Psystar Says Mac OS X Is Not Protected By Copyright

In a fresh set of allegations, Mac clone maker Psystar charged Apple with inadequate handling of copyrights of its Mac OS X.

As per a recent document filed by Psystar, Apple “is prohibited from bringing action against Psystar for the alleged infringement of one or more of [Apple’s] copyrights for failure to register said copyrights with the Copyright Office”.

In its recent filings, Psystar purported that it didn’t infringe the DMCA as Apple has alleged, and posed 41 other defensive claims echoing the same.

In addition, Psystar also denied the existence of any concerted effort to breach intellectual property rights of Apple, or to infringe Apple’s unenforceable license agreements, or to violate competition laws.

According to Psystar, Apple is continuing to control the rights granted in the wake of US Copyright Act, by forcing purchases of Apple branded computer systems, and thus engaged in some form of anti competitive behaviour.

Psystar also claimed that Apple Inc. lacks copyright for its Mac OS X 10.5, and didn’t register the operating system with the US Copyright authorities, whereas a quick search of the website of US Copyright clearly shows that the copyright for the operating system was granted on 24 January 2008.

Back in July, Apple sued Psystar for the violation of copyright laws, trademark and trade violation, unfair competition, and breach of agreement, after Psystar kicked-off selling computer systems with the modified Apple’s OS X.

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Our Comments

Psystar is quite desperate to win this battle against Apple. The latter cannot afford to lose as this would open the floodgates to even more companies which would then start building Mac Clones. Apple is more conservative than Microsoft and could well become the first manufacturer to offer a complete platform if they manage to produce their own hardware platform which they could very well by next year.

Related Links

Psystar Accuses Apple of Lacking Copyrights


Latest Psystar wacky claim: OS X never copyrighted (!???)


Psystar: No conspiracy against Apple

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New Psystar filing full of sound and fury, signifying nothing

(Ars Technica)

Psystar: Apple Mac OS X is Not Copyrighted

(Tech Tree)

Psystar throws the 'kitchen sink' defense at Apple

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Psystar Claims Apple Forgot To Copyright Mac OS

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Running Out of Options, Psystar Challenges OS X Copyrights