‘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.]

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