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Apple adds DMCA violation claims to Psystar suit

updated 12:55 am EST, Tue December 2, 2008

Apple, DMCA and Psystar

Apple has stepped-up its lawsuit against Psystar, adding claims of Digital Millennium Copyright Act (DMCA) violations, according to Computerworld. The clone-maker is accused of reverse engineering the piracy protection methods employed in Mac OS X. "Defendant has illegally circumvented Apple's technological copyright-protection measures," the amended complaint states. The change comes five months after the initial filings, as the company has "discovered new information."

The DMCA code prohibits people from manufacturing, providing, offering to the public or trafficking any technology or product that is designed "for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner..."

Apple also accuses Psystar of marketing the code that allows the clones to run Mac OS X without inhibition by the protective measures. Additional parties are claimed to be involved with the DMCA violations, although "John Does" were used in lieu of any real names. The complaint also brings attention to the restore disks released by Psystar that allow the operating system updates to run on the computers.

The legal battles began with a suit by Apple that charged the clone-maker with copyright and trademark infringement, as well as breach of contract, for distributing the OS in violation of its EULA. Psystar added fuel to the fire with a counter-suit that accused the Cupertino-based company of monopolistic business practices, although the court recently dismissed the charges.

Apple also referenced the DMCA laws recently in an attempt to hush Bluwiki discussions that related to syncing music to iPhones and iPod touch devices without using iTunes, which would require working around the DRM protection. Lawyers sent a cease-and-desist e-mail to the site, detailing specific areas of the code. The site complied with the demands, but the incident drew criticism from organizations such as the Electronic Frontier Foundation (EFF).




by MacNN Staff

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Comments

  1. testudo

    Joined: Dec 1969

    -5

    ah, yes

    The DMCA doing the job again!

    All anyone has to do with any product is put in a few "safeguards" and then they can use the DMCA to try to squash any attempt at using their product.

    Same way the printer manufacturers have started putting chips in their printer cartridges to try to kill the replacement market.

  1. TRRosen

    Joined: Dec 1969

    -1

    oopsy

    Now there screwed. "Honestly Judge we didn't reverse engineer anything we used uncredited, unauthorized open source software in violation of the GPL."

  1. Bobfozz

    Joined: Dec 1969

    -4

    inventors take note

    Non inventors are the first to decry protection (of any kind) as unfair. You can't photocopy hardware (although Pystar tried), but because software is "copyable" that makes it OK to these cheapskates. It still goes back to the basics: if you don't like the rules, don't play.

  1. jpellino

    Joined: Dec 1969

    +4

    I say bury the schnooks

    You want to make an original product that works within the law, knock yourself our and make all the money you can. But to flout the rules and piggyback on another company's success - you get what you deserve. These are not "mac clones" in the sense that they licensed the OS or systems they way Motorola etc did. Think of the potential market for a company like this who could make a decent product to compete overall - in the vein of an Ubuntu etc. equipped PC where the licenses and laws are on your side... or just keep on aping others in probable violation of laws and sink into the morass of wannabees. Some business plan.

  1. Flying Meat

    Joined: Dec 1969

    -3

    Well, that just

    blows. I've officially lost some respect for Apple.

    I agree Apple has every right to protect their product, but I've never liked the dmca bullshit.

  1. themacjedicali

    Joined: Dec 1969

    -1

    Apple

    Looks like Apple better get better protection methods or think twice before they kill PPC and shake! oh wait sorry, old latent bitterness coming through. Um yah, ... go Apple!

  1. themacjedicali

    Joined: Dec 1969

    -1

    Apple

    Looks like Apple better get better protection methods or think twice before they kill PPC and shake! oh wait sorry, old latent bitterness coming through. Um yah, ... go Apple!

  1. themacjedicali

    Joined: Dec 1969

    -1

    Apple

    Looks like Apple better get better protection methods or think twice before they kill PPC and shake! oh wait sorry, old latent bitterness coming through. Um yah, ... go Apple!

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