Filed under: Apple Corporate, Hardware, Apple Financial
Psystar gets countersuit dismissed, case heats up
Yesterday brought about a bit of disappointing news for Mac-clone maker Psystar. Ars Technica is reporting that Psystar's countersuit, which alleged that Apple violated an anti-trust act by tying their operating system to hardware, was thrown out of court. US District Judge William Alsup made the decision, stating that Apple did not, in fact, violate the Sherman Antitrust Act, Clayton Act, or Cartwright Act.AppleInsider notes that crucial to Psystar's claim was the definition of the "Mac OS Market." Judge Alsup agreed with Apple's right to sell their OS to their customers with the understanding that it may only be used with their hardware.
Last month, Apple and Psystar were ordered to undergo "private arbitration and mediation" by the court. As far as we know, Apple still has a case against Psystar for violating the shrink wrap license and trademarks. Apple has also alleged copyright infringement.
It would appear that Apple has the upper hand at the present time, but it looks like we'll have to wait a bit longer to find out the final verdict.
[via Ars Technica]
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Reader Comments (Page 1 of 1)
shane said 7:37AM on 11-19-2008
come on psystar! good luck!, mac owner myself but f-cking despise the apple fanboys.
Reply
antiorario said 7:41AM on 11-19-2008
How does this have anything to do with fanboys?
minimalist said 9:12AM on 11-19-2008
Doesn't looking at a legal case solely as a punishment for fanboys make you a fanboy yourself? Being reactionary for the sake of being reactionary does not make you above the fray.
How about looking at the merits of the case itself?
shane said 7:47AM on 11-19-2008
cos a army of c-nts will come on here defending apple, anyone would think they had shares in the company. apple are a rip off for hardware
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SpyBoyCH said 12:19PM on 11-19-2008
I'm sorry shane. I'd like to see Mac prices come down and have the ability to legally run Mac OS on other machines, but what Psystar did is illegal...Highly illegal.
However I must point out: the fact that Apple oppted for an out of court arbitration points to the possibility that Apple has learned from this incident and will be making changes to their license agreement, the kind of changes that they don't want coming out through court docs (records from third party are arbitrations are not made accessible to the public).
If anyone wants to see the court docs here is the link again:
http://news.justia.com/cases/featured/california/candce/3:2008cv03251/204881/
Peace all.
liquidmark said 2:21PM on 11-19-2008
"apple are a rip off for hardware"
Ok, Shane, Show me a All-In-On PC that beats the price AND spec of an iMac. If macs are such a rip-off, why do most PC all-in-Ones cost more, yet are less powerful?
Seriously, Form-factor, craftsmanship and overall quality are large factors as to why Macs cost as much as they do.
VanillaSpice said 7:32PM on 11-19-2008
@SpyBoy - I thought that Apple did not opt for out of court arbitration, but that they were forced into mandatory arbitration by the court? I imagine, given the nature of their respective claims, that Apple would prefer a court and Psystar would prefer arbitration.
Oh, and Shane, you are a fanboy yourself. Anti-fanboys and Pro-fanboys act the same, do the same things, and are just as illogical, annoying, rude and prone to swearing as each other. Both varieties of fanboys are equally despised.
James Madley said 8:20AM on 11-19-2008
What are the chances Apple fanboys can spell correctly and have good grammar? As opposed to non-fanboys of course.
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mort said 10:08AM on 11-19-2008
Burn pystar burn.
shane, go back to your ubuntu you cheapskate. you probably only own a hackintosh. I'm not a fanboi, just a realist. Apple hardware is superior to standard pc hardware. ever open up a macpro and see the server grade ware inside? did not think so.
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