14 DAY TRIAL // Psystar's latest court filings show that the company specializing in Mac clones now thinks Apple is abusing copyright laws and locking Mac OS X to its hardware with code that prevents non-Apple machines from booting properly.
Within the framework of Psystar's revamped countersuit, the Mac cloner alleges that “Apple is attempting to use its copyrights in the Mac OS, not to prevent unauthorized production of any copyrightable elements, but to prevent competitors from developing competing hardware systems interoperable with the Mac OS,” says Psystar, according to a Computerworld report.
“Through the use of anti-circumvention and the DMCA, Apple is attempting to leverage its copyright limited monopoly in reproduction of the Mac OS into a broader monopoly in a separate hardware market. This is the exact behavior that is prohibited by the copyright misuse doctrine.”
Apple, for its part, believes Psystar “is knowingly infringing Apple’s copyrights and trademarks, and inducing others to do the same.” Since April this year, Psystar has been assembling and selling personal computers and servers that use the proprietary Mac OS X operating system without Apple's permission.
Psystar's most recent filing, to be heard by a Northern District of California court judge, specifically omits older claims (such as the Clayton Act and Sherman Act antitrust claims of monopolistic abuse of copyright), to continue upholding that copyright is the heart of the issue between the two companies.
Psystar alleges that Apple's policies regarding Mac OS X are considered an abuse under the legally recognized concept of a “misuse doctrine,” therefore proof of a specific antitrust violation isn't necessary. The PC maker asserts that Apple has absolute control over hardware, pointing out to its End User License Agreement (EULA).
The company specializing in modifying PC hardware for compatibility with Apple's OS also notes that it “respectfully disagrees” with the court's interpretation of a monopolistic market, an AppleInsider report revealed last week. Nevertheless, should it get more definitive proof that Apple has violated either of the two acts now left out, Psystar will seek to reintroduce its initial Clayton and Sherman antitrust accusations.