Apple asks judge to dismiss ‘Mac-cloner’ Psystar’s antitrust countersuit

“Apple has asked a U.S. District Court judge to dismiss Psystar’s counterclaims against the company,” Larry Dignan blogs for ZDNet.

“As background, Apple launched a suit against Psystar alleging that the Mac clone maker harmed its brand. Psystar fired back arguing that Apple was abusing monopoly power and launched its own lawsuit,” Dignan blogs. “On Sept. 30, Apple fired back at Psystar in a strongly worded 23-page court filing and gave a heads up that it will ask for the Psystar suit to be dismissed in a hearing Nov. 6 with judge William Alsup.”

Full article here.


Defendant Psystar Corporation is knowingly infringing Apple’s copyrights and trademarks, and inducing others to do the same. Psystar makes and sells personal computers that use, without permission, Apple’s proprietary operating system software. In an obvious attempt to divert attention from its unlawful actions, Psystar asserts deeply flawed antitrust counterclaims designed to have this Court force Apple to license its software to Psystar, a direct competitor. The Court should reject Psystar’s efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice.

Ignoring fundamental principles of antitrust law, and the realities of the marketplace, Psystar contends that Apple has unlawfully monopolized an alleged market that consists of only one product, the Macintosh® computer. However, in direct contradiction to Psystar’s claimed Mac®-only market, Psystar admits that “a seemingly infinite list of manufacturers may be found in the computer hardware system marketplace,” including “Dell, Acer, Lenovo, Sony, and Hewlett-Packard to name but a few.”

…Psystar’s effort to assert antitrust claims premised on the existence of a relevant product market restricted solely to Apple’s products fails as a matter of law.

The full 23-page court filing here.


  1. @ Steven,

    Microsoft = 90+% global market share

    Apple = approx 5% global market share

    Are you saying that Apple should not take advantage of it’s unique technology and intellectual property to compete with Microsoft to the best of their ability? They have every right to adhere to a business plan that has worked well for them in spite of fierce competition from the entire Windows monopoly.

    Yes – Microsoft and Apple get to play by different rules. That’s the legal truth.

  2. @ Steven,

    “How would you feel if Microsoft made a stipulation that you can’t install Windows on a Mac?”

    Personally I’d feel great it would give me one more reason among thousands to boycott all things Microsoft. I didn’t buy my Mac to run Windows I bought it to work reliably. Windows and Reliability had a major dispute and became enemies long ago. Their divorce truly was tragic and if Apple keeps treating her right Reliability won’t be looking back.

  3. @nanisani
    That’s a valid point, but at what point can a business be allowed to defend its business plan? Is it worth trampling a user’s rights to fair use? I’m not saying Apple should be forced to optimize their software for unapproved hardware. They should stick to methods they’ve been using so far to make OS X Mac only compatible. However, this is a very slippery legal slope, and I can’t in good conscious see how you can support Apple in this draconian enforcement of its will.

  4. @ Steven,

    “How would you feel if Microsoft made a stipulation that you can’t install Windows on a Mac?”

    Give MSFT time. They’re a little slow on the uptake these days. The EULA for Vista already puts restrictions on virtualization, though.

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