Apple ups the ante in Psystar battle
Attack on the Cloners
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Apple has filed to dismiss with prejudice clone-maker Psystar's monopoly complaints.
The two have been trading legal blows since July when Apple accused the company of infringing on its trademarks and copyrights. Hackintosh vendor Psystar offers machines capable of running OS X from as little as $555.
Psystar responded in August by filing Sherman Antitrust Act complaints against Apple, accusing it of restricting its ability to trade and illegally monopolising a market. It wants to force Apple to license its software to rival hardware makers.
Apple used to support several clone makers, but Steve Jobs ditched them when he returned to the firm in 1997.
In papers filed with the northern district court of California, Apple asks the court to dismiss Psystar's claims.
The document says: "Ignoring fundamental principles of antitrust law, and the realities of the marketplace, Psystar contends that Apple has unlawfully monopolized an alleged market that consists of only one product, the Macintosh computer."
The full motion is available via ZDNet here (PDF).
Apple rejects the claim that Mac products represent a market in legal terms - instead Macs compete with PCs from various different manufacturers, and therefore cannot be considered a monopoly.
The dismissal case will be heard 6 November in San Francisco. ®
COMMENTS
re: Car analogies?
Nope, you don't license. You buy it.
The "you've licensed this" is what the grabby little fuckers WANT people to believe.
But you pay for it as retail. It IS retail.
If it's licensed, where's by DVD version of my VHS movies? If it's licensed, where's the recovery of goods at production cost if my CD's are stolen or scratched?
See, it's only "licensed not bought" when they want it treated like a license. It's "Bought" when it suits them (e.g. "Buy now on DVD!" "Buy to own now!" or "No, you scratched it, you buy a new one").
re: Mercs again
There's no such thing as IP.
The rest of your message is right, but stop spreading the BS the monopolies and cartels are trying to get us to swallow.
THERE IS NO "IP".
There's copyright.
There's patent.
There's trade secret.
etc.
THERE IS NO "IP".
Car analogies?
Most car analogies don't work because you don't *license* cars, you buy them.
If you buy a Honda race engine for a Fireblade from HRC, you're not legally allowed to put it in a Yamaha chassis and race it. Why? Because that's the license and conditions you agree to on purchase/rental.
For better or worse, you're not buying an OS; you're licensing it.
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