updated 09:35 am EST, Mon February 16, 2009
Psystar submits complaint
As made possible by a recent ruling, Psystar has filed an amended complaint in its countersuit against Apple. While the Mac clone builder has been forced to drop antitrust accusations, it is continuing with allegations of copyright misuse relating to Mac OS X. Leopard's End-User License Agreement (EULA) specifies that the OS can only be installed on an official Apple computer, something Psystar argues is an overextension of the Mac OS X copyright.
Apple is in fact claimed to have deliberately planted code in Mac OS X which triggers a kernel panic whenever non-Apple hardware is detected. Psystar additionally accuses Apple of maintaining a double-standard, citing a 2005 speech from senior worldwide product marketing VP Phil Schiller; the executive said that while Apple would not block Windows from being installed on Macs, the company would prevent the installation of Mac OS on third-party computers.
Apple has been given 20 days to respond to the new complaint, and a tentative trial date of November 9th. It is expected that Apple will challenge as many aspects of the Psystar countersuit as possible, because a loss in the case could force the company to tolerate third-party OEMs. Though Apple has experimented with third-party licensing in the past, it now touts the advantages of close hardware and software integration.