The legal back-and-forth between PsyStar and Apple is slowly but surely moving into the twilight zone. Not too long ago we had Apple going all black helicopter on PsyStar claiming people and/or companies other than PsyStar are involved in the clone maker’s unlawful practices, even though Apple could so far not name any of them because, well, they don’t know who they are yet. If that wasn’t enough, PsyStar now claims that Apple’s copyright on Mac OS X is invalid.
PsyStar claims that due to Apple using improper procedures while acquiring the US copyright to Mac OS X, the Cupertino company has no legal basis to claim that PsyStar is infringing upon the Mac OS X copyright, which happens to be a major part of the lawsuit. Whether these claims hold any water remains to be seen (read: unlikely), but you have to admit, if they pull this one off, they’re pretty clever.
PsyStar further reiterated its position that that the processor check employed by Apple in Mac OS X does not constitute as copy protection, and as such, circumventing the check is not a violation of the DMCA. PsyStar says that it’s not copyright protection because a failed check just results in a system crash.
In any case, this is shaping up to be one fun lawsuit. Whatever the outcome, we’ll have our laughs.