Psystar Responds To Apple’s Suit And Countersues

26 08 2008

Mac clone-maker Psystar plans to file its answer to Apple’s copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anti-competitive business practices.

Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Anti-trust Act and the Clayton Anti-trust Act, saying Apple’s tying the Mac OS to Apple-labeled hardware is “an anticompetitive restrain of trade,” according to attorney Colby Springer of anti-trust specialists Carr & Ferrell. Psystar is requesting that the court find Apple’s EULA void, and is asking for unspecified damages.

Springer said they have not filed any suits with the Federal Trade Commission or any other government agencies.

The answer and countersuit will be filed Tuesday afternoon in federal court.

Pedraza was present at a press conference his lawyers called to present how the company will defend its its OpenComputer Mac clone, which has been for sale online since April.

Psystar’s attorneys are calling Apple’s allegations of Psystar’s copyright infringement “misinformed and mischaracterized.” Psystar argues that its OpenComputer product is shipped with a fully licensed, unmodified copy of Mac OS X, and that the company has simply “leveraged open source-licensed code including Apple’s OS” to enable a PC to run the Mac operating system.

Pedraza says he wants to make Apple’s Mac OS “more accessible” by offering it on less expensive hardware than Apple.

“My goal is to provide an alternative, not to free the Mac OS,” said Pedraza. “What we want to do is to provide an alternative, an option. … It’s not that people don’t want to use Mac OS, many people are open to the idea, but they’re not used to spending an exorbitant amount of money on something that is essentially generic hardware.”

Apple will have 30 days to respond to Pystar’s counter claim. In the meantime, Pedraza says it will be “business as usual” at company headquarters. Though he said there was a “slight” downward dip in sales once Apple filed its suit, he plans to go ahead with making servers, and soon, a mobile product, which he said will be “like a notebook,” but refused to offer more detail.


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