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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RE[4]: Interesting Defense...
by Panajev on Thu 28th Aug 2008 10:57 UTC in reply to "RE[3]: Interesting Defense..."
Member since:

Thankfully, it doesn't matter what Apple thinks.

If a car company sells you a car which requires a specific BRAND of, say, oil, then that car company is LEGALLY REQUIRED to provide that fluid to you at NO COST.

The same law also applies here, Apple is FORBIDDEN from requiring you to have a specific BRAND of hardware to run their software... even if that software is only available with the hardware.

They CAN make it as hard as they want, within limits, for you to use the software on other brands, but they have no legal authority with which to prohibit said usage.

Furthermore, U.S. law directly permits all modifications, reverse-engineering, and what-have-you for the sake of compatibility. Be that software-on-hardware compatibility, or software-on-software compatibility.. or even hardware-on-hardware compatibility. You can clone technologies VERY legally, provided you do not engage in copyright infringement or violate trademark laws.

Your clone is YOUR property, to with as you will, under the law ( naturally ).

Basically: when Apple says you NEED an Apple-Branded computer of certain specifications, and they provide that software to you, they should be giving you the hardware to run the OS ( FREE ). Because they DO NOT, then they must allow the OS to run on other machines, though they HAVE NO REQUIREMENT to support that configuration - the software doesn't have a warranty anyway - except in tech support - which they would have no further obligation to provide ( other than maybe on a best-effort basis, which would be by their good graces only ).

--The loon

Very good post.

Reply Parent Score: 2