Apple Finally Sues Unauthorized Clone Maker Psystar

July 15th, 2008 at 12:00 am

psystar logo

"Mac’s don’t usually have to come from Apple Inc."  This is exactly what a PC maker company called PsyStar banked on.  PsyStar has successfully cloned a Mac by having OSX run on a PC.  Their initial launch saw few resistance from Apple but has also had a small impact on the market.

However, Apple is now taking back what is theirs.  Cupertino-based Apple is suing OpenMac maker PsyStar.

Apple has not been vocal about these clones since they started  popping up a few months ago.

In our previous post about PsyStar, we detailed the machines they were selling including the installation of OSX on the OpenComputers / Open Macs / Mac Clones.

"The OpenMac tower PC included this set of hardware: 2.2GHz Core 2 Duo E4500 processor, 2GB of memory, integrated GMA 950 graphics, 250GB disk and 20x DVD burner.  For an additional $155, Psystar will install OS X.

However, licenses for the OSX has been a gray area which we all foresee Apple making it their own area. " 

In retrospect, our foresight was right on.

In the blog post that announced the lawsuit, Atty. Jorge Espinosa says, "Apple, Inc., manufacturer of the well known line of computers and software, filed suit on July 3 in the federal district court for the northern district of California against Florida company Psystar, Inc.   The suit alleges counts for violation of its shrink wrap license, trademark and copyright infringement.  Psystar has been manufacturing and selling a line of computers which sell pre-installed with Apple’s OSX operating system.  Apple’s shrink wrap license which comes with OSX specifically requires that the software be installed only on Apple branded computers.  Psystar has previously expressed defiance at claims that it might be violating Apple’s rights.  Statements that Apple’s license might violate US monopoly law have been attributed to Psystar employees."

Apple’s greivance spanned a whole 16-page document and ultimately in the end, they say that Psy Star violated the EULA of the OSX software and that PsyStar should recall all the Mac clones they sold and pay up.

The case is just starting but it’s simple to predict what happens.  If PsyStar wins, other Mac clones and Open Macs will bloom, else, if apple wins, PsyStar is going down the drain.