Charges the Mac cloner with violating a new Act

Dec 1, 2008 10:44 GMT  ·  By

Reportedly, Apple has just learned that Psystar Corp. broke the anti-piracy defenses that Apple uses to lock OS X  to its Macs. According to the updated filing dating Nov. 26, Psystar violated the Digital Millennium Copyright Act (DMCA) by dodging copy-protection technologies employed by Apple to tie OS X to its hardware.

The Computerworld report reveals that Apple has added new charges to the federal lawsuit originally filed against Psystar, alleging Copyright Infringement, breach of contract, and more. Those say that Apple has "discovered additional information," adding that Psystar had accomplices. Those are yet to be named, though.

The new act Psystar apparently violated is the Digital Millennium Copyright Act (DMCA). According to Apple, Psystar broke the law by working around the security measures the Mac maker imposed on retail copies of its Mac OS X operating system.

"Apple employs technological protection measures that effectively control access to Apple's Copyrighted Works," the revised complaint read. "Defendant has illegally circumvented Apple's technological copyright protection measures that control access to Apple's Copyrighted Works."

More specifically, Apple charged Psystar with acquiring or creating "code" that "avoids, bypasses, removes, descrambles, decrypts, deactivates, or impairs a technological protection measure without Apple's authority, for the purpose of gaining unauthorized access to Apple's Copyrighted Works," court filings showed.

Furthermore, accusing Psystar of marketing the protection-breaking code to others, Apple said Psystar had released a restore disk months ago which "assists its customers to install Mac OS X software in violation of the terms of the Software License Agreement," according to the revised claim.

Originally, Apple only stressed that Psystar was violating its EULA, which specifically said that no other systems except Apple's own were allowed to run Mac OS X. While this appeared enough to put Psystar out of business, Apple seemingly needed all the evidence it could gather to uphold that they were the good guys.