‘Mac cloner’ Psystar’s lawyer hints at antitrust defense in lawsuit brought by Apple

“One of the attorneys hired by Psystar Corp. to defend it in a copyright- and trademark-infringement lawsuit brought by Apple Inc. hinted that the clone maker will bring up antitrust issues if the case goes to trial,” Gregg Keizer reports for Computerworld.

“Colby Springer, one of the three lawyers from the Palo Alto, Calif., firm of Carr & Ferrell LLP who will represent Psystar, wouldn’t go into details about legal strategies but spoke in general terms about the case during an interview on Thursday,” Keizer reports.

“‘This case has been mischaracterized,’ said Springer. ‘There are a lot more complicated issues than just copyright or trademark. There are more complex issues [than those] in respect to the end-user licensing agreement. And antitrust issues come into play, too,'” Keizer reports.

More in the full article here.

38 Comments

  1. The legal fees may not matter if the lawyers are representing them pro bono. Apple needs to defeat them in the courts. If Apple pays psystar off and it doesn’t go to court then it can open up hundreds of “cloners” looking to make a quick buck. The only option Apple has is to win in the courts and squash them like a bug…

  2. quote “Next at 10! Ford under investigation for anti-trust violations. The US carmaker is accused of not allowing any other car maker to build Mustangs.”

    not the correct analogy, it would be more correct if Ford were accused of not letting anybody else use their engine from their car (which they bought) and put it into another car.

  3. Ah, the old “Big Oil charges too much for gasoline, so I am justified in stealing it and selling it to others” defense.

    Any issues outside of Apple’s claims are immaterial. They do not legitimize the copyright and trademark violations. The judge will throw this “defense” right out.

    An insanity defense might work better.

  4. Look while Apple fights this in the Courts cloners are delayed while the legality of what they are doing is decided, and customers will wait too for fear of having a brick in their front room. Sales will be a trickle while they bleed cash. Even if Psystar eventually won their case by the time the matter was cleared up Apple will have used the time to further lock up the software to work only with its own hardware. As suggested elsewhere if that was found illegal then every company in the US would be in trouble. At worst this will be temporary inconvenience.

  5. @bluemarlin1402 – Agreed. That’s why one should always use Starfleet approved transporters.

    Whew! I’m glad I got that off my chest. I already feel energized!

    ” width=”19″ height=”19″ alt=”grin” style=”border:0;” />

    Peace.

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