Apple asks judge to dismiss Psystar countersuit 'with prejudice'

Stephen Withers
Thursday, 02 October 2008 12:05

Opinion and Analysis

The latest move in Apple v Psystar is a motion to dismiss the cloner's allegation that Apple has violated antitrust law. If the judge agrees, it could mean an earlier end to the case.

Earlier this year, Psystar began selling the Open Computer - a desktop computer assembled from generic components with the option of having Mac OS X preloaded.

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.