In an interesting – and potentially even more expensive – twist to the Apple/Psystar legal case, it’s now emerged that not only are Apple looking for financial restitution from the clone-makers, but the recall and destruction of every Psystar machine running OS X that has been sold. However, while this is remarkably thorough on Apple’s part, some are questioning whether the move could in fact leave them open to more copycat machines should the final ruling not go entirely their way.
Assuming Apple wins the whole case, and the judgement demands every Psystar machine be recalled and destroyed, other companies are unlikely to attempt to produce their own Hackintosh machines in future. However, if the ruling decides that, while damages are in order, Psystar should instead of a recall be forced to pay licencing fees to Apple for their use of OS X, this sets a worrying precedent for the Cupertino company.
Other companies offering Hackintosh machines will, according to Don Reisinger’s theory, use such a legal outcome against Apple should they themselves come under the company’s legal fire. He suggests that the potential for establishing a business in the closed environs of Mac hardware will be temptation enough to run the risk of an Apple court case.
Psystar is unlikely to survive no matter the outcome; whether from the legal fees or an Apple-friendly ruling, they’ve probably not sold enough clones to keep up against Cupertino’s voracious lawyers. However, the cost for Apple themselves might be much more than financial should the courts not agree with their OS X hyperbole.