Psystar makes and sells personal computers that use, without permission, Apple’s proprietary operating system software. "In an obvious attempt to divert attention from its unlawful actions, Psystar asserts deeply flawed antitrust counterclaims designed to have this Court force Apple to license its software to Psystar, a direct competitor," Apple says. "The Court should reject Psystar’s efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice."

Psystar claims Apple has violated Sherman antitrust rules and other U.S. laws. Psystar claims in court documents filed in U.S. District Court for San Francisco that Apple “has engaged in certain anticompetitive behavior and/or other actions that are in violation of the public policy underlying the federal copyright laws.”

In July Apple filed suit against Psystar, the company that for months had been selling the Open Computer, a Mac clone. Apple is suing the company for violating its intellectual property rights.

Psystar announced on April 14 that it was planning to ship a US$399 expandable tower that is a “Leopard compatible Mac built from standard PC-parts and taking advantage of the osx86project to accomplish the task.” And in June the company announced a line of OpenServe rack-mount servers compatible with server operating systems such as Mac OS X Leopard Server, Microsoft Server 2003/2008, CentOS and Ubuntu Server.

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