Psystar Drops Antitrust Against Apple

December 10th, 2008 at 12:00 am


After the court threw out Psystar’s counterclaim against Apple in their ongoing legal battle, Psystar has modified their counterclaim.

The Florida-based Open Computer maker which pre-installs Mac OS X on their machines is engaged in a legal battle against the Cupertino-based Mac maker.  The two companies have been bickering about the usage of Apple’s OS X on Psystar’s Open Computers.  Apple claims that Psystar is violating their copyright and of course Psystar claimed that the OS X’s EULA allows them to use the operating system.  In the first counterclaim of Psystar, they also stated that Apple was violating Antitrust laws, that however failed to convince the judge and they were given 20 days to revise teh counterclaim.

Today, Psystar filed their counterclaim and accordingly removed the antitrust allegation.  The altered response specifically omits the Clayton Act and Sherman Act antitrust claims of monopolistic abuse of copyright that had triggered Apple’s successful motion to dismiss in the fall. Psystar "respectfully disagrees" with the court’s interpretation of a monopolistic market but will abide by the earlier ruling for now.

However, the PC builder maintains that copyright is still at the heart of the issue. Psystar insists that Apple’s policies regarding Mac OS X are considered abuse under the legally recognized concept of a "misuse doctrine," which prevents copyright from being wielded to block competition outside of any officially sanctioned terms. [Apple Insider]

The counterclaim will be filed  on January 15th if given permission by a Northern District of California court judge.