He also gave the nod to Apple's argument that Psystar illegally created "derivative works" of Mac OS X by modifying the operating system so it would install and run on clones. "Psystar admittedly replaced entire files within the software while copying other portions," said the judge. "This resulted in a substantial variation from the underlying copyrighted work. In fact, if the bootloader and kernel extensions added by Psystar were removed, then the operating system would not work on Psystar's computers."

Although Alsup's ruling did not specifically mention subsequent moves by Psystar, which include , that program may now be in legal jeopardy.

"In sum, Psystar has violated Apple's exclusive reproduction right, distribution right, and right to create derivative works," Alsup said in the order. "Accordingly, Apple's motion for summary judgment on copyright infringement must be granted."

Alsup also ruled in favor of Apple's claim that Psystar violated the DMCA by breaking the antipiracy technology that locks Mac OS X to Mac hardware. to its original allegations in November 2008.

"Psystar has used decryption software to obtain access to Mac OS X and to circumvent Apple's technological measure when modifying Mac OS X in its production process," Alsup said. "This is a violation of the Section 1201 anti-circumvention provision of the DMCA."