Like a league of zombies that just won't go away, Mac clone maker Psystar just keeps coming back for more punishment. In the most recent chapter of this ongoing courtroom drama, Psystar filed an Opening Brief with the Ninth Circuit Court of Appeals in its request for an appeal to the permanent injunction that keeps the company from making Mac clones. Contrary to its former tactic of making all court filings open, Psystar requested that the Opening Brief be sealed.
Apple, on the other hand, made its Answering Brief public and the contents were interpreted for The Mac Observer by an attorney who said that Psystar's strategy seems to be focused on "getting the court to adopt a radical revision of the Copyright Misuse doctrine that would in effect destroy copyright and force all copyrighted works to be licensed."
Apple's Answering Brief noted that "Because Psystar has no proof that Apple has inhibited competition or suppressed creativity, Psystar urges this Court to abandon long-standing precedent and create a new doctrine of per se copyright misuse. Under this doctrine, any license agreement - such as Apple's SLA - that restricts the use of copyrighted software to particular hardware is per se copyright misuse."
Apple also stated that "Psystar's grossly overbroad per se theory of copyright misuse would eliminate fundamental rights guaranteed by the Copyright Act -- the rights to control the reproduction, modification, and distribution of copyrighted works." The court system is unlikely to completely revamp the long-established tenets of copyright law, but the way this case seems to keep coming back from the dead, anything is possible.