‘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. They can complain about how Apple violates antitrust laws and does upskirt photography and has B.O. to boot. And in the end, the retards will be trampled under the horse’s hooves pulling Apple’s chariot.

  2. @Passerby

    Getting back to the Ford analogy, what Axiotron is doing is similar to a company that buys a Ford truck chassis, and builds a body – dump truck, fire truck, mini bus, whatever – on the chassis. Or a company buys a stock lincoln and stretches it and otherwise tricks it out into a limousine.

  3. Lawyers will bring the death of our society. They truly lack any moral compass! I have no doubt this was a planned strategy all along. These Psystar guys do not have the financial wherewithal to be paying for these kind of low life lawyers. I would not doubt that Dell or Microsoft or both are really behind this.

  4. Should Apple actually lose (which I doubt.. of course Psystar’s lawyers will bring up every possible theory in their defense), mac users will be the real losers.

    Apple will be forced to change its business practices. Those of you that just use macs have NO IDEA how wretchedly annoying and time wasting Windows activation and things like Windows Genuine Advantage can be. MS subjects its users to this because of rampant piracy. Apple’s anti-piracy strategy is to sell the hardware.

    If you really want to run OSX on non-apple hardware, then quietly investigate the options that are out there. As long as it is techies configuring their own machines, I don’t think Apple is threatened enough to make life miserable for its customers.

    But if Psystar wins, you will all regret it. Trust me.

    Oh, and that $129 for a copy for MacOSX. That’s for an upgrade. Retail for a full blown copy of Vista is around $300. One of the reasons Psystar is so cheap is that they are using an “upgrade” priced OS package as an initial install.

    And even if Apple were forced to license MacOSX, like MS, they can certainly charge whatever they want…

    And another annoying practice they’d be forced to follow is all those different flavors.

    if the courts were to force Apple to offer OSX for generic hardware, it WON’T be the same easy OSX license we currently enjoy.

  5. The best analogy is the Beatles suing a group called Psystars for singing Paul McCartney songs and having the Psystars claim restraint of trade rising to the level of a Trust violation against the Beatles for prohibiting other groups from singing their original songs as their defense and claiming the Beatles should be required to license their music to other groups.

  6. In another thread, someone here intimated that the Psytar/Cloning issue would become a moot point as Apple generated and implemented their own ASIC design to make their computers–otherwise based on widely available components–basically unclonable. And that’s not just their right, but it’s critical to their business model to keep their OS the focus, rendering the computers themselves essentially appliances. They can’t adopt M$’s model and survive, so it’s unrealistic to demand that they should.

    “Oh, and that $129 for a copy for MacOSX. That’s for an upgrade. Retail for a full blown copy of Vista is around $300. One of the reasons Psystar is so cheap is that they are using an “upgrade” priced OS package as an initial install.”

    Actually, you can just buy an upgrade version of Vista and do a full install from it with no prior installation. Costs about $99.

  7. The best analogy is the Beatles suing a group called Psystars for singing Paul McCartney songs and having the Psystars claim restraint of trade rising to the level of a Trust violation against the Beatles for prohibiting other groups from singing their original songs as their defense and claiming the Beatles should be required to license their music to other groups.

    You know what an analogy is, right? Try this: The Beatles will sell you their songs, but require you to sign a document in which you agree to only play said songs on a “Beatles” branded audio player. Instead of a “Beatles” branded player, Psystar loads the music on an iPod and gets sued.

Add Your Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.