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Apple piles on Psystar, wins trademark suit
In yet another new facet to this already-draining legal battle surrounding Psystar's sales of non-Apple hardware that runs Mac OS X, Apple has amended its original suit after it discovered "additional information," according to Computerworld. Apple now claims Psystar circumvented Apple's copyright protection code, in violation of the Digital Millennium Copyright Act. Apple said in its original filing that Psystar was in violation of the Mac OS X End-User License Agreement, but tacked on this additional charge last week. The amendment also names 10 "John Does" -- persons who were not part of the Psystar company, but broke the copyright protection scheme. Apple doesn't know who they are yet, but plans to name names when its lawyers find out who they are. In other Apple legal news, Apple won a trademark infringement case in China against New Apple Concept Digital Technology Co., Ltd., based in Shenzen. Judges decided that the Chinese company had a logo too similar to Apple's. New Ap -- aw, eff it -- NACDTCL was ordered to pay 400,000 yuan (≈ US$58,000) to Apple, Inc. [Via Cult of Mac.]
Psystar gets countersuit dismissed, case heats up
Yesterday brought about a bit of disappointing news for Mac-clone maker Psystar. Ars Technica is reporting that Psystar's countersuit, which alleged that Apple violated an anti-trust act by tying their operating system to hardware, was thrown out of court. US District Judge William Alsup made the decision, stating that Apple did not, in fact, violate the Sherman Antitrust Act, Clayton Act, or Cartwright Act.AppleInsider notes that crucial to Psystar's claim was the definition of the "Mac OS Market." Judge Alsup agreed with Apple's right to sell their OS to their customers with the understanding that it may only be used with their hardware.Last month, Apple and Psystar were ordered to undergo "private arbitration and mediation" by the court. As far as we know, Apple still has a case against Psystar for violating the shrink wrap license and trademarks. Apple has also alleged copyright infringement.It would appear that Apple has the upper hand at the present time, but it looks like we'll have to wait a bit longer to find out the final verdict.[via Ars Technica]
Psystar's antitrust claims against Apple dismissed
Well, we can't say we didn't see this coming -- Judge William Alsup in the federal Northern District of California today dismissed Psystar's antitrust counterclaims in Apple's copyright infringement lawsuit against the wannabe Mac cloner. According to the judge, Psystar's hotshot legal team failed to provide facts "plausibly supporting the counterintuitive claim that Apple's operating system is so unique that it suffers no actual or potential competitors." Not only that, but the judge also found that Psystar actually contradicted itself in pointing out that Apple has to advertise heavily to promote OS X against competing operating systems that perform the same tasks, and that Apple is "certainly entitled" to ask its customers to only use OS X on Apple machines. Yeah, that's a smackdown. Psystar has until December 18th to amend its complaint and try these arguments again, but we can't say we think it's got a shot in hell here -- and something tells us that that court-mandated alternative dispute resolution process isn't going to get very far in Psystar's favor either.Disclaimer: Nilay's a lawyer and sells bootleg OSx86 machines out the back of his van, but he's not your lawyer and this isn't legal advice.[Via Macrumors]
Psystar offers Blu-ray option for Mac clones
Macworld's Jim Dalrymple reports that Psystar, the makers of legally-contested Mac clones, are offering Blu-ray drives for its products. Two Blu-ray burners can be added to Psystar's Open and OpenPro line of computers, a $310 6x Blu-ray burner, and a $350 6x Blu-ray burner that includes a 16x DVD±RW DL drive. It appears that both can be added to a single system. Apple has not added Blu-ray to any of its products, and Steve Jobs called the licensing terms for the technology a "big bag of hurt," though Apple is on the board of directors of the Blu-ray Disc Association trade group. Aftermarket, external Blu-ray burners are available for Mac around $450, and internal burners for Mac Pro start around $370. External players start around $270. Psystar is in the midst of litigation with Apple surrounding its inclusion of Mac OS X with its line of clones.
Possible Psystar Mac laptop clone in the works
It looks like Psystar really hasn't been hit by either the economic downturn or the lawsuits Apple has brought against it regarding those "OS X-capable" machines. Adding insult to yesterday's injury -- the announcement of desktops with built-in Blu-ray and NVIDIA's GeForce 9800GT-- it also looks like the company is actively developing a Mac laptop clone, according to an email obtained by AppleInsider. A Psystar spokesperson claims that, "Although there is no mobile open computer at the moment, I can tell you that it is something that is in development," and adds "No release day or price has been set for any potential mobile product line. However I can assure you that at release it will be very competitively priced." Well then -- assuming the quality of the laptops will be comparable to those desktops -- we can hardly wait.
Psystar slaps Apple around, releases Mac clones with Blu-ray / GeForce 9800GT
While suits from Psystar and Apple are currently attempting to work things out via alternative dispute resolution, the former company is doing something the latter company won't: offer OS X-capable machines with built-in Blu-ray and NVIDIA's GeForce 9800GT. Showing no mercy whatsoever in a recent release, Psystar calls Steve Jobs out for his controversial "bag of hurt" comment and proceeds to inform the general public that it's "now shipping" OS X-compatible PCs (better known as Open Computers) with Blu-ray optical drives and the GeForce 9800GT GPU. Based on pricing figures gathered from the company's website, a 6x Blu-ray writer is a $310 upgrade over a dual-layer DVD burner, while the 512MB GeForce 9800GT will set you back $200 more than the 8600GT. Whatcha got to say now, Steve? Huh? Huh?[Via MacUser]
Apple, Psystar strike a deal
CNET and The Mac Observer noted a legal filing on Friday that suggested Apple and Psystar were looking to bypass the normal lawsuit process and enter a phase of private arbitration and mediation. The filing notes that Apple and Psystar will participate in the Alternative Dispute Resolution (ADR) process, a way to keep legal costs down -- and the outcome private. For famously secretive Apple, this agreement seems right up their alley. The agreement means the two companies will enter non-binding arbitration, present their case to a neutral party, and work out a deal through mediation. This all probably comes down to one thing: cash money. Psystar has nowhere near the cash reserves that Apple has, so this less-expensive option is attractive to them. It's attractive to Apple because if they lose, the decision is kept under wraps. As CNET's Tom Krazit notes, if Apple is guilty of Psystar's antitrust accusations, it could hurt their other cases where they're accused of the same thing. Of course, we'll know for certain the outcome simply by seeing if Psystar continues to sell their computers (or not) after January 31, when the ADR sessions wrap up. [Via AppleInsider.] Update: According to Psystar's attorneys, Apple and Psystar were ordered into the mediation by the court. According to several of our commenters, ADR is a common practice. Soulbarn says: "It is practically mandatory. It would be a surprise if it didn't happen, no matter who the case involved, big or small, famous or not famous, precedent-setting or non-precedent setting. It is part of the normal legal process." Thanks, everyone!
Apple and Psystar to settle things with alternative dispute resolution, not tridents and hatchets
As much as we were hoping to see Steve Jobs and... well, anyone from Psystar settle things in the squared circle, we suppose we'll have to live with a much more peaceful end to this madness. Rather than spending wads of cash on lawyers for no good reason, the two outfits have agreed to use alternative dispute resolution in order to wrap this scuffle up and move forward. As you may know, ADR is a private process where both parties meet outside of a trial in order to reach some sort of agreement, though we imagine the outcome will be pretty public depending on Psystar's ability / inability to continue fulfilling orders. We're told that the process will get going before February of 2009, and the full fling (PDF) with the US district court in the Northern District of California is linked below if you've suddenly found yourself with entirely too much free time.[Via The Mac Observer]
Apple asks for lawsuit dismissal with 'prejudice'
Apple is asking the judge presiding over the company's lawsuit against Psystar to dismiss the cloner's antitrust lawsuit "with prejudice." IGM notes that a motion to dismiss is a very normal part of the lawsuit process. Asking to dismiss "with prejudice" is a little more severe, but not necessarily uncommon, and if the motion is granted it would make it impossible for Psystar to re-file the case in the future. "Defendant Psystar Corporation is knowingly infringing Apple's copyrights and trademarks, and inducing others to do the same. ... In an obvious attempt to divert attention from its unlawful actions, Psystar asserts deeply flawed antitrust counterclaims designed to have this Court force Apple to license its software to Psystar, a direct competitor. The Court should reject Psystar's efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice," Apple's lawyers wrote in a court filing September 30. The next hearing in the trial is schedule for November 6, when judge William Alsup will hear the motion for dismissal. [Via ZDNet and MacsimumNews.]
Psystar countersues Apple
The Psystar saga continues. Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X preinstalled. In June, they released rack-mount servers with Leopard Server preinstalled in both 1U (starting $1599) and 2U (starting $1999) configurations. Last July, the inevitable happened and Apple filed a lawsuit against Psystar citing copyright infringement, and demanded that they recall all machines. Psystar responded by acquiring legal representation from Carr & Ferrell, who previously settled with Apple in another case. Still with us? Good. This week, Psystar seems to be preparing to countersue Apple, citing anticompetitive business practices. Specifically, the suit alleges that Apple's practice of restricting OS X to Apple hardware is "...an anticompetitive restraint of trade."We think that's a stretch, but this story sure is fun to follow. We'll keep you updated as soon as anything changes. If you want a claim-by-claim breakdown of Apple's suit against Psystar, check out Nilay Patel's full accounting over at Engadget.[Via Electronista]
Psystar to countersue Apple for antitrust violations, will ask court to declare Leopard EULA void
Wannabe Mac cloners Psystar hired itself some hotshot lawyers to defend against Apple's lawsuit, and they're not wasting any time earning their fees -- as Psystar's hinted in the past, it's going to countersue Apple for antitrust violations and ask that the court declare the Leopard EULA void. That's a pretty longshot argument, especially since EULAs have traditionally been upheld in California and Florida and we find it hard to believe a court would find a company with ten percent marketshare to be abusing a monopoly position, but we'll see how everything goes down -- this one is going to have some fireworks for sure.
Open Tech is up for sale
Just as quickly as Open Tech opened up, the Mac clone creator has decided to put itself up for sale. Of course, we're not sure who would buy a company that could be sued at anytime by the Mothership.Open Tech has information about the sale on their website. For just $50,000 (payable via PayPal, oddly enough), you will receive the following: Open Tech name Open Tech website Trade secrets (as in secrets to ripping off Apple) Press contacts (are they selling the actual people?) 2 Open Tech machines with the OS of your choice This information comes on the heels of Mac clone maker Psystar being sued by Apple for copyright infringement among other things. So, if you are looking to buy a company with built-in legal trouble, Open Tech looks like it could be a good scam deal.[via MacNN]
Open Tech selling self for $50k. That went well.
We were naturally overjoyed to see another "clone" manufacturer crop up, peddling OS X "compatibility" with none of the actual pre-installed-ness that made Psystar notable, so it's with a heavy heart that we bid adieu to Open Tech. The company has put itself up for sale, including its considerable "trade secrets," and can be yours for the low-low-price of 50 grand. Almost as bad a deal as its computers.[Via Gadget Lab]
Psystar says it is "definitely still shipping" its Mac clones
It looks like Psystar isn't about to let a little lawsuit stop it from selling its noise-ridden, OSX-running computers, with the company now saying that it is "definitely still shipping" its Mac clones, and that it also is making its restore utilities that "enhance the computing experience" available to its customers at no extra cost. As Information Week reports, the company also recently enlisted Palo Alto-based law firm Carr & Ferrell to help it out with its current predicament. As those that follow such things may recall, they've actually tussled with Apple before, and coaxed out a settlement.
Psystar fights back, hires attorney
The Apple vs. Psystar battle continues to heat up as Psystar has hired a "well-known" attorney to handle the case. Attorneys at Carr & Ferrell (who won settled the 2006 burst.com lawsuit against Apple) have filled for an extension to the suit, which gives Psystar until August 18th to make a reply to Apple. Both Apple and Psystar agreed to the extension. You may recall that Apple filed the lawsuit in a California court earlier this month, and later demanded that Psystar issue a recall for the Mac clones. When Apple filed the suit, they claimed that Psystar had violated their license agreement and committed copyright infringement by shipping "hackintosh" PCs with Mac OS X 10.5 Leopard.[via ComputerWorld]
Open Tech's "Mac clone" demonstrates a firm misunderstanding of the law
We don't suppose there's any friendlier way to put this: Open Tech Inc. is setting itself up for an Apple lawsuit, without any of the nice "product people will want to buy" stuff to balance out the equation. See, Open Tech thinks you're an idiot, and that you'll buy one of their "open computers" that can run (gasp!) OS X, XP, Vista or Ubuntu -- just like almost every other PC on the market today. We're guessing they figure that as long as they aren't loading OS X onto the computer themselves, they won't have any trouble from Apple, but that's where they go wrong. In addition to the EULA and copyright allegations, Apple's complaint against Psystar has claims for inducing copyright infringement and infringing on Apple trademarks by advertising non-Apple machines as compatible with OS X which is exactly Open Tech's ploy here. Mix that in with some crappy specs, an August-ish launch timeframe and no pricepoints to speak of, and you have one of the least desirable computers known to man. And hopefully a fun lawsuit for us to enjoy.
Apple demands Psystar recall Mac clones
We noted yesterday that the Mac clone maker, Psystar, was sued by Apple for copyright infringement, among other things. According to a recent ZDNet post, Apple wants Psystar to recall all of the Mac clones sold since April. "Psystar's actions have been committed with intent to damage Apple and to confuse and deceive the public," Apple claims. "As a direct and proximate result of Psystar's infringing conduct, Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial," Apple notes. I really don't see how Psystar will be able to recover all of the Mac clones sold since April. But, if you bought one, would you send it back? I certainly wouldn't. Engadget, our sister blog, is also looking deeply into this high-profile lawsuit. They take a look at what each allegation means for both Apple and Psystar.
Apple's lawsuit against Psystar examined
So we just got our hands on the complaint Apple filed against Psystar for building off-label Mac clones, and as expected, Steve and friends aren't pulling any punches -- in addition to the eight total claims, request for a permanent injunction, and money damages, Apple wants a recall of every Psystar machine ever sold. That's harsh, but it's not like Apple to take this lightly. Like we've been saying all along, the suit is more about copyright infringement than EULA violations, since Psystar was distributing a modified version of Apple's copyrighted code outside the terms of the EULA. Grab the complaint here [PDF], and then head after the break for a quick breakdown of what Apple says Psystar is liable for.PS. - Somewhat charmingly, we're quoted in the factual allegations section as calling the Psystar machine we reviewed "crazy loud" -- aww, you shouldn't have, guys. Maybe you want to throw in a citation next time, though? Just a thought.
Apple sues Psystar for license violations, copyright infringement
Like we didn't see this one coming: Apple is suing Psystar for copyright infringement. Psystar is the interesting little startup Mac-clone maker who allowed Mac OS X to run on their systems without the consent of Apple. In its license agreement, you are not allowed to run Mac OS X on any non-Apple hardware. Apple filed the complaint in a federal district court in California saying that Psystar violated its shrink-wrap license and trademarks. Apple is also alleging copyright infringement. In recent months, Psystar had begun cloning Mac OS X servers, which definitely made us feel a little uneasy about this small company.[via Engadget]
Apple files suit against Psystar for copyright infringement, mellow-harshing
C'mon now -- you saw this one coming down the road, didn't you? Apple has officially taken legal action against Mac clone-maker Psystar, according to court documents. On July 3rd, the Cupertino giant filed suit in the federal district court of northern California alleging violations against its shrink wrap license, trademarks, and copyright infringement. Clearly this doesn't look real promising for the Florida-based cloner, but we're confident they'll handle this situation with the tact and aplomb we've come to expect from them. Which is none.Read - Confirmed: Apple files suit against PsystarRead - Apple goes after clone maker Psystar[Thanks, ginger.al]
