“A federal judge last week ruled that Psystar Corp. can continue its countersuit against Apple Inc., giving the Mac clone maker a rare win in its seven-month-old battle with Apple,” Gregg Keizer reports for Computerworld. “He also hinted that if Psystar proves its allegations, others may then be free to sell computers with Mac OS X already installed.”
“In an order signed on Friday, U.S. District Court Judge William Alsup gave Psystar the go-ahead to amend its lawsuit against Apple. According to Alsup, Psystar may change that countersuit, which originally accused Apple of breaking antitrust laws, to instead ague that Apple has stretched copyright laws by tying the Mac operating system to its hardware,” Keizer reports.
“Alsup also said that if Psystar proves that Apple abused copyright laws, some of Apple’s charges against the company would be moot. He also seemed to say that that others would then be free to follow in Psystar’s footsteps. ‘Moreover, if established, misuse would bar enforcement (for the period of misuse) not only as to defendants who are actually party to the challenged license but also as to potential defendants not themselves injured by the misuse who may have similar interests,’ said Alsup in his ruling,” Keizer reports.
MacDailyNews Take: “If Psystar proves that Apple abused copyright laws…” That “if” is bigger than Steve Ballmer’s mouth.
Keizer continues, “The judge did not name the “potential defendants,” but in previous filings, Apple has claimed that Psystar was not acting alone. ‘Persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this amended complaint,’ said Apple in a November filing. At the time, Apple only referred to those individuals or corporations as John Does 1 through 10. Apple said it would reveal the names when it uncovered them.”
“Alsup also acknowledged Apple’s argument that it had the right to decide how its software was licensed and used, but said that that would have to be decided as the case plays out,” Keizer reports. “He did reject Psystar’s attempt to include state unfair competition charges to its countersuit, however. Psystar has a week to submit its altered counterclaims, after which Apple must answer within 20 days.”
Full article here.
MacDailyNews Take: The fun continues!