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Apple granted dismissal of Psystar countersuit

updated 05:15 pm EST, Tue November 18, 2008

Psystar countersuit over?

A countersuit filed against Apple by Psystar has been tentatively dismissed, documents show. Apple filed suit against Psystar in July, accusing the company of illegally installing Mac OS X on unauthorized hardware; Psystar retaliated with a claim of its own, arguing that Apple violates local and national antitrust regulations. In a 19-page ruling issued today however, judge William Alsup has sided with Apple, granting a dismissal of the countersuit should Psystar not improve the reasoning of its case by December 8th.

The cause of the dismissal is said to be rooted in market definitions. Psystar has argued that the Mac OS is not easily interchangeable with other operating systems, and as such, can be qualified as its own unique market space. By contrast, Apple has argued that a single brand cannot possibly represent its own market, whether legally or factually. Alsup suggests that while a brand can indeed represent its own market, boundaries within antitrust law are determined by "whether consumers view those [debated] products as reasonable substitutes for each other and would switch among them in response to changes in relative prices."

Psystar's real problem, says Alsup, is that it has failed to adequately distinguish the Mac OS from its competitors. The judge in fact claims that Psystar has undermined its arguments, mainly by suggesting that the Mac OS performs functions similar to other software. "The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition," Alsup writes.

Also cited is Psystar's reference to Apple advertising. Alsup observes that a company would be unlikely to market as heavily as Apple if it did not have competition; Apple is further said to have made it clear that the Mac OS is locked to first-party hardware, meaning that customers cannot be accidentally trapped in the Mac ecosystem.

Along with antitrust allegations, Alsup has dismissed other counterclaims connected to the Cartwright Act, the California Business and Professions Code and unfair competition.

by MacNN Staff





  1. ricardogf

    Joined: Dec 1969



    So, Testudo, wanna buy a Psystar machine from those criminal hackers now? Show no mercy and bury them, Apple...they deserve it.

  1. jhawk95

    Joined: Dec 1969


    Where in the world is....

    Testicular.... I mean Testudo?

    This story has been posted for a full 45 minutes and Testudo has not spewn his anti-Mac absurd opinion onto the page yet.

    Maybe he is packing up his latest purchase from Psystar and sending it back for a refund?

  1. Bobfozz

    Joined: Dec 1969


    A judge that gets it

    Some developers mistake being ABLE to do something with that "something" being legal. Pystar started it. Apple's eco-system is self-contained and they've argued for that for years while those on the PC side have prostituted themselves for the almighty $.

    It would be a shame for all of Apple's innovations and investments to have them taken away by some "company" that feels that by doing nothing and reducing the price they deserve consideration. That's not business, it's wishful thinking.
    I hope Apple prevails.

    Let Pystar make their own operating system and their own hardware... no one will pay attention. They were just trying to grab the coattails of someone else who did the work.

  1. macnixer

    Joined: Dec 1969


    Way to go Apple

    This is great news. Psystar's counter-suit should have been thrown out without giving them even 20 seconds to counter claim. The judge is doing a great job and is being nice to Psystar. They must eat dirt.

    Yes. I am happier to have bought a Mac. I am loving it.

  1. lkrupp

    Joined: Dec 1969


    Can we...

    Can we officially start the Psystar deathwatch clock now? Can we? Can we?

    What would really make my day is for Apple to achieve their demand that Psystar recall ALL the computers they sold with OS X installed on them. Now THAT would really make Testudo mad.

  1. dimmer

    Joined: Dec 1969



    Didn't Psystar only sell their Open Computers with an OS X install DVD, not preloaded? Or is my old memory misleading me?

  1. testudo

    Joined: Dec 1969



    Since when did I ever defend Psystar? I did defend their right to counter sue, and pointed out the whole point of the company points to the fact that Apple is missing areas that their customers want.

    But I don't own no Psystar machine. I haven't a need for a new computer any time recently (my G5 tower has yet to give up its ghost).

    Note that this doesn't mean Apple has won in the suit. They've just killed the counter suit.

  1. Guest

    Joined: Dec 1969


    Not a good start...

    True, they lost the countersuit, but their arguments are the same. So it is highly unlikely that they will be able to hold their ground. These guys are no different than those pirates off Somalia, they just want to profit off some other company's product. If you think apple is too expensive then don't buy it, no one is forcing you to. If you are willing to pay the price for a nicely integrated system then by all means. Believe me it's worth the money, I run a PC network and just keeping up with patches is a full time job.

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