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Apple files to dismiss Psystar countersuit

updated 03:55 pm EDT, Wed October 1, 2008

Apple files dismiss suit

Apple has formally filed to have a District Court Judge dismiss Psystar's monopoly countersuit, according to a ZDNet blog. This marks the latest move in the ongoing legal battle between the two companies. The court papers ask Judge William Alsup to dismiss the counterclaims with prejudice, which would protect Apple against the lawsuit and prevent Psystar from filing another similar suit in the future. The initial hearing is scheduled for November 6th.

The document reaffirms Apple's original suit filed in July by claiming that the clone maker knowingly infringed its copyrights and trademarks, while encouraging others to do the same. Psystar is further accused of attempting to divert attention from its illegal activity with a frivolous countersuit, and of "ignoring fundamental principles of antitrust law, and the realities of the marketplace."

Apple argues that their market has plenty of competition from other companies, and denies that it monopolizes a "Mac-only" market. Psystar is further accused of trying to use the court to force Apple to license its "proprietary software" to competitors for use on other hardware, which the company says must be rejected on the basis that "neither the federal nor the state antitrust laws require competitors to stop competing with, and instead start helping, each other."

The clone manufacturer's countersuit goes into more detail by attempting to define the market differently, by developing the idea that the wide range of software available exclusively for the Mac platform makes it an entirely separate market, one that is controlled solely by Apple. The counterclaim also asserts that the EULA prohibition of the software from being used on other hardware allows the company to artificially inflate the prices of hardware to take advantage of the alleged monopoly.

The drama began in July, when Apple sued the clone manufacturer for license, copyright, and trademark infringement for selling computers that are built with cheaper PC hardware but run Mac OS X. Psystar solicited the help of Carr and Ferrell, LLP, a firm that has won a large settlement from Apple in the past.

The legal fight could have significant implications for the market; a loss by Apple could inspire a wave of clone hardware production, a prospect that the company is surely investing significant resources to avoid.

by MacNN Staff




  1. calverson

    Joined: Dec 1969


    cone maker

    The Cone Maker?

    I didn't know Psystar was in the business of Ice Cream

  1. howiethemacguy

    Joined: Dec 1969



    MacNN needs to proofread before publishing articles.

  1. jhawk95

    Joined: Dec 1969



    You beat me to it. Where are the editors at MacNN. This is getting beyond ridiculous.

    Comment buried. Show
  1. Guest

    Joined: Dec 1969


    check ur awareness level



    Congratulations, you are about to learn some of the biggest secrets of about your country & the proposed future world. We the people, need to act fast because they [private organizations] are acting faster than you think!


    America WAKE UP!!

    Born into the slavery of the PRIVATIZED monetary system (NOT UNDER TRUE GOVERNMENT CONTROL/ASSETS), without your awareness, it is now up to you to spread the knowledge and commit to re-evaluating our existence & purpose.

    Vote for H.R 2755 Federal Reserve Abolition act - As President John F. Kennedy intended when he signed EXECUTIVE ORDER 1110 six months prior to his assignation which would eliminate the CFR, IRS, and Federal Reserve from Global tyranny if enforced today!

    Also Presidential Canididates are appointed "compliant" by the CFR & Federal Reserve, as you will soon learn below... Do a "write in" vote for Ron Paul.


    Intro to the situation right now

    The Most important thing you need to know - The Purpose of NWO

    New World Order includes
    ...and who knows who else?

    Alex Jones asks a question that gets him arrested!

    Now, do you have ANY idea YOUR country's Think Tank has been up to?

    Wikipedia Operation Northwoods

    Sounds Familiar right? (9/11- inside job!)

    Federal Reserve Purpose

    Truth exposed by Ron Paul

    The Illuminati Circle EXPOSED

    Everything listed here is a private organization somehow related to the founders or co-founders, the Rockerfeller mafia (family) circle. Yet they are convinced they have a plan for the whole world!

    They are as federal as Federal Express, which means we can revoke their right to power since they are nothing but a private organization, no government agencies.

    By creating our own money system & banks, we can kick the federal reserve's asses out of existence and restore true Democracy once again in the USA!

    Then we won't need a civil war, but if the people need to fight for their lives, you bet we will organize and reach for the inner light & guidance to preserve the power to the good majority of people!

    Skull and Bones - 322 Yale Secret Society, started as an Anti-Freemason group

    Council of Foreign Relations (CFR) - Wikipedia

    CFR Media Control

    Trilateral Commision

    Bilderberg Secret Meetings

    Bilderberg Wikipedia

    Commission on Global Governance

    Race to the top, Muli-National Corporations (MNC) - Controlling the Government

    Population Council - Biochemical Capabilities

    What are you thinking about right now?
    Don't let their plan carry out!

    Look at what happened to the last real president -JFK

    Country's bloodline runs on fear

    Just to add to the awareness...

    Check your Air - Chemtrails

    Drugs in our Water? WTF!?!?

    We got to show 'em who's boss = R3VOLUTION

  1. bigpoppa206

    Joined: Dec 1969



    death to clones!

  1. 010111

    Joined: Dec 1969


    no thanks.

    the more MacNN allows super long and really inane paranoid delusional spam to be posted as comments... the more i look for my news elsewhere.

  1. Loren

    Joined: Dec 1969



    I agree with that, and I occasionally WRITE for MacNN. Till this c*** started surfacing, I always came here first.

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