Apple is asking the judge presiding over the company's lawsuit against Psystar to dismiss the cloner's antitrust lawsuit "with prejudice."

IGM notes that a motion to dismiss is a very normal part of the lawsuit process. Asking to dismiss "with prejudice" is a little more severe, but not necessarily uncommon, and if the motion is granted it would make it impossible for Psystar to re-file the case in the future.

"Defendant Psystar Corporation is knowingly infringing Apple's copyrights and trademarks, and inducing others to do the same. ... 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. The Court should reject Psystar's efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice," Apple's lawyers wrote in a court filing September 30.

The next hearing in the trial is schedule for November 6, when judge William Alsup will hear the motion for dismissal.

[Via ZDNet and MacsimumNews.]

The Psystar saga continues. Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X preinstalled. In June, they released rack-mount servers with Leopard Server preinstalled in both 1U (starting $1599) and 2U (starting $1999) configurations.

Last July, the inevitable happened and Apple filed a lawsuit against Psystar citing copyright infringement, and demanded that they recall all machines. Psystar responded by acquiring legal representation from Carr & Ferrell, who previously settled with Apple in another case.

Still with us? Good. This week, Psystar seems to be preparing to countersue Apple, citing anticompetitive business practices. Specifically, the suit alleges that Apple's practice of restricting OS X to Apple hardware is "...an anticompetitive restraint of trade."

We think that's a stretch, but this story sure is fun to follow. We'll keep you updated as soon as anything changes. If you want a claim-by-claim breakdown of Apple's suit against Psystar, check out Nilay Patel's full accounting over at Engadget.

[Via Electronista]

Just as quickly as Open Tech opened up, the Mac clone creator has decided to put itself up for sale. Of course, we're not sure who would buy a company that could be sued at anytime by the Mothership.

Open Tech has information about the sale on their website. For just $50,000 (payable via PayPal, oddly enough), you will receive the following:

• Open Tech name
• Open Tech website
• Trade secrets (as in secrets to ripping off Apple)
• Press contacts (are they selling the actual people?)
• 2 Open Tech machines with the OS of your choice

This information comes on the heels of Mac clone maker Psystar being sued by Apple for copyright infringement among other things. So, if you are looking to buy a company with built-in legal trouble, Open Tech looks like it could be a good scam deal.


[via MacNN]

The Apple vs. Psystar battle continues to heat up as Psystar has hired a "well-known" attorney to handle the case. Attorneys at Carr & Ferrell (who won settled the 2006 burst.com lawsuit against Apple) have filled for an extension to the suit, which gives Psystar until August 18th to make a reply to Apple. Both Apple and Psystar agreed to the extension.

You may recall that Apple filed the lawsuit in a California court earlier this month, and later demanded that Psystar issue a recall for the Mac clones. When Apple filed the suit, they claimed that Psystar had violated their license agreement and committed copyright infringement by shipping "hackintosh" PCs with Mac OS X 10.5 Leopard.

[via ComputerWorld]

We noted yesterday that the Mac clone maker, Psystar, was sued by Apple for copyright infringement, among other things. According to a recent ZDNet post, Apple wants Psystar to recall all of the Mac clones sold since April. "Psystar's actions have been committed with intent to damage Apple and to confuse and deceive the public," Apple claims.

"As a direct and proximate result of Psystar's infringing conduct, Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial," Apple notes.

I really don't see how Psystar will be able to recover all of the Mac clones sold since April. But, if you bought one, would you send it back? I certainly wouldn't. Engadget, our sister blog, is also looking deeply into this high-profile lawsuit. They take a look at what each allegation means for both Apple and Psystar.

Like we didn't see this one coming: Apple is suing Psystar for copyright infringement. Psystar is the interesting little startup Mac-clone maker who allowed Mac OS X to run on their systems without the consent of Apple. In its license agreement, you are not allowed to run Mac OS X on any non-Apple hardware.

Apple filed the complaint in a federal district court in California saying that Psystar violated its shrink-wrap license and trademarks. Apple is also alleging copyright infringement. In recent months, Psystar had begun cloning Mac OS X servers, which definitely made us feel a little uneasy about this small company.

[via Engadget]

Amazingly, the commercial hackintosh maker Psystar (whose efforts in building non-Apple machines running OS X we've covered at some length) still hasn't been beat down by Apple Legal and now they're back for more. They are releasing the OpenServ series of rackmount servers which they offer with a variety of OSes including OS X Leopard Server.

There are two models: the 1U OpenServ 1100 (starting $1599) and the 2U OpenServ 2400 (starting $1999) either of which can be purchased with OS X Leopard Server pre-installed for an extra $155 (no clients), $525 (10 clients), or $1025 (unlimited clients). This machines are obviously in direct competition with Apple's Xserve. Frankly, I'm amazed that Psystar is still in business, and they keep pressing their luck. I wonder if this will be enough to push Apple over the edge.

[via Gizmodo]

A while back the Mac web was abuzz about Psystar, the first commercially available hackintosh. Now comes EFiX, an USB dongle that will supposedly allow you "to install Mac OS X straight from the original DVD [onto a regular PC] without having to worry about patches, replacing files and anything like that." Above you can see a video from netkas.org partially demonstrating a PC booting a MacBook repair disc.

They say the product is in "the final testing phase," with release planned for June 23, 2008. Whether Apple's lawyers will ever let this see the light of day is something else entirely.

[via Gizmodo]

It's a big day for the Psystar Open Computer -- the quasi-Mac clone based on PC hardware and a cracked version of Mac OS X. ZDNet today published their comparison of the Open Computer with a Mac mini, and all three flavors of MacBook.

The results? The Open Computer fares pretty well against all of its Mac cousins. It scored nearly 147 with Xbench 1.3.

It beats the Mac mini, its closest price competitor, by nearly 50 percent. The Open Computer outperforms even a MacBook Pro (with a 2.4GHz Penryn processor) by 10 points. Not too shabby at all, if you can stand the sound of a jet airplane on your desk (Just kidding. Apparently the noise isn't too bad).

ZDNet promises results using GeekBench soon. UPDATE: the GeekBench results are here, and the Open Computer still leads most of the Macs, but by a narrower margin. The MacBook Pro, though, edged out the Psystar 3327 to 3244.

Earlier this month, Psystar announced their intention to sell Leopard-ready, Core 2 Duo minitowers for $399US. The announcement drew a lot of attention, including that of Apple Legal.

Still, a few machines have arrived in the wild, and yesterday some lucky owner posted a very brief video of his Psystar hackintosh booting. That was interesting enough, but check this out. Our friends at Engadget have gotten their hands on one, and intend to put it through the ringer. Performance tests, software, hardware, you name it. Right now, they've got some great unboxing photos up.

As for testing, they're open for suggestions. Have you got a certain test in mind? Drop them a line and perhaps they'll try it out for you. Have at it!

Much has been written about whether or not Psystar's Mac clone, the Open Computer, actually exists, let alone if it's legal. A Gizmodo reader sent in some video of his Open Computer booting up and running Leopard. Software Update doesn't work, and the chances of Apple supporting this thing are less than zero.

I'm not against the idea of Mac clones (though I doubt Apple will ever officially sanction it) but if I were in the market for a Mac clone I would want one that was well built. As soon as the Open Computer is turned on the fan is running at full tilt, and it is far from whisper quiet. That's not exactly the mark of craftsmanship.

What say you, TUAW readers, is a super loud fan and boring case design outweighed by the savings and customization that a Mac clone offers up versus gear from Apple?

Yesterday, Mike posted about the new commercial hackintosh from Psystar. Many of our readers noted that, wow, that was a lawsuit waiting to happen -- or as Fake Steve put it, Psystar is French for "We're about to go out of business". Update 11 am Tuesday: InformationWeek is reporting that Psystar believes that Apple's EULA is anticompetitive and violates US monopoly laws. Interesting.

Here are a few of the high points that TUAW is aware of:

The Mac name Using "Mac" in the product name was probably a bad idea. Psystar just re-named the platform to "Open Computer" instead.

Pre-installing Leopard It would seem that installing Leopard on non-Apple hardware is a violation of Apple's EULA. Virtualization vendors such as Parallels and VMware have already acknowledged this constraint in their product development; otherwise, both would offer VMs capable of running Leopard on any PC and not just on Mac OS X Server.

Unlicensed PC_EFI It looks like Psystar is using an EFI bootloader without properly acknowledging the actual author or receiving permission to distribute the software.

If you haven't yet checked out the discussion thread on Digg, I encourage you to do so. It's especially useful with its discussions about hardware limitations and hackintoshes.