Wednesday, August 27, 2008

Psystar Plans Countersuit Against Apple

One day after fellow clone maker Open Tech put itself up for sale at the bargain-basement price of $50K, Psystar indicated it would respond to Apple's lawsuit with its own countersuit, alleging that Apple engages in anticompetitive business practices.

Psystar says that Apple's tying of the Mac OS to Apple-labeled hardware is "an anticompetitive restrain of trade," according to attorney Colby Springer of antitrust specialists Carr & Ferrell. Psystar is requesting that the court void Apple's EULA, and is asking for unspecified damages.

Apple's EULA says:
"You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so."
which is a pretty straight-forward and simple statement.

While many looked askance at this company when it first emerged, since then it has shipped computers and reviews of them have even been done, showing the Open Computer to be a decent, not great, but definitely cheaper alternative to Apple hardware.

Apple has 30 days to respond to Psystar's countersuit, but is typically reticent so far.



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