23.1, which has not been upgraded to protect users against the latest threats.
"Mac users who have been diligent enough to keep their security up-to-date do not deserve to be silently downgraded," Cluley said in the blog. "We know that hackers keep finding security holes in Adobe's code--and that's deeply concerning because it is so widely used by many internet users, whether on Mac or PC."
Cluley said users need to upgrade Flash Player for Mac immediately to the most current version, 10.0.32.18. Failing to do so could open up users to vulnerabilities that have targeted Flash over the past several months.
"This should be done as a matter of priority," Cluley said. "Adobe is the 'new Microsoft' when it comes to security vulnerabilities, with hackers targeting their software looking for vulnerabilities to exploit."
Adobe has been in the spotlight since last month's release of Snow Leopard, as it works with users on compatability questions regarding its Creative Suite products.
(Via AppleInsider)
Google released an update for Chrome to fix compatibility problems with Snow Leopard on Monday, which along with other fixes shows the gradually maturing state of the Mac OS X version of the browser.
Chrome 4.0.203.4 for the Mac is only a couple notches up the version ladder than the version 4.0.203.2 it replaces, but there are some significant changes in the developer-preview software. For Snow Leopard compatibility, programmers fixed a garbled text bug, said Jonathan Conradt, a Chrome engineering program manager, in a blog post Monday.
Google began Chrome on Windows but has been gradually moving it to Linux and Mac OS X. Those versions so far are still only developer-preview incarnations not ready for prime time yet, though I find myself gradually slipping over to Chrome on my Mac system now that it's getting mature enough for me. I suspect a beta version isn't far off.
Google is fleshing out some basic features, though. One user-interface tweak enables support for command- and shift-clicking.
Another feature coming to the Mac is support for the tab-to-search feature in the omnibox. That lets you perform a site search directly from the address bar by typing a URL, for example news.cnet.com, then the tab key, then search terms.
Tab-to-search also works with Amazon, Google, Google News, and Yahoo, The New York Times, but not Bing yet. I search a lot, and this saves me one step and waiting for a page to load just so I can click in its search bar.
The tab-to-search feature has arrived on Chrome for Mac OS X, too.
(Credit: Screenshot by Stephen Shankland/CNET)The most annoying issue I've found--and let me know if I'm missing something obvious here--is that I lose the file-upload dialog box while using Gmail with Chrome on Mac OS X if I switch away from the application while halfway through. If I don't attach a file immediately, that tab's instance of Gmail becomes useless because I can't get back to it.
Performance still is an issue with the Mac version, though. I was pleased to see some work on new-tab creation speed, with programmer Mark Mentovai using various changes to work the time from 1-3 seconds down to a fifth of a second.
Google is working hard to spread Chrome, though it has small market share at present. It's now installed as the default browser on some Sony laptops, as Endgadget noticed in July with the Vaio NW, and I heard about earlier in August.
Google has been advertising the browser as well and is at work making it the foundation of its Chrome OS.
