Court Gives Psystar Second Chance To Prove Apple Misused Copyright



Mac clone maker Psystar won a rare legal victory as a court allowed the Florida-based company to resubmit an amended counterclaim to Apple. The ruling could also fuel similar defenses by other companies.

“Psystar may well have a legitimate interest in establishing misuse 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 wishes to develop,” U.S. District Court Judge William Alsup ruled Friday.

The decision was a defeat for Apple, which contended Psystar’s request to resubmit the argument “attempts to repackage” counterclaims dismissed in November of last year.

Although Alsup rejected Psystar’s antitrust claims against Apple, this latest decision permits the clone maker to pursue its claims that Apple misused its copyright by linking the OS X software with the Mac hardware.

Additionally, Alsup suggested if Psystar proved its misuse allegation, any finding in its favor could assist the defense of other clone makers that Apple might sue.

Along with Psystar, a number of companies have developed ways to create Mac clones, the most recent Germany-based HyperMegaNet, which sells PCs with the OS X operating system pre-installed, according to reports.

Psystar must submit a modified counterclaim and Apple must answer the charges within 20 days, the court ordered.

A November 9th trial date has been set for the lawsuit Apple brought against Psystar in July 2008.

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