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Psystar changes copyright claims, denies DMCA errors

updated 03:15 pm EST, Wed December 10, 2008

Psystar drops antitrust

Psystar has submitted a modified counterclaim in its legal dispute with Apple, reports say. Filing in response to a tentative dismissal motion, Psystar has dropped any antitrust allegations under the Clayton and Sherman Acts, saying that while it "respectfully disagrees" with the court over definitions of monopoly, it will abide by them for the time being. It is nevertheless continuing a pursuit of Apple for copyright violations, referring to the legal concept of a "misuse doctrine."

Psystar argues that while a company may technically operate within the boundaries of antitrust law, copyright claims can nevertheless be abused to block competition, in this case through a EULA which prevents anyone from installing Mac OS X on third-party hardware. In this regard it the company also denies that it has broken rules of the DMCA, meant to deter circumvention; in fact, Psystar says, creating Mac-compatible hardware does not represent any sort of violation, and it is Apple that is exceeding its reach.

Apple is accused of breaking California's Unfair Competition Statute, which permits less narrowly-defined claims. Also challenged is Apple's suggestion that Mac OS X includes a copy protection system, which Psystar observes consists only of kernel panics and looping errors when non-Apple firmware is present. Psystar moreover says that it reserves the right to resurrect antitrust charges, should it find enough evidence to back them up.




by MacNN Staff

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Comments

  1. eldarkus

    Joined: Dec 1969

    +4

    hmmm

    sits back with popcorn

    This is gonna be a good show!

  1. Flying Meat

    Joined: Dec 1969

    +1

    Dude!

    "Psystar argues that while a company may technically operate within the boundaries of antitrust law, copyright claims can nevertheless be abused to block competition"

    That is such a dead end. Apple does not use it's end user license to block competition. Make your Psystar machine that runs your Psystar OS, or any other OS but Apple's.

    How many OS options does poor, pitiful, put-upon, Psystar have besides Apple's?

    It really would be interesting to know who is supporting Psystar's stupid "hit me" sign.

  1. dwoodruff

    Joined: Dec 1969

    +1

    hah

    How does this company have any money for lawyers?

    Nobody is buying their hack scheit

  1. Guest

    Joined: Dec 1969

    -1

    EFIX

    I use the EFI-X dongle to instal OSX, just insert DVD in drive, and install, no mods, no hacks...I used all the recommended hardware and it rocks!

    http://efi-x.com/index.php?language=english

  1. bigpoppa206

    Joined: Dec 1969

    +5

    well...

    The phrase "grasping at straws..." coes to mind!

    Comment buried. Show
  1. testudo

    Joined: Dec 1969

    -14

    Re: Dude!

    That is such a dead end. Apple does not use it's end user license to block competition. Make your Psystar machine that runs your Psystar OS, or any other OS but Apple's.

    Um, yes they do. They use their EULA to prevent anyone else from installing the software on any hardware made by Apple. Thus it prevents anyone from making Mac-compatible computers. Thus the competition argument.


    How many OS options does poor, pitiful, put-upon, Psystar have besides Apple's?


    The argument is "How many hardware options does a consumer have for an OS X computer?"

  1. Flying Meat

    Joined: Dec 1969

    +3

    Re: Re: Dude!

    It doesn't prevent anyone from making a mac-compatible computer. Create away!
    Without the OS, it is just a mac-compatible computer with no OS you can legally install on it.

    The OS, by the way, is Apple's. I don't know if I can stress that more. The product can be protected under law. Period. It is Apple's.

    After creating your mac-compatible computer, you cannot legally encourage others to install OS X on it, nor offer, for a fee, to do it for them. It's Apple's software. The license agreement allows installation of one copy on one Apple made machine, or up to 5 Apple made machines with purchase of the family license.
    There are probably other Apple OS licenses available, but I'd bet money that they are bound by the same restriction to Apple hardware. It's Apple's software.

    You can make a mac-compatible machine and install some other OS on it.

    The argument, "How many hardware options does a consumer have for an OS X computer?" is stone-blind-stupid at best.


  1. macnixer

    Joined: Dec 1969

    +3

    I want ATT to stop

    locking the iPhone. I want Microsoft to stop creating Office Outlook only for Windows. I want to play all the music created by many artists and not pay them. I want to go and walk in to a movie theatre without paying the ticket price. I want the TV channels (all HD and 'pay') delivered without a fee. I want the 'patent' office closed. Any invention or thought should become open source. I should have the right to malign it, misuse it, profit from it.

    Psystar is a representation of socialists. What they say is completely wrong. If Apple has created the OS, they have the rights how others use it. If I do not want to pay for the hardware and the service they provide, then I must go and get what is available in the market. As with an of the books written, or songs, or movies, the art and anything that is created and copywrited, the Mac OS is a copyrighted work. It cannot be said that the company should be forced to forego its rights. No way should Apple cow down to these jokers.

    I am a fanboy and I will help fund Apple to fight these jokers if ever Apple were to need the funds. These jokers from Psystars should be sent to Cuba (not too far from where they come from).

  1. Foe Hammer

    Joined: Dec 1969

    +3

    Let's run with this ...

    "Psystar moreover says that it reserves the right to resurrect antitrust charges, should it find enough evidence to back them up."

    And as soon as I can find enough evidence to back up my claim that Steve Jobs has been swiping my black turtlenecks from my bedroom closet while I sleep, I'll be filing my lawsuit too.

  1. testudo

    Joined: Dec 1969

    -4

    Re: I want

    As with an of the books written, or songs, or movies, the art and anything that is created and copywrited, the Mac OS is a copyrighted work. It cannot be said that the company should be forced to forego its rights. No way should Apple cow down to these jokers.


    What? According to your arguments, if the RIAA says it is illegal to rip a CD to put on your iPod, then it should be illegal to do so. Right? Oh, wait, no, that's music, which you bought and should be able to exercise your fair-use rights.

    But then isn't it a consumer's right to buy a copy of OS X and use it as they see fit? Or are we going to argue that EULAs should be strictly adhered to and valid documents? So if the RIAA starts putting an insert into every CD stating "You can only play this CD on a single CD device and aren't allowed to copy it" you would abide by that too?

    And when an artist tries to exercise their rights (say, by only allowing an album to be sold as a whole) they are ridiculed and mocked.


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