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Apple adds DMCA allegations to Psystar suit
Stephen Withers
Tuesday, 02 December 2008 06:34
Page 1 of 3
Apple has beefed up its complaint against Mac 'cloner' Psystar by alleging a breach of the Digital Millennium Copyright Act (DMCA). But does Apple understand the DMCA?The company followed up with server configurations competing with Apple's Xserve and optionally running Mac OS X Server.
In July, Apple launched legal action against Psystar, alleging copyright, trademark and trade dress infringement; trademark dilution; breach of contract; and unfair competition.
Psystar filed a counterclaim against Apple under antitrust laws, but that didn't get them very far.
Apple sought to have Psystar's countersuit dismissed, and the judge agreed. Psystar had failed to establish that there were distinct markets for Mac OS capable computers (as opposed to other PCs) and for Mac OS X itself (as opposed to other operating systems).
That was no big surprise, as Psystar had been offering its Open Computer and OpenServ customers the choice of Windows and Linux as well as Mac OS X.
The latest development is that Apple has been permitted to add DMCA claims to its suit against Psystar.
What's Apple's new beef? See page 2.
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