Stephen Withers
Wednesday, 16 July 2008 04:20
Opinion and Analysis
Page 1 of 3
Apple has finally taken legal steps to shut down Mac cloner Psystar, the company that brazenly offered consumers products running the Mac OS X operating system. The question on everyone's lips is why has it taken litigious Apple so long?
Psystar's strategy was to select a set of components that came close to being able to run Mac OS X, and then add whatever software modification were necessary. Psystar's original OpenMac (later Open Computer) desktop systems were followed by the rack-mounted OpenServ systems which also offered Mac OS X as an optional operating system.
While enthusiasts had been tinkering around with this idea since Apple made the switch to Intel-based hardware, openly selling such computers seemed certain to lead to Apple unleashing its lawyers.
The only surprise was that it took so long.
Anyway, Apple has now formally alleged that Psystar has infringed its copyright. The case will be held in the northern California district court by Judge James Larson, assuming the ordered alternative dispute resolution process fails.
The initial case management conference has been scheduled for October 22, so it will be some time before the matter reaches the courtroom.
Apple's complaint does not appear to be available in electronic form yet, but according to excerpts published by
ZDNet the company claims that Psystar's systems are "advertised and promoted in a manner that falsely and unfairly implies an affiliation with Apple", that "Psystar's actions have been committed with intent to damage Apple and to confuse and deceive the public", and that Apple "will suffer and is suffering irreparable harm from Psystar’s infringement of the Apple trademark insofar as Apple's invaluable good will is being eroded by [Psystar's] continuing infringement."
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