updated 12:05 pm EDT, Mon August 17, 2009
Psystar destroying proof?
Mac cloner Psystar is guilty of destroying important evidence needed to proceed in an ongoing lawsuit, Apple alleges in recent court documents. The case revolves around the end-user license for Mac OS X Leopard, which expressly forbids installing the software on systems not branded by Apple. Psystar sells PCs with Leopard pre-installed, which Apple suggests is a violation of the Digital Millennium Copyright Act due to the need to modify code in the operating system.
Apple is seeking to obtain a bootloader used by Psystar, which the latter is argued to have been legally required to preserve. But, Apple claims in filings, "Psystar has overwritten -- i.e. erased -- infringing versions of the software code used on computers sold to its customers." Psystar attorneys are also noted as saying that the company's e-mail and customer support software, SupportSuite, randomly "deletes or loses" messages. Actual descriptions of the bootloader have been censored in public documents.
Psystar recently fired its own legal salvo, calling for the deposition of several important Apple executives. Notable among these is Phil Schiller, one of the public faces of the company as the senior VP for worldwide product marketing. Psystar has charged Apple with abusing copyright law, imposing unfair restrictions in order to block legitimate competition. Unlike Mac OS X, platforms such as Windows and Linux can be installed on any compatible computer.