14 DAY TRIAL // In an effort to at least continue selling PCs with Snow Leopard as it tries to fend off Apple for the Leopard suit spawned last year, Florida-based Mac cloner Psystar has asked the judge handling its dispute with the Mac maker to rule in favor of its allegedly legit business.
The people at Macworld excerpted a story from Computerworld to reveal that Psystar asked U.S. District Court Judge William Hoeveler to rule that it is legally allowed to sell machines with Apple’s newest OS pre-installed, in an amended complaint submitted last Thursday.
“A declaration by this Court of the legal rights of Apple and Psystar with respect to Psystar computers running Mac OS X Snow Leopard would clarify, to put it bluntly, the legality of Psystar’s business—and would remove the substantial negative effect on Psystar’s business of continued uncertainty and legal wrangling between Apple and Psystar,” the Florida clone maker said in the revised complaint filed in Miami, Fla. federal court.
Bluntly put, Psystar wants the judge to stop Apple from accusing the cloner that it’s illegal to purchase Snow Leopard copies on the open market, then use those copies to set up its generic PCs. Two more excerpts from the Court filings follow below, courtesy of the aforementioned news source.
“[Apple’s] violations of the federal antitrust acts have damaged and will damage Psystar in its business and property because they deny Psystar business that otherwise would go to Psystar by creating doubt about the legality of Psystar computers running Mac OS X Snow Leopard,” the company’s lawyers contended. “The items of damage to Psystar include damage to Psystar’s business reputation and to the reputation of its products and sales lost that could have been made absent Apple’s attempts to restrict Mac OS X Snow Leopard to Macintoshes.”
“Psystar’s position with respect to Mac OS X Snow Leopard is analogous to that of a person developing a software application to run on top of Mac OS X Snow Leopard,” the company’s lawyers argued. “Just as Microsoft writes Word to run with Mac OS X and Google writes its Web browser Chrome to run with Mac OS X, Psystar writes its software to run with Mac OS X Snow Leopard. In fact, the part of Mac OS X Snow Leopard that Psystar interacts with is within the open-source portion of Mac OS X and makes use of features of Mac OS X Snow Leopard designed to allow software developers to extend Mac OS X Snow Leopard to work with different hardware.”