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Psystar Attorney Beats Around Antitrust Bush

By - Source: Tom's Guide | B 3 comments

It seems Psystar isn’t going down with out a fight — and anyone who thought this would be an open and shut copyright infringement suit may have to rethink things.

According to a report in Computer World, lawyers hired by Psystar have said the case has been “mischaracterized” and is not just about the copyright or trademark infringements on behalf of Apple. Apparently, on top of everything else there could be an antitrust suit too.

"There are a lot more complicated issues than just copyright or trademark. There are more complex issues [than those] in respect to the end-user licensing agreement. And antitrust issues come into play, too."

A copyright/trademark suit would have been interesting enough. We’ve seen Psystar jump in at the deep end and take on one of the biggest, most innovative companies around. Many of us wondered how long it would be before Apple decided to step in and put a stop to Psystar’s Open Computer gig. What we didn’t expect was for Psystar to hit the ground running and hit back with some antitrust allegations.

When Computer World asked Psystar attorney, Colby Springer, to elaborate on his comments he remained vague and merely invited people to check out the website for Apple’s lead lawyer. It seems James Gilliland Jr. is quite well versed in anti-trust cases and was even on the team that forced Microsoft to cough up $1.1 billion in an antitrust suit five years ago. After taking a look at the site, Springer’s, “Apple knows where this is going,” doesn’t seem so cryptic.

The question now is whether Psystar can convince the powers that be that the company is just trying to give customers more options. Apple has always had an air of exclusiveness following it around and so, a lot of people think this might actually work.

For the full Psystar story check out the links below.

Related Links

Computer World: Mac clone maker’s lawyer hints at antitrust defense
Mac Clone Psystar Slams Steve Jobs
Apple Sues Psystar

Discuss
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  • 0 Hide
    wymer100 , August 6, 2008 7:36 PM
    I don't see this defense working. Apple has the copyright to OSX, and they can choose to license it to whoever they want. Just because MS has liberal licensing terms with Windows doesn't mean Apple has to have them.
  • 0 Hide
    Anonymous , August 6, 2008 8:17 PM
    Not now, but they might in the future. If Apple gets a significant share of the OS market, you can bet competition authorities are going to nail them for making both hardware and software essentially proprietary, simply because it certainly decreases competition (and if they have a significant market share, this will become a real issue).
  • 0 Hide
    Anonymous , August 6, 2008 11:11 PM
    This is a joke. Don't get me wrong, I'm on Psytar's side here but the antitrust accusation is laughable. Antitrust laws as applied today are generally intellectual indefensible, but in this case it's just a joke. Seriously - if you don't like apple, buy someone else's product. They better have a better plan than a claim of antitrust which will be laughed out of court.
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