Psystar Wins Something, Mac Clone War Continues

[Cody Overcash]

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]

[TheConqueror]

HAHAHA, Lol Apple, multi billion dollar company vs Psystar, a company who technically doesnt even exist (according to gizmodo)..

Do you know what kind of a lawyer you can get for that kind of money??

[gotjpeg]

go psystar go!

[EMH]

Wow. Cool for the people who don't want to attempt to install OS X on their PC, I guess. It's really not that hard... but of course, I haven't tried .

[Tylervalo]

What would be great is if Pystar win's the whole case, forcing Apple to port their OS to PC hardware. I say this as I type on my MSI Wind running OSX

[sziklassy]

HAHAHA, Lol Apple, multi billion dollar company vs Psystar, a company who technically doesnt even exist (according to gizmodo)..

Do you know what kind of a lawyer you can get for that kind of money??

It doesn;t really matter who Apple is up against, if Apple is breaking the law or misusing licenses they will lose... (well not in every case, but this is a fairly large/serious matter that many people are interested in)

[dr.stevil]

What would be great is if Pystar win's the whole case, forcing Apple to port their OS to PC hardware. I say this as I type on my MSI Wind running OSX

I'm not so sure that it will force them to do anything. I'd guess that they'd have to tighten up their EULA or just wouldn't be required to provide support to people running os on non-apple hardware (where they're at now).

I'm really interested to see where this will go. I have my money on apple (they have the big bucks) but would LOVE to see psystar win it. Technically, can't they just send a legal copy of OS to a customer a long with the PC, and let them install it? Thus avoiding any kind of legal problems? Not so sure how their customer support would work at that point though

[thetoothfairy]

I would love to see Psystar win it that is for sure.. but Apple is big and is and will be hard to beat.... this world is nothing but a lawsuit happy world anymore....

Wow. Cool for the people who don't want to attempt to install OS X on their PC, I guess. It's really not that hard... but of course, I haven't tried .

Here ya go check out this link....

http://www.modmyi.com/forums/macbook...book-mini.html

[Chase817]

Wow, Psystar is holding up pretty well...