Psystar amends complaint with copyright misuse charges

Dan Moren
11 December, 2008
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If at first you don’t succeed, change your tactics. That seems to be Psystar’s plan in its suit against Apple. The little clone company that could (if only permitted by law) has, in its most recent filing, dropped the contention that Cupertino is violating antitrust laws—convenient, given that those allegations were already dismissed by presiding judge, William Alsup.

Instead, Psystar is trying a different tack, suggesting that Apple is abusing its copyright to prevent competition via the End User License Agreement (EULA) and the Digital Millennium Copyright Act (DMCA)—the latter being the hammer Apple is using to thwack Psystar with a countersuit.

ZDNet also points out an interesting section of Psystar’s new complaint, which suggests that Apple has deliberately added code to OS X to make it kernel panic on unauthorised systems. I’m not sure if this refers to the software that hackers need to work around to get OS X to boot on PCs, but it seems like there are plenty of people out there who have gotten the software working on generic PCs (with the requirement of a little technical know-how, to be sure).

Well, we look forward to seeing what happens if Psystar’s new angle falls through. Maybe they’ll just accuse Apple of being mean. I’m sure that will hold up.

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