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Psystar Files Anti-trust Suit Against Apple

By - Source: Tom's Guide | B 7 comments

It’s been a while since we heard anything from Psystar or Apple regarding the impending copyright infringement suit the latter filed against the Mac clone company a couple of months back. Today it emerged that Florida-based Psystar will counter sue and has filed an anti-trust lawsuit against Apple.

The company has been making noise about a countersuit for months now. As soon as Psystar started selling the computers (back in April), people were speculating as to how long it would take Apple to take notice and file a lawsuit to put an end to the whole nasty business. When Psystar got wind of the rumors about Apple suits, the company vowed to challenge Apple’s EULA. In an interview with InformationWeek, a Psystar employee named Robert was quoted as saying, “"What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?" and it seems the company is sticking to its story that Apple’s EULA is warrants an anti-trust suit.

Psystar president, Rudy Pedraza told us back in April that the company was just trying to help Steve Jobs because he didn’t make enough money. According to CNET, Pedraza said in a press conference Tuesday that Psystar was trying to make Leopard "more accessible" by offering it on less expensive hardware than Apple.

According to CNET, Psystar’s attorneys called Apple’s copyright infringement accusations "misinformed and mischaracterized." The company claims that what is installed or shipped with the PCs they tout is a fully licensed and unmodified copy of Apple’s software and that the company has just "leveraged open source-licensed code including Apple’s OS" to enable users to run Leopard on a machine that isn’t a Mac.

Last time we contacted Psystar for comment we were told there was no one (PR or otherwise) that could comment on the Apple suit and that we would have to email press@psystar.com. We were told the same this time around and when we pointed out that we were still waiting for a reply to an email we sent mid-July, we were told the only way to get a press comment was to send an email because, “there’s no one here qualified to talk about it”. We asked if a supervisor could put us through to someone who was qualified and again he told us, the only way to get a comment would be to email press@psystar.com. Here goes nothing.

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  • 1 Hide
    1haplo , August 28, 2008 7:08 PM
    Go Psystar! Kill the Apple monopoly!

  • -1 Hide
    Anonymous , August 28, 2008 8:02 PM
    It was only a matter of time before anti-trust lawsuits started coming up... as Apple gets more popular more ridiculous lawsuits will come up.
  • 1 Hide
    falchard , August 29, 2008 5:02 AM
    Last time I check Linux was an open source Operating System, and the Leapord OS is based on it. So there is grounds for it depending on if they borrowed un-open source programs.
  • Display all 7 comments.
  • 1 Hide
    Anonymous , August 29, 2008 5:58 AM
    It's not a ridiculous lawsuit. It actually needs a legal debate. Pystar is using precedent “A purchaser of a copy of a copyrighted computer program may still sell his copy to another without the consent of the copyright holder.”. However, Apple has a EULA that only allows MacOS on apple branded computers. Does Apple have the right to enforce such a EULA? That is up for debate. Microsoft tried tying Internet Explorer to Windows. This can be construed as a similar tie-in and as such an anti-trust matter.
  • 0 Hide
    Anonymous , August 29, 2008 1:37 PM
    "Last time I check Linux was an open source Operating System, and the Leapord OS is based on it. So there is grounds for it depending on if they borrowed un-open source programs."

    Leopard is not based on Linux. Why don't you go google a bit before posting.
  • 0 Hide
    JMcEntegart , August 29, 2008 4:28 PM
    It’s been a while since we’d heard anything from Psystar or Apple regarding the impending copyright infringement suit the latter filed against the Mac clone company a couple of months back. Today it emerged that Florida-based Psystar will countersue...

    Psystar Files Anti-trust Suit Against Apple : Read more
  • 0 Hide
    nvalhalla , August 29, 2008 4:38 PM
    The problem is that currently no one "owns" the software they buy, they license it. It is the reason they can place restrictions on it's use that Honda couldn't put on it's cars. I would like to see that change.
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