3 Count: Game Over

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1: Game Over for Mac Clone Maker Psystar

First off today, Mac clone maker Psystar has now been given a permanent injunction against selling computers with Apple’s OSX operating system pre-installed, finalizing a temporary one handed down earlier and putting an end to this case, or at least this element of it.

Psystar was sued for making and selling “hackintosh” systems that included OSX but were not official Apple products, something Apple’s license with OSX prohibits. The two had reached a partial settlement more recently where Psystar agreed to stop selling computers with OSX preinstalled but, with this injunction filed, it appears the issue was moot.

However, the case is not totally resolved. Psystar still distributes a product called Rebel EFI that customers can use to install OSX on their computer. It is unclear if this is covered by the injunction, the judge, however, indicated that Psystar is in a gray area with it saying that “Whether Rebel EFI violates the terms of the injunction set forth in this order is a factual issue more appropriate for a contempt action.”

Psystar had stopped selling computers with OSX sometime earlier this month, switching instead to selling plain systems with Rebel EFI. Psystar, however still has until December 31 to comply with the order.

2: Vimeo Accused Of Copyright Infringement For Encouraging Lip Dubs

Video-sharing site Vimeo is on the receiving end of a lawsuit from the record label EMI, which accuses the site of encouraging users to make “lip dub” videos where they pretend to sing popular songs, including those by EMI artists. EMI alleges that Vimeo not only hosts the lip dub videos, but encourages and instructs its users on how to make them.

The legal issues are murky in this case. Though safe harbor protection normally prevents sites such as Vimeo from being held responsible for infringement by users, if it can be showed they had “actual knowledge” of the infringement, they can lose those protections. Likewise, the Grokster ruling says that companies who “induce” infringement can be held liable.

However, there is also an issue as to whether or not lip dub videos are infringing or are a fair use.

Vimeo has not responded but you can rest assured I will be following this lawsuit very carefully.

3: FBI Makes Arrest in ‘Wolverine’ Uploading Case

Finally today, the FBI, after a lengthy investigation, has made an arrest in the leak of the latest Wolverine movie, which was leaked onto file sharing networks and viewed some 4.1 million times before reaching theaters.

Gilberto Sanchez, from Bronx, NY, was arrested Wednesday morning. An unsealed grand jury indictment accuses Sanchez of uploading the video to the site Megaupload under the names “theSkilled1” and “SkillyGilly” but it is unclear how he obtained a copy of the film and if he was the source of the leak.

If convicted, Sanchez faces up to three years in prison and a fine up to $250,000 or two times the gross gain or loss, whichever is greater.

Wolverine went on to do very well at the box office, grossing almost $375 million in ticket sales. Fox, the studio behind the film, has expressed support for the actions of the FBI and the FBI Los Angeles field office, which is leading the investigation, has not ruled out more arrests.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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