CopyrightAbuse
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Psystar drops antitrust argument against Apple, throws copyright abuse at the wall
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.
