The legal back-and-forth between Apple and clone-maker PsyStar continues to develop, with the latest news being a move by Apple – the Cupertino company has invoked something with many already predicted Apple would call upon: the DMCA, or the Digital Millenium Copyright Act. This was done in an amendment to the original suit, filed in July this year.
Apple claims that PsyStar has violated the DMCA by circumventing the copy protection built into Mac OS X, which prevents the operating system from being installed on computers not made by Apple. “Apple employs technological protection measures that effectively control access to Apple’s copyrighted works,” Apple claims, “Defendant has illegally circumvented Apple’s technological copyright-protection measures.”
Apple further accuses PsyStar of using code that “avoids, bypasses, removes, descrambles, decrypts, deactivates or impairs a technological protection measure without Apple’s authority for the purpose of gaining unauthorized access to Apple’s copyrighted works.” In addition, Apple also claims that PsyStar is marketing this code to third parties. As if all that wasn’t enough to warrant a revision, Apple also adds another, surely black-helicopter-inducing claim:
Persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this amended complaint. The true names or capacities, whether individual, corporate or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10.
Apple will make these John Does known as soon as it knows who they actually are.
They’re reaching a bit, aren’t they?
This is the first I think anyone’s heard of Psystar marketing these technologies to third parties. Weren’t they basically using projects developed by the OSX86 community in the first place? PC EFI and the like? As far as I’m aware, what Psystar did was build a system that had all OS X compatible hardware in it and install it for you. It was this latter part, I thought, that could be called into question by Apple. I don’t believe Psystar was creating the hacks and/or boot loaders that was allowing OS X to be run on their systems. Am I mistaken about this? Do I have it all wrong?