Linked by Thom Holwerda on Mon 17th Aug 2009 22:26 UTC
The legal bickering between Apple and Psystar is almost getting uglier and grittier by the day. In a filing made last week, the Cupertino giant accused Psystar of destroying evidence, but today the clone maker has vigorously denied ever having done such a thing.
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RE: why Psystar couldn't sue first
by JLF65 on Tue 18th Aug 2009 17:47
in reply to "why Psystar couldn't sue first"
Member since:2005-07-06
Actually, this case isn't over the infamous EULA. It's funny that so many people think it is. This case is over the DMCA - Apple accuses Psystar of "bypassing" a security feature to get OSX running. That's a no-no under the DMCA. That's why Apple wants them to provide all the versions of the code they put on computers - to try to show that Psystar was working around Apple code meant to keep OSX from working on other computers.
Psystar's attempt to bring up the EULA has already been tossed out by the judge. Psystar will need some other way to beat Apple's charges - probably something along the lines of interoperability.
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Member since:
2006-01-14
Psystar could not have sued Apple first as you suggest Kaiwai. Apple is incapable of breaking its own licenses or EULA's. Its not until Apple actually tries to enforce the EULA that a lawsuit can take place, which is what is happening now. Until Apple objected, Psystar was free to do what ever they wanted, as they are not breaking any criminal laws.
Edited 2009-08-18 13:57 UTC