Psystar Wins Something, Mac Clone War Continues
On Friday Psystar won a little. Judge Alsup has decided to allow Psystar's amendment consisting of copyright misuse claims against Apple will in court saying that, "Psystar may well have a legitimate interest in establishing misuse [of copyright] independent of Apple's claims against it -- for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop."
The court date is set to November 9th.
If Psystar is able to win in court and proves that Apple has been misusing its copyrights then Apple's copyright claims against Psystar would be null and void. As Judge Alsup said "Copyright misuse does not invalidate a copyright, but precludes its enforcement during the period of misuse." Practice Management, 121 F.3d at 520 n.9. Moreover, "a defendant in a copyright infringement suit need not prove an antitrust violation to prevail on a copyright misuse defense."
Id. at 521.
[via cnet and macworld]