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 firstname.lastname@example.org. 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 email@example.com”.
We’ll send them an email asking for comment, but we’re not holding our breath for an answer. Stay tuned.