Would-be ‘Mac cloner’ Psystar tries risky allegation against Apple

“In its last legal salvo against Psystar, Apple suggested the Mac clone maker was backed by a silent third party or two. And at this point it better be, because there’s going to be hell to pay when Apple legal is through with it, regardless of how Psystar revises its original complaint. Its antitrust allegations against Apple dismissed, Pystar [yesterday] renewed its copyright claims against the company, alleging the Mac OS is designed to go into a kernel panic if it determines it’s being run on non-Apple hardware,” John Paczkowski reports for All Things Digital.

“That’s an intriguing allegation. Risky though, since it’s also an admission that Psystar has circumvented the technological copyright-protection measures built into OS X,” Paczkowski writes. “Apple contends Psystar has done so illegally, in violation of The Digital Millennium Copyright Act. Psystar says that’s impossible because the kernel panic-forcing code at issue here isn’t a copyright-protection measure.”

Paczkowski writes, “Who’s right? Who knows? But if it’s Apple, then Psystar presumably is guilty of circumventing Apple’s copyright protection systems under the DMCA. And that’s a felony, because Psystar profited from the circumvention.”

Full article here.

[Thanks to MacDailyNews Reader “James W.” for the heads up.]

25 Comments

  1. If Psystar is indeed guilty of a felony, then they will be in a world of hurt. Apple’s allegation is proved that Psystar is backed by someone much bigger, that will end up being a blessing in disguise, otherwise Psystar would be left on its own to take the fall.

  2. why are the chinese being blamed for everything?

    is this like the russians in the 1980s?

    you know, not all chinese people think the same way. news flash people!

    i would say the backers are more likely to be american firms. CUI BONO?! look to the vendors!

  3. “HP makes printers, and in order to make them work, they create drivers. The drivers only work with HP printers.”

    That’s not actually true. The HP PCL drivers have always worked with a wide range of other printers that cloned HP’s PCL.

    “suddenly everyone and their dog could start suing RIM”

    Apple’s machines are standard PCs which conform to an open and readily available spec that Apple did not develop. Psytar is buying a retail, mostly public domain OS from Apple for exactly the price Apple asks for that OS. Also they are not asking Apple to change anything or support the OS. It works precisely because Appld sells a generic OS and generic PCs.

    “I also want to run the OS from a TiVo on my DVD player”

    Since the Tivo OS is Linux, you are within your rights to call Tivo, get your copy of the OS source sent over and get it working on your DVD player.

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