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psystar

Psystar countersues Apple on antitrust grounds

Mac clone maker Psystar officially responded to Apple's copyright infringement lawsuit on Thursday by filing a countersuit that alleges anticompetitive business practices.

As expected, the 54-page complaint, filed in U.S. District Court for the Northern District of California, charges Apple with restraint of trade, unfair competition, and other violations of antitrust law. Miami-based Psystar, owned by Rudy Pedraza, requests that the court find Apple's end-user license agreements (EULA) void and seeks unspecified compensatory and punitive damages.

"The present litigation is more complex than the misinformed and mischaracterized allegations of copyright infringement," attorney Colby Springer, of … Read more

CNET News Daily Podcast: IE 8 beta gets good early review

The second public beta of Microsoft's Internet Explorer 8 is out, and according to CNET's Robert Vamosi, it just might give other mainstream browsers a run for their money.

The iPhone OS 2.0.2 software: To upgrade or not to upgrade? Two stories this week might give iPhone owners pause. First, RoughlyDrafted Magazine writes that a source inside AT&T suspects reception problems plaguing many iPhone 3G users are based on faulty power-control software inside the phone. The 2.0.2 update was intended to fix this problem, according to the source, and the more people … Read more

EIC Squared: Psystar vs. Apple, Cisco vs. Microsoft, Dell's cloud

On this week's EIC Squared podcast, ZDNet's Larry Dignan and I discuss the legal tussle between Apple and the Mac cloner, Psystar.

This week, Psystar sued Apple on antitrust grounds. Psystar execs said they just want to make the Mac OS "more accessible" by offering it on cheaper hardware than what Apple provides. It's hard not to imagine Apple fighting this one to the bitter end and Psystar getting crushed in a lengthy litigation.

Another battle is brewing with Cisco Systems adding e-mail and calendaring to its on-demand, collaborative software platform with the acquisition of PostPath. … Read more

Buzz Out Loud 797: The superbug of piracy

Today's BOL Theory of the Day: the RIAA's constant crackdown on sites and services that ought to be fair use is creating cockroach-like, drug-resistant strains...like Opentape. Also, we reveal the Internet's biggest security hole, an iPhone ad is banned, and an iPhone app is banned (Apple only did the second one). Listen now: Download today's podcast EPISODE 797

Google tests custom highlights, comments in search http://tech.slashdot.org/tech/08/08/27/1531241.shtml

Revealed: The Internet’s biggest security hole http://blog.wired.com/27bstroke6/2008/08/revealed-the-in.html

Computer viruses make it … Read more

Psystar responds to Apple suit, will countersue

PALO ALTO, Calif.--Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anticompetitive business practices.

Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying 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 find … Read more

Psystar placing its trust in antitrust

Lawyers for Mac clone maker Psystar have confirmed they have hired the A-Team in order to battle Apple.

That's "A" as in antitrust, according to Computerworld. Psystar has retained Carr and Ferrell to fend off an Apple lawsuit over the Open Computer, and one lawyer for the firm sought to shift the focus away from copyright and trademark violations to software licensing agreements, or EULAs, and antitrust concerns.

If you've been paying attention to the Psystar saga, this shouldn't come as a surprise. Legal experts interviewed months ago told us that Psystar really has little … Read more

EIC Squared: Psystar on the firing line with Apple, etc.

I finally made it to the big time and got to fill in for the vacationing Dan Farber on the EIC Squared podcast. Check out my conversation with ZDNet Editor-in-Chief Larry Dignan as we riff on the circumstances surrounding Apple's legal tiff with Mac clone maker Psystar, as well as Intel's surprisingly strong quarterly earnings. Also, I recently got back from a visit to Israel's high-tech community. Take a listen.

Apple must win its case against Psystar -- or else

In a move that everyone was waiting for, Apple has finally sued Psystar for violating its copyright and has asked for the company's profits and a recall of all orders.

"As alleged more fully below, by misappropriating Apple's proprietary software and intellectual property for its own use, Psystar's actions harm consumers by selling to them a poor product that is advertised and promoted in a manner that falsely and unfairly implies an affiliation with Apple," Apple's suit claims. "Psystar's actions also have caused, and are causing, harm to Apple and constitute a misuse of Apple's intellectual property."

Everyone knew Apple would eventually make a move against Psystar, but I'm not too sure anyone thought the suit would feature the kind of saber rattling it does. That said, it's the smart move and one that Apple must make if it wants to get away from anything of the sort happening again.

But if it doesn't use its head and try to force Psystar to its demise, Apple will open a can of worms that it may not be able to handle so easily.… Read more

Apple suit: Psystar's Mac clones must be recalled

Apple's list of grievances against Mac clone maker Psystar spans 16 pages, but, in the end, its argument boils down to the one expected. Psystar, Apple says, had no right to do what it did, and should be stopped and forced to pay.

In its lawsuit, a copy of which was seen by CNET News courtesy of our colleagues at ZDNet, Apple alleges copyright infringement, inducement of copyright infringement, trademark infringement, as well as a couple of other legal claims. It seeks any profits earned by Psystar from its Open Computer, triple damages for willful acts, a permanent injunction … Read more

Apple sues clone maker Psystar

Updated at 9 a.m. PDT with comment from Apple, at 9:45 a.m. with more background on Psystar, and at 11 a.m. with details from the suit.

Apple has sued Psystar, the company that for months has been selling the Open Computer, a Mac clone.

The suit was filed July 3 in U.S. District Court in Northern California. Although the action is listed in the federal court's electronic filing system, the complaint itself is not available.

Thanks to some shoe leather on the part of our ZDNet colleagues, we have a copy of the suit, … Read more