Psystar, a Mac cloner, claims it bought Mac OS X from Apple and can do what it wants to with the ope
TweetFollow Us on Twitter

Psystar, a Mac cloner, claims it bought Mac OS X from Apple and can do what it wants to with the ope

In papers filed with a San Francisco federal court last week, Psystar Corp. 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 Court Judge William 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 says 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.' "

Last month 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 also 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, notes Computerworld.

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.








 
AAPL
$567.77
Apple Inc.
+43.02
GOOG
$525.16
Google Inc.
-1.78
MSFT
$39.86
Microsoft Corpora
+0.17
MacNews Search:
Community Search:

Latest Forum Discussions

See All
view counter

view counter
view counter
view counter
view counter
view counter
view counter

Pen & Ink Review
Pen & Ink Review By Jennifer Allen on April 24th, 2014 Our Rating: :: CONVENIENT ARTISTRYiPad Only App - Designed for the iPad Pen & Ink is an ideal way to sketch down some visual ideas or simply spark your imagination.   | Read more »
Sonic & All-Stars Racing Transformed...
Sonic & All-Stars Racing Transformed Now Free, to Add New Iconic Characters and Elements Posted by Tre Lawrence on April 24th, 2014 [ | Read more »
Soccer Rally 2 Review
Soccer Rally 2 Review By Carter Dotson on April 24th, 2014 Our Rating: :: GOALKEEPINGUniversal App - Designed for iPhone and iPad Soccer Rally 2 is the most serious vehicular soccer game ever created.   | Read more »
Galaxy Conquerors Review
Galaxy Conquerors Review By Jennifer Allen on April 24th, 2014 Our Rating: :: RETRO SHOOTINGUniversal App - Designed for iPhone and iPad Old school shooting is fun but inaccurate in Galaxy Conquerors.   | Read more »
Yomi Review
Yomi Review By Rob Thomas on April 24th, 2014 Our Rating: :: C-C-C-COMBO BREAKERiPad Only App - Designed for the iPad Round One – Fight! No quarters required for this iOS adaptation of a tabletop adaptation of the arcade fighting game genre. How’s that for a combo?   | Read more »
Injustice: Gods Among Us Updated with Ne...
Injustice: Gods Among Us Updated with New Characters, Leaderboards, Gear, and Online Multiplayer Posted by Rob Rich on April 24th, 2014 [ | Read more »
Spin It Review
Spin It Review By Jordan Minor on April 24th, 2014 Our Rating: :: SPIN ME RIGHT ROUNDUniversal App - Designed for iPhone and iPad Spin It has a fine puzzle game model, but its execution lacks energy.   | Read more »
Productivity App NoteSuite is Having its...
Productivity App NoteSuite is Having its Biggest Sale Ever, Just for One Week Posted by Rob Rich on April 24th, 2014 [ permalink ] | Read more »
Wayward Souls Review
Wayward Souls Review By Carter Dotson on April 24th, 2014 Our Rating: :: CARRY ON, WAYWARD SONUniversal App - Designed for iPhone and iPad Wayward Souls is a roguelike-inspired action-RPG that sets a high bar for other games to compare to.   | Read more »
The Sandbox Gets Update, Receives New Ca...
The Sandbox Gets Update, Receives New Campaign and New Elements Posted by Tre Lawrence on April 24th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
All contents are Copyright 1984-2010 by Xplain Corporation. All rights reserved. Theme designed by Icreon.