Judge rejects Psytar’s claims in ongoing legal brouhaha
Posted by Dennis Sellers 
Nov 18, 2008 at 2:55pm
A California judge has granted Apple’s motion to dismiss counterclaims on the part of Mac clone maker Psystar, who charged the Mac maker with violating antitrust laws through its attempts to block third parties from selling rival Mac OS X-based computers, reports AppleInsider.
In a 19-page order passed down on Tuesday, Judge William Alsup largely reject Psystar’s claims and granted Apple’s motion to have the countersuit thrown out of court should the clone maker not better its argument through an amended complaint that can be filed no later than Monday, Dec. 8. Should the company fail to do so, all of its claims will be dismissed without leave to amend, notes AppleInsider.
Last month Apple asked a U.S. District Court judge to dismiss Psystar’s counterclaims against the company. Apple said Psystar “is knowingly infringing Apple’s copyrights and trademarks, and inducing others to do the same.”
Psystar makes and sells personal computers that use, without permission, Apple’s proprietary operating system software. “In an obvious attempt to divert attention from its unlawful actions, Psystar asserts deeply flawed antitrust counterclaims designed to have this Court force Apple to license its software to Psystar, a direct competitor,” Apple says. “The Court should reject Psystar’s efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice.”
Psystar claims Apple has violated Sherman antitrust rules and other U.S. laws. Psystar claims in court documents filed in U.S. District Court for San Francisco that Apple “has engaged in certain anticompetitive behavior and/or other actions that are in violation of the public policy underlying the federal copyright laws.”
In July Apple filed suit against Psystar, the company that for months had been selling the Open Computer, a Mac clone. Apple is suing the company for violating its intellectual property rights.
Psystar announced on April 14 that it was planning to ship a US$399 expandable tower that is a “Leopard compatible Mac built from standard PC-parts and taking advantage of the osx86project to accomplish the task.” And in June the company announced a line of OpenServe rack-mount servers compatible with server operating systems such as Mac OS X Leopard Server, Microsoft Server 2003/2008, CentOS and Ubuntu Server.
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Contributor
Dennis Sellers
Dennis has been a newspaper editor/reporter (seven years) and teacher (seven years). He has over 10,000 magazine, newspaper and online articles to his credit. He has also covered the Mac and tech industries for over a decade for such online publications as MacCentral, MacMinute and now MacsimumNews.
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