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Apple Files 10 Claims Against Psystar

By - Source: Tom's Guide | B 5 comments

Details of the suit filed by Apple against Mac cloner Psystar are doing the rounds and it doesn’t look good for those of you who actually purchased the computer. Among other things, Apple is asking for a total recall of Psystar’s Open Computers and the court documents show that this suit is not just about breaching Leopard’s EULA.

All together the 18 page court document outlines 10 claims against Psystar relating to copyright infringement, dilution of the Apple brand and loss of profits. Apple asks that a court order be issued “requiring Psystar to recall all such products sold to the public as a result of Psystar’s infringement of Apple’s copyrights."

Aside from a total recall, Apple is asking the courts to award them damages for the dilution of their brand. The company also claims Psystar openly admitted that it knew full well it was in breach of Apple copyrights (and indeed, this is apparent from our conversations with Psystar president, Rudy Pedraza), which means Apple is entitled to triple the amount of damages incurred as a result of Psystar’s actions or triple the amount of Psystar’s profits, whichever is higher.

While all this goes on it seems the Psystar website is up and running after some downtime on Wednesday afternoon. Everything from the site appears normal and from looking at the Psystar.com, you’d never guess that something was amiss on the corporate side of the operation. We got in contact with Psystar via the phone but were told by a bloke named George that no one was available for press comment. When we asked about contact details for PR or similar we were told to email press@psystar.com. We asked George if there was anyone at all (PR or not) that we could speak to over the phone and he said “Right now, there isn’t. You’ll have to email press@psystar.com”.

We’ll send them an email asking for comment, but we’re not holding our breath for an answer. Stay tuned.

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  • 0 Hide
    sublifer , July 18, 2008 7:18 PM
    It seems that Psystar is going to lose the case, in some form or another because its hard to deny that they "diluted Apples brand" but if you ask me, this case is going to be even worse for Apple's brand image than having clones.... in fact, isn't a clone a sort of compliment? Having a product that is good enough to want to duplicate... Hmm... didn't IBM lose a case similar to this with the PC and PC clone makers?
  • 1 Hide
    Anonymous , July 18, 2008 9:15 PM
    Does apple have enough money to go after every end-user installing their OS using http://www.efi-x.com/index.php?language=english

    Welcome to EFiX?!
    We proudly introduce to the world what probably is the most senseful hardware solution for a Mac? on a PC experience.It allows the user to install Mac OS X? straight from the original DVD without having to worry about patches, replacing files and anything like that.
    That means you can buy a regular compatible PC, Mac OS X? and EFiX? and enjoy what the Mac users have always enjoyed:
    Ability to install Mac OS X Leopard? and Leopard Server? from original retail DVD.
    Average users can easily install Mac OSX? without fear of needing professional knowledge.
    Update your system with official Apple® Updates.
    On top of the benefits seen by Mac users from the start, EFiX? also brings some other advantages for users of standard PCs, such as:
    Online updates of EFiX? firmware.
    EMI & RFI protection.
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    Working power management Features such as Shutdown, Reset, etc.
    EFiX? device and its entire working flow are patent-pending.
  • 1 Hide
    Caffeinecarl , July 19, 2008 4:39 AM
    I hope Apple totally gets their asses handed to them on a silver platter for this and takes it as a hint that consumers want to be able to buy their operating system and not their lousy hardware.

    Case in point, all the users who have high end brands like Alienware or Falcon Northwest but simply want to be able to use OSX. These machines are much better than any Mac!
  • Display all 5 comments.
  • 0 Hide
    Pei-chen , July 20, 2008 5:40 AM
    Considering how many bribe taking government officials are using Apple because they are more expensive and "superior", I doubt Apple would lose this case.
  • 0 Hide
    smlong , July 20, 2008 6:19 PM
    The question remains. Why would anyone want to run Apple's OSX POS????
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