TAG | Apple asks judge to dismiss Psystar countersuit 'with prejudice' |
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| by Stephen Withers | |
| Thursday, 02 October 2008 | |
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Apple's licence agreement for Mac OS X forbids the use of the software on anything other than an Apple-labelled computer. A couple of months later, the company added a more highly specified model called the OpenPro, and this was also offered with Mac OS X preinstalled. And then in July, Apple took legal action against Psystar, alleging copyright, trademark and trade dress infringement, trademark dilution, breach of contract, and unfair competition. August saw Psystar countersue Apple, alleging restraint of trade, unfair competition and other violations of antitrust law. Rather than argue Psystar's claims, Apple is now seeking to have them dismissed completely. According to Apple's filing, "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." A dismissal "with prejudice" would prevent Psystar from launching a similar action against Apple. What's the basis for Apple's move? Please read on. |
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