Oh, Psystar. Fresh from the court's smackdown of its antitrust claims
against Apple, the wannabe Mac cloner has amended its lawsuit to ditch that argument and instead allege that Steve-o is committing the sin of copyright abuse by not letting it sell OS X compatible machines. Yes, copyright abuse. The little-known doctrine is generally used by by those being sued for copyright infringement as a defense, and Psystar's now questionably hotshot legal team
is essentially throwing a Hail Mary by arguing that Apple's EULA is anticompetitive because it relies on the power of copyright law to restrict the use of OS X to Apple's machines. If you're thinking to yourself, "But imposing conditions on a licensee is exactly the sort of power granted to a copyright owner!" congratulations -- you have incredibly boring thoughts. You're also exactly correct -- we don't see this argument getting any farther than the antitrust one did. Honestly, at this point we're pretty certain Psystar is hurting the OSx86 movement way more than it's helping -- Apple's started making noise
like it's coming after the hackers who make it possible, and that's the last thing we want to have happen. Maybe stop tickling the dragon, guys?
P.S.- The PDF of the new counterclaim
is an entertaining read -- the law students out there might want to read it as reassurance they'll eventually be paid the big bucks to spew out some deep crazy.