updated 08:45 pm EDT, Wed July 30, 2008
Psystar gears for fight
Facing a lawsuit from Apple, Mac clone maker Psystar is showing signs it may be gearing up for a fight. The company has hired a California law firm that has beaten Apple in the past, according to a report in Computerworld. In court papers filed Monday, Psystar was represented by lawyers from Carr and Ferrell, LLP, who filed a request for an extension on a deadline to respond to Apple's lawsuit. Both sides agreed to the extension, which gives Psystar until August 18 to file a response. Apple claims Psystar violated copyright, contract, trademark and unfair competition laws when it installed and marketed Mac OS X10.5 on its OpenComputer and OpenServ machines.
Computerworld says Carr and Ferrell's website touts its experience in intellectual property law. The company is no stranger to fights with Apple, having represented Burst.com in a patent infringement suit in 2006. The case was eventually settled out of court with Apple paying $10 million to license Burst.com audio- and video-streaming patents. The firm also took on Microsoft in a similar suit, settling for $60 million.
In April Psystar became the first Mac clone maker to directly challenge the End User Licensing Agreement for Mac OSX 10.5, which says the software can only be used on Apple hardware. SInce then two other firms -- OpenTech and RSOL -- have started selling Mac clones. Psystar has pledged to aggressively fight the Leopard EULA, claiming the strict licensing terms violate anti-trust laws. The company says Apple "grossly overcharges" for its hardware and its EULA prevents competitors from selling lower-cost alternatives.