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Psystar Accused of Conspiracy

Apple believes bigger names are behind the Mac cloner

By Filip Truta, Apple News Editor

4th of December 2008, 09:27 GMT

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After filing (and being granted) a motion to amend its complaint adding a claim of violation of the DMCA, Apple is charging Psystar with ever more claims. The company now believes that there are corporations and/or individuals behind Psystar.

An excerpt from the latest court filings, available courtesy of Groklaw, reveals that “On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently, they are referred to herein as John Does 1 through 10 (collectively the 'John Doe Defendants').”

“On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple’s intellectual property rights, breached or induced the breach of Apple’s license agreements, and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint, to show the unknown John Doe Defendants’ true names and capacities when they are ascertained.”

In plain English, Apple is saying “conspiracy.” If proven true, it might explain why Psystar was able to employ a hotshot law firm that had beaten Apple in court before. Another interesting aspect, as pointed out in the report, is that Psystar has boldly continued to sell since Apple first filed its copyright suit against it. The Mac cloner even has Holiday Specials featured on its online store, on CPU and hard drive upgrades, as well as shipping (free) on purchases over $1,000.

Additionally, Psystar's products can only be viewed now at store.psystar.com. “Please visit our new storefront at store.psystar.com for all of the Open Computing products. Thank you,” says Psystar. The company's former website (psystar.com) now requires visitors to enter a username and a password. No option to instantly create an account is available.

TAGS:

Psystar | lawsuit | Open Computer | conspiracy | Mac clone
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