HyperMegaNet UG, the maker of Germany’s PearPC Mac clone, voiced confidence it would win a copyright infringement case against Apple in European courts.
“We are not afraid of going to court with Apple,” a HyperMegaNet spokesman told Computerworld. The German company said they “are awaiting” contact from Apple’s legal eagles over its PC towers that come with Mac OS X pre-installed.
Germany’s laws invalidate Apple’s end user licensing agreement (EULA), according to the spokesperson, Dirk Bloessi.
The key is that Apple’s EULA appears only after the PearPC has been delivered and the clone switched on. “Restrictions made after buying a product are not valid,” Bloessi told the news site.
The statements follow word Florida-based Psystar has submitted an amended counter-claim to Apple’s initial copyright charges. Psystar alleges Apple’s Mac OS X EULA reaches too far by forbidding its OS on non-Apple hardware.
Apple is expected to reply to Psystar’s latest claims by November 9, when a trial is scheduled to start.
