In accordance with yesterday’s deadline, Apple has filed a 23 page motion to dismiss Mac clone maker Psystar’s counterclaim instead of filing a response.
Along with yesterday’s motion to dismiss Psystar’s counterclaim, Apple had also filed a request for Judicial Notice with Exhibits. It is speculated that these Exhibits will be riddled with copies of case law in their favor, or possibly affidavits from industry veterans.
Apple’s End User License Agreement states that the Mac OS can only be used in Apple branded hardware, a violation breached by Psystar who had been advertising a $400 PC that shipped with Leopard installed. Back in July, Apple had brought the Miami-based company to suit for trademark and copyright infringement, which Psystar had subsequently countered accusing Apple of violating anti-trust laws.
Psystar, who has retained the services of law firm Carr & Ferrell, had made the claim that that Apple illegally “destroys” competition, violated Sherman antitrust rules and other U.S. laws, as well as bricking Mac Clones. Psystar had argued in official court documents that state:
“The countersuit is in response to a copyright lawsuit that Apple filed against Psystar in July. Psystar sells low-cost knock offs of Apple’s pricey Macs—including models that run the glitzy new OS X 10.5 “Leopard” operating system. Apple, in its original complaint, claimed that the clones violate its copyrights over the Mac OS and asked the court to order Psystar to discontinue sales.
“The Mac OS and Windows operating system are not merely different operating systems with no interchangeability but cultural icons representative of different lifestyles, markets, and that the computing devices of each environment are used for wholly different audiences.”
MacBlogz had previously spoken with an Intellectual Properties Attorney who had provided some detail for the fine print of Apple End User License Agreement which ships with every copy of Mac OS X that is sold.
[9 to 5 via World of Apple]
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