Linked by Thom Holwerda on Wed 27th Aug 2008 22:21 UTC, submitted by tzineos
Legal Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anticompetitive business practices. Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple's tying of the Mac OS to Apple-labeled hardware is "an anticompetitive restrain of trade", according to attorney Colby Springer of antitrust specialists Carr & Ferrell. Psystar is requesting that the court find Apple's EULA void, and is asking for unspecified damages. Psystar's attorneys are calling Apple's allegations of Psystar's copyright infringement "misinformed and mischaracterized". Psystar argues that its OpenComputer product is shipped with a fully licensed, unmodified copy of Mac OS X, and that the company has simply "leveraged open source-licensed code including Apple's OS" to enable a PC to run the Mac operating system.
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I guess it's all in the EULA. If they were just to sell a device, or piece of homemade code that one could then obtain and run OS X themselves, then maybe they have a shot. But selling an OS X pre-installed modded system is definitely shady territory, regardless of the fact they make you purchase a copy of OS X. They are making money off of re-selling software that hasn't been licensed, or sanctioned by Apple. It's like taking a blu-ray movie, ripping it to normal DVD (for non blu-ray owners, then selling the copy AND the blu-ray version together.

Just because you put it in the EULA does not guarantee it is legally enforceable...

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