The drama with Psystar and Apple continues in that annoying he-said-she-said sort of way. InformationWeek reports that, according to court papers, Psystar is claiming Apple never filed for copyright for OS X with the U.S. Copyright Office and so, has no grounds for a copyright infringement suit.
News of Apple’s suit against Psystar emerged back in mid-July, several months after the computer manufacturer started shipping its Mac clones. Apple was reportedly suing the company over a violation of the Leopard End User Licensing Agreement, which states the software must be installed on an Apple branded machine. If Psystar’s claim turns out to be true it could spell big trouble for Apple’s attempt to sue the smaller company.
A federal judge last month threw out Psystar’s countersuit against Apple, which saw the company claim Apple’s EULA violates antitrust laws. Psystar filed the suit in August, however Apple remained fairly quiet about the situation until October when it emerged that the Cupertino company had gone to a federal judge and requested the dismissal of the countersuit, claiming the monopoly allegations made by Psystar were “deeply flawed.”
Earlier this month Psystar ditched the antitrust angle for copyright abuse and we guess this is what the company was talking about. We’ll keep you posted on any developments in this case.
Read more on InformationWeek about Psystar’s claim that Apple never filed for copyright protection with the U.S. Copyright Office.
Who says Psystar needs anyone to fund their legal battle. I bet there are hundreds if not thousands of lawyers who would love to take this case pro-bono. Or, if they feel Psystar has a chance they would sue Appple for legal fees. And who is Apples biggest enemy? It isn't Microsoft since they have bailed Apple out when they were going bankrupt, need them around so they won't be considered a monopoly,and provide Apple Operating systems with software such as Office (which Apple needs on their OS more than Microsoft needs to sell to the Apple OS market). Apples biggest enemy is probably Palm and RIM since the iPhone is tearing up there marketshare, but they have nothing to gain from this. If you asked Apple I'm sure they'd say their biggest enemy is Psystar since this will open the floodgates to devices being sold that use Apple's OS without being made by Apple, which, IMHO is the real monopoly. Imagine the price cuts Apple would need to make if there was a $350 EEEPC running OSX. Thats what theyre scared of.
An enemy of your enemy is your friend. And who is Apples biggest enemy? Hmmmmmm......
But I don't see how Apple patenting the product changes the fact that Psystar is still using their product (not a rip off of allegedly non-patented components) against it's terms of service.
But I certainly hope they knock Apple down a couple hundred pegs.