‘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. Dont get me wrong, I love Apple. They do have the best designed hardware and software around. BUT I do like build my own machines though. So I am rooting for psystar on this one. OSX is such a great OS that I dont think it should be limited to only apple computers.

  2. I think MS is not on the Psystar side in this case because it all hinges on the EULA. Microsoft lives and dies by their EULA. They don’t want anyone to transfer an “OEM license” to another computer, and that is all restricted by the EULA. If the courts throw out Apple’s EULA, Microsoft would be very unhappy because it could invalidate their own EULA. The whole industry relies on the EULA to control what you can and can’t do with software. Watch for MS to quietly side with Apple on this one.

  3. Preventing competition in the entertainment device and disposable income widget sectors is causing harm to the public? What? If Psystar actually pays for that defense then they’ll surly be able to plead insanity as a fallback in case things begin to fall apart.

  4. @EJB
    “Dont get me wrong, I love Apple. They do have the best designed hardware and software around. BUT I do like build my own machines though. So I am rooting for psystar on this one. OSX is such a great OS that I dont think it should be limited to only apple computers.”

    I do not think Apple will care if you build your own computer and add Apple software. Its when you start selling Apple clones that use Apple software that they get mad.

    Just a thought.

    en

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