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With new claims, Psystar tries another angle

Robert Palmer

You have to admire Psystar's tenacity. Since Judge William Alsup's decision to disallow federal antitrust claims against Apple in Psystar's countersuit, Psystar is amending its countersuit, alleging the misuse of copyright based on different antitrust claims.

It boggles the mind.

Apple is already suing Psystar, of course, claiming that they are violating Mac OS X's End User License Agreement (EULA). Psystar, in its new set of counterclaims, says that Apple is improperly extending the scope of copyright law to include its argument that Psystar broke the EULA.

Psystar claims that -- while admitting that it can't make arguments based on federal antitrust law -- Apple has "leveraged" the power granted them by the Copyright Act and extended it to lock in users post-sale. This, Psystar says, is unlawfully monopolistic, and makes Apple's copyrights unenforceable.

Psystar is also seeking to prove that Apple's behavior is illegal under California's unfair competition statute.

The judge will decide in January if the new claims can be argued in court.

[Via Ars Technica.]

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