Psystar’s legal standing is by no means clear cut. The last we heard, Apple was awarded the right to dismiss Pystar’s counterclaims, which were based around anti-trust violations. However, now it seems that Psystar will in fact be allowed to make its next legal move while at the same time attempting to slam Apple with misusing copyrights and creating an unfair and unbalanced marketplace. Apple has in fact responded to such claims in the past, all but negating Psystar’s arguments.

In response to Psystar’s argument, Apple’s argument made clear of the fact that a “market comprised of a single brand of a product is neither legally nor factually plausible.” Judge William Alsup agreed, “Whether products are part of the same or different markets under antitrust law depends on whether consumers view those products as reasonable substitutes for each other and would switch among them in response to changes in relative prices,” he wrote. “The counterclaim itself explains that Mac OS performs the same functions as other operating systems,” he wrote. “The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition.” — “Psystar also points to Apple’s extensive advertising campaigns,” he continued.

Even though Judge Alsup sides with Apple in their ability to file for dismissal. He disagrees with Apple’s claims that “copyright misuse” cannot be used as a counterclaim. Apple is saying that copyright misuse can only be used in defense. In the new court filing Alsup wrote, “This order is unconvinced, however, that misuse may never be asserted as a counterclaim for declaratory relief…” — “PsyStar may well have a legitimate interest in establishing misuse independent of Apple’s claim against it, for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop.”

While the internal logistics of Psystar’s claims remain a mystery, Judge Alsup has asked both companies to be prepared for a trial, which set to begin on November 9th. Psystar continues to sell its products unaffected by the potential legal repercussion.

Perhaps even more interesting is the emergence of another new Mac cloner going by the name of PearC (did they have to pick another type of fruit?). As ArsTechnica points out, there seems to be a bit of cloudiness around the EULA (End User License Agreement) in Germany.

Since the EULA is inside the box and users can’t see it, the argument will be that the parts about not installing OS X on non-Apple hardware are void. Even if that’s true, though, the legality would likely only apply to Germany, so everyone else would be out of luck.

Apple will most likely not take on each one of these Mac cloners that popup. However, keeping Mac OS X proprietary and making sure that others are not able to install and sell the system is extremely critical for Apple. As Psystar seems to be the biggest cloner around at the moment, Apple has entered a legal tango with them. The results of this lawsuit will most likely cast a shadow on what to expect from other Mac cloners out there.

Related posts:

1. Apple Awarded Motion to Dismiss Pystar’s Counterclaims
2. Psystar to Countersue Apple; And the Drama Continues
3. Apple and Psystar: Set to Argue Motion Before Judge on Nov.6

Make sure to catch the “Global Limited Initial Publication Super-Mini Edition iPhone” imprint on the back of the device. The size though, when compared to a standard credit card would definitely catch on with consumers.

Keeping Cupertino on their toes with this dazzling new User Interface. Look at that sexy pixelation! Those horizontal and vertical puke colored bars are gorgeous! And the colorless white icons! Does it get any better?

They’ve even thought of the ladies too! A pink version is available as well.

On a serious note, an Apple iPhone nano has been rumored for some time now. If Apple were to unveil a similar device (size, weight, lower-price), I would imagine it would be a hit with consumers.

Related posts:

1. Leaked Mac Mini Image Emerges, Shows Five USB Ports
2. Leaked Spyshot of Mac mini Packaging
3. New Mac Mini to be Announced on January 5th, 2009, Kick-Off Macworld?

Back in April 2008, Psystar unveiled a line of Mac clones. After having their products on the market for more than two months, Apple finally responded by filing a lawsuit against Psystar. Through the remainder of 2008, we would here about the ongoing battle between Apple and Psystar.

First, Psystar hired a known legal firm to battle Apple’s hounds. Then, Psystar’s lawyers started hinting at bringing up antitrust issues. Next, Psystar claimed Apple was illegally destroying competition in the marketplace. Apple then moved to dismiss Psystar’s claims, and both parties agreed to enter an “Alternative Dispute Resolution.”

Through October 2008, Psystar continued to advertise and even started shipping their “Open Computer” Mac clones. After pondering the results of an unexpected outcome, Apple was finally awarded the motion to dismiss Psystar’s counterclaims. Most recently, Apple has suggested a larger conspiracy behind the entire Psystar ordeal, with which we are doing extensive research on the background of the legal parties involved.

An Engadget reader first spotted the Mac cloner, and they explain the specs.

Selling for $990 (or $1,330 with an LG 19-inch monitor), the base unit ships with 2GB memory, 320GB storage, and a 256MB ATI Radeon HD PRO. If you’ve got deep pockets, $1,710 will get you the OpeniMacPRO, a 3.0GHz machine with a 20-inch widescreen monitor and 4GB RAM.

The entire scenario has given the Argentinean Mac clone company enough gall to try and sell an “OpeniMac” with Apple’s proprietary OS X pre-installed. Not necessarily the best timing as Apple is seemingly blowing the doors off the Psystar case.

Related posts:

1. Apple and Psystar: Set to Argue Motion Before Judge on Nov.6
2. Apple Moves to Dismiss Psystar Counterclaim
3. Apple Awarded Motion to Dismiss Pystar’s Counterclaims

The drama between Apple and Psystar began earlier this year when the mac cloner started selling machines with a hacked version of Apple’s proprietary OS X installed on them. Apple sued the cloners stating that they were violating its copyright and trademark laws.

In a 19-page order passed down on Tuesday, Judge William Alsup largely reject Psystar’s claims and granted Apple’s motion to have the countersuit thrown out of court should the clone maker not better its argument through an amended complaint that can be filed no later than Monday December 8th. Should the company fail to do so, all of its claims will be dismissed without leave to amend.

Central to Psystar’s complaint was that Apple’s Mac OS X operating system is not reasonably interchangeable with other operating systems such as Microsoft Windows and therefore comprises its own distinct market. The clone maker alleged that Apple has engaged in various forms of anti-competitive conduct in order to “protect its valuable monopoly in the Mac OS market” and that it has also run advertising campaigns to help define the Mac OS as a product separate and distinct from other operating systems, AppleInsider explains.

In response to Psystar’s argument, Apple’s argument made clear of the fact that a “market comprised of a single brand of a product is neither legally nor factually plausible.” Judge William Alsup agreed, “Whether products are part of the same or different markets under antitrust law depends on whether consumers view those products as reasonable substitutes for each other and would switch among them in response to changes in relative prices,” he wrote. “The counterclaim itself explains that Mac OS performs the same functions as other operating systems,” he wrote. “The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition.” — “Psystar also points to Apple’s extensive advertising campaigns,” he continued.

“Those advertising campaigns more plausibly support an inference contrary to that asserted in the counterclaim — vigorous advertising is a sign of competition, not a lack thereof. If Mac OS simply had no reasonable substitute, Apple’s vigorous advertising would be wasted money. The advertising campaigns suggest a need to enhance brand recognition and lure consumers from a competitor.”

“Apple asks its customers to purchase Mac OS knowing that it is to be used only with Apple computers,” he wrote. “It is certainly entitled to do so.”

“For the above-stated reasons, Psystar’s claim that Mac OS-compatible computer hardware systems constitute a distinct submarket or aftermarket contravenes the pertinent legal standards, and Apple’s motion to dismiss Psystar’s federal counterclaims is therefore granted,” he wrote.

The primary case between Apple and Psystar over the products they are selling is still pending.

[AppleInsider]

Related posts:

1. Apple Moves to Dismiss Psystar Counterclaim
2. New German Mac Cloner Emerges As Psystar Battle Continues
3. Apple and Psystar: Set to Argue Motion Before Judge on Nov.6

As Gizmodo explains, we still don’t know if these things are one-time hacks, or if they’re officially being sold by someone overseas. But the specs are impressive and the tininess is enough to make most gadget lovers lust, if only for a brief moment. Check out the full flickr gallery (well worth it), here.

Feature List:
MSI U100 MacBook Nano
Windows XP Pro + Mac OS X 10.5.5
Intel Atom N270 1.6GHz
2G DDRII
10″ WSVGA LED (1024×600)
320GB SATA
1kg
MMC/SD/MS 4
Windows XP Pro + Mac OSX Leopard

Related posts:

1. Apple Quietly Updates White, Entry-Level Macbook Specs
2. More Evidence of iPhone Nano Leaked Through Case Manufacturer
3. Custom Macbook Air Chip Could be Used by Apple Competitors. Who Cares?

Since Apple has first launched the iPhone, we’ve seen a slew of clones hit the shelves. Most of the time, they aren’t good for anything more than a chuckle. But us be darned if the photos (and video) below doesn’t demand a second take.

The phone is on sale in China for the equivalent price of $200. It uses a 3.2″ screen, and has expandable memory up to 8GB (though which format is unconfirmed). It supports MP3, MP4, AMR files and “more.” Video playback is also supported, although all menus are in Chinese. Additionally, the clone shows an attempt at a touch interface, and a gyroscope (accelerometer) will tilt the screen 90 degrees when tilting the phone horizontally. Swiping through photos with one finger “similar” to the iPhone is also there.

The video below is a run through of the Wang TouchCool orange F4’s interface.

[Engadget via Electronista]

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1. [photos] iPhone 3G; Up Close and Personal
2. Functional iControlPad Gaming Prototype In Action (Video)
3. Full Video: Nokia Markets Another Device as “iPhone Killer” to Attract Attention