Psystar Ditches Antitrust in Favor of Copyright Abuse
It seems Psystar is taking another approach to the whole “taking Apple on in court” thing it’s been trying to do for a while now. The whole thing started when Apple tried to sue the Mac clone manufacturer for breaching the Leopard EULA and Psystar filed antitrust claims against the Cupertino company.
A few weeks back a Federal judge dismissed Psystar’s anti-competitive lawsuit against Apple. Northern District of California Federal Court judge William Alsup handed down a 19-page ruling that said Apple is not abusing its position in the market and we figured that would be the last we heard from Psystar and it was time to shift our attention to whether or not Apple would succeed in suing the pants off of Psystar.
However, reports emerged this week saying different. According to CNet, recent court filings say Psystar is now accusing Apple of abusing its copyright on Mac OS X to stifle competition.
“Psystar alleges that by virtue of Apple’s leveraging of copyrights in the context of Apple’s EULA, spurious litigation via the DMCA, and various other anti- and unfair competitive conduct, there is no viable alternative to the purchase and use of Apple-Labeled Computer Hardware Systems for users who wish to use the Mac OS, for a prospective buyer of the Mac OS, or for a user of an older version of the Mac OS.”
We’re not entirely convinced that this will fly in court, especially since the company was so sure the antitrust thing would be successful. We’ve given up trying to contact someone who actually matters at Psystar (other than the kid named George who answers the phone) because they keep asking us to email noreply@psystar. com firstname.lastname@example.org. We’ll keep you posted on any developments.