As per the agreed extension between the parties, Psystar filed its opening brief with the Ninth Circuit yesterday. However, the entire thing was filed under seal, but you can find the actual filing at the “World of Apple” web site (http://news.worldofapple.com/archives/2010/05/18/apple-v-psystar-psystar-files-opening-brief-in-appeal/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+WorldOfApple+%28World+of+Apple%29). Apple’s response is due June 16.
In January Psystar officially filed its Notice of Appeal in the copyright suit it lost against Apple. The appeal involved a copyright infringement suit Apple brought against Psystar to stop the Florida company from selling Psystar computers with Mac OS X installed.
In December 2009 Apple won a permanent injunction against Psystar. Granted by Judge William Alsup of the US District Court for the Northern District of California, it prevents the Mac cloner from selling clones, installing Mac OS X on any hardware, and selling or copying Mac OS X.
Psystar also can’t manufacture, import, offer to the public, provide or otherwise traffic in any technology, product, service, device, component, “or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure.As for Rebel EFI, the judge while expressing that Psystar was not very clear about what it does, refused to exclude it from the injunction, and says Psystar continues to sell it “at its peril” at the risk of “finding itself in contempt if its new venture falls within the scope of the injunction.”