It seems that Psystar’s persistence has finally been rewarded with a small win that eventually enables the Mac clone maker to purport that Apple misused its exclusive Mac OS X copyrights.
The legal battle between Apple and Psystar over distribution Mac clones has taken an interesting new turn, as the latest ruling from Judge Alsup permits Psystar to follow a couple of its four amended counterclaims against Apple.
Back in November last year, US District Judge William Alsup rejected Psystar’s counterclaims, including misuse of Mac OS X copyrights and Apple’s charges for DMCA infringements, along with California’s rules for inequitable competition.
However, in recent rulings, Judge Alsup has allowed Psystar to file counterclaims revolving around copyright misuse, but refused other counterclaims under the California Section 17200.
With its eight-page ruling, the court reiterates Psystar’s charges that Apple has unjustly “extended the scope” of copyrights for its Mac OS using its End User license Agreement (EULA), and the company is using the copyrights by inadequately asserting the claims in the wake of Digital Millennium Copyright Act (DMCA).
In it’s afresh the ruling, the court wrote “Psystar alleges, in effect, that Apple is improperly extending its Mac OS copyright into the computer hardware market by intimidating potential competitors into avoiding the market with dubious DMCA claims”.
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A win by Psystar would open the floodgates for other manufacturers to follow suit. There has been clone manufacturers in the past (Umax, Motorola) but Steve Jobs cancelled their licenses when he came onboard to give him more control on Apple as a brand. It is very likely that the company will spend whatever resources is needed (they've got billions in the banks) to defeat Psystar.