Psystar's 22-page filing in a Northern District of California court comes after Judge William Alsup cleared the way for the changes last week. The complaint now begins by trying to differentiate between computers that are simply capable of running Mac OS X, which Psystar calls "Mac OS Capable Computer Hardware Systems", and those computers built by Apple itself. The split is key as it sets up a competitive environment between Mac-like systems instead of Apple fighting only Windows and other non-Mac platforms, notes AppleInsider.

"The most significant competitive threat to Apple is not from a new operating system," the complaint says, "but from computer hardware systems manufacturers that may offer a competing hardware platform upon which to run the Mac OS."

Last week Alsup ruled that the Florida-based clone-builder can continue its countersuit against Apple. He also suggested that if Psystar can prove the allegations made in the countersuit, not only would this help Psystar’s care, it could also allow other companies to load Mac OS X onto Mac clones and sell them legally, the article adds.

In papers filed with a San Francisco federal court in December, Psystar repeated its argument that Apple has abused copyright laws by tying the Mac operating system to Apple hardware. The filing came in response to an Apple motion asking U.S. District Alsup, who tossed out Psystar's original antitrust allegations against Apple last November, to also throw out the Florida company's revamped countersuit.

"Apple contends that because Psystar is 'distributing computers with Apple's copyrighted software loaded on them' that 'Apple is within its rights in asserting copyright infringement'," the company said in papers filed Jan. 7. "Apple's assertion that Psystar cannot distribute computers with Apple software (and that a purchaser could not use the same) would run roughshod over 17 U.S.C.," Psystar added, referring to the section of U.S. law that pertains to copyright.
Computerworld says that Psystar claims that it has purchased some copies of Mac OS X directly from Apple and installs the operating system on its hardware.

"Psystar distributes computers with legitimately purchased copies of Mac OS loaded thereon," the company said. "Many of those copies [were] directly obtained from Apple. While Psystar complies with Section 117(b) of the Copyright Act, Apple attempts to usurp those limitations by telling Psystar and its customers that Apple -- and Apple alone -- will say 'whether, how or by whom its software is ... distributed or used.' "

The clone maker said Apple "is prohibited from bringing action against Psystar for the alleged infringement of one or more of the plaintiff's copyrights for failure to register said copyrights with the copyright office as required." Psystar also claimed that Apple's Mac OS X 10.5 ("Leopard") operating system contains undocumented code designed to render inoperable personal computers that aren't running on Apple-approved hardware.

Also in December Apple added new charges to the federal lawsuit it filed nearly five months ago against a Florida clone maker, claiming that Psystar broke antipiracy defenses that lock Mac OS X to its own hardware.

Apple said others besides Psystar were involved, but it didn't spell out who. In a filing dated Nov. 26, Apple amended its original suit of July after it had "discovered additional information." Among the additions is a new accusation -- that Psystar violated the Digital Millennium Copyright Act (DMCA) by dodging copy-protection technologies Apple uses to protect Mac OS X.

Psystar has claimed in the past that 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 response, Apple said the defendant, Psystar, “is knowingly infringing Apple’s copyrights and trademarks, and inducing others to do the same.” Psystar makes and sells personal computers that use, without permission, Apple’s proprietary operating system software.

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