‘Mac-cloner’ Psystar drops antitrust issue, adds ‘misuse doctrine’ in counterclaim against Apple

“Florida’s now well-known unofficial Mac clone maker [Psystar] has modified its counterclaim against Apple to drop some of the riskier assertions of anti-competitive behavior, but has similarly added new sections that refute allegations of violating the DMCA,” Aidan Malley reports for AppleInsider.

“The altered response, which would be filed on January 15th if given permission by a Northern District of California court judge, specifically omits the Clayton Act and Sherman Act antitrust claims of monopolistic abuse of copyright that had triggered Apple’s successful motion to dismiss in the fall. Psystar ‘respectfully disagrees’ with the court’s interpretation of a monopolistic market but will abide by the earlier ruling for now,” Malley reports.

“However, the PC builder maintains that copyright is still at the heart of the issue. Psystar insists that Apple’s policies regarding Mac OS X are considered abuse under the legally recognized concept of a ‘misuse doctrine,’ which prevents copyright from being wielded to block competition outside of any officially sanctioned terms,” Malley reports.

Full article here.

[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]

25 Comments

  1. I don’t know US law but I imagine they’re trying something along the lines of ‘fair use’ which always existed in the past under copyright law.

    However AFAIK it was never intended to allow the making of money from other’s work as of right, but was to allow review and quotation for academic purposes without falling foul of copyright law. DMCA surely trumps that anyway.

  2. One of the last advantages the US has over global competitors is intellectual property laws. Especially by the emerging economies of India and China, theft of ideas and piracy is rampant. I wouldn’t be surprised to see Chinese (or Iranian, Russian, or Venezuelan) money in this attack on copyright and patents.

    As economically vital as this issue is…the US government should be more involved in protecting these rights…and not just leaving Apple to defend the law.

  3. How many more filings before they accuse Jobs of sexual harassment on YouTube? Psystar gets more and more credible every day. ” width=”19″ height=”19″ alt=”smirk” style=”border:0;” />

  4. Nice use of Potemkin Village. I hope it made some folks pick up their dictionary, er, surf over to Wikipedia or Dictionary.com to find out what that means. The world could use a little more cultural literacy. Thanks.

    MDN Magic Word: growth…outstanding

  5. hardmanb wrote: One of the last advantages the US has over global competitors is intellectual property laws. Especially by the emerging economies of India and China, theft of ideas and piracy is rampant. I wouldn’t be surprised to see Chinese (or Iranian, Russian, or Venezuelan) money in this attack on copyright and patents.

    As economically vital as this issue is…the US government should be more involved in protecting these rights…and not just leaving Apple to defend the law.

    You are incorrect, hardmanb–one of the last advantages the US has is intellectual property themselves, not the laws that supposedly protect them.

    The US cannot easily force other countries to follow such (or any) domestic laws. Just look at the difficulty software patent advocates have had trying to get them recognized in Europe. China? Forget it.

    In Apple’s case they’ve been hit from both sides; here they’re defending their IP from Pystar, while they’re also being sued for elements of iTunes, iPod, etc.

    Meanwhile, US developers (still on the software angle) are being hamstrung by ridiculous lawsuits over IP, or are wasting thousands and even millions of dollars defending against them. Most of the world doesn’t have this problem, and the US will be held down by its more asinine IP laws, not propelled ahead.

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