Apple Asks Court for Recall of Psystar Mac Clones
Date : 16 Jul 2008 Category : Technology
NewsFactor NetworkThe Miami-based startup began shipping Apple clones to the public in April. Psystar's OpenMac was offered on the company's Web site for $399 -- a bit more than half the price for a similarly equipped Mac. On Wednesday, the company's Web site was still offering its Open Computer alternative with Mac OS X.
David vs. Goliath
Psystar's marketing of a Mac clone is the latest David to go against the Apple Goliath. At the heart of Apple's lawsuit is Psystar's installation of Mac X OS X Leopard on the company's clone. While there may be support on the street for a price-competitive Mac clone, the Mac OS X end-user licensing agreement (EULA) expressly states: "You agree not to install, use or run the Apple software on any non-Apple-labeled computer, or to enable others to do so."
How Psystar will fight a clear violation of the software agreement may have been hinted at early this week when an unidentified company employee asserted that the Apple EULA violates antitrust agreements. However, legal experts have noted that since Apple controls only seven or eight percent of the total desktop PC market, an antitrust charge would be hard to maintain.
Apple's lawsuit seeks unspecified monetary damages and the removal of Psystar clones from the marketplace. Whether this means purchasers of Psystar units will have to surrender their clones to the court is not clear.
The suit also charges trademark and copyright infringement. Both parties are scheduled for a case-management conference on Oct. 22, but some observers wonder...