Feeds

Judge dismisses Hackintosh maker's anti-Apple lawsuit

Setback for Psystar

The Power of One Brief: Top reasons to choose HP BladeSystem

Apple has successfully had the lawsuit brought against it by Hackintosh system builder Psystar thrown out of court - at least until its opponent can come up with a better case.

So said California District Court Judge William Alsup yesterday in response to the Mac maker's request that Psystar's lawsuit - filed in response to legal action mounted by Apple - be dismissed.

Psystar's lawyers had argued in the countersuit that Apple was engaged in anti-competitive behaviour by restricting in its end-user licence agreement how Mac OS X may be used. Apple is, they argued, abusing a monopoly position.

Not so, said the judge, who agreed with Apple's statement that no market can be defined by a single brand - you can't reasonably claim Honda, say, has a monopoly on Civic cars. It may be the only company making Civics, but the boundaries of the market are defined by its manufacture not of Civics but of cars, and by that definition it's not a monopoly.

Likewise, Apple has neither a monopoly on personal computer hardware nor on personal computer operating systems.

Judge Alsup did give Psystar the opportunity to provide a counter-argument, which it must file by Monday, 8 December.

Apple sued Psystar in July, after the smaller company began selling PCs and bundled copies of Mac OS X plus the software tools needed to run the non-Mac hardware. Apple said its EULA expressly forbids such installations - colloquially known as Hackintoshes.

Back in April, not long after Psystar began offering its clones, it was lambasted by one of the developers of the code needed to get OS X to run on a generic PC for violating the terms of his licence, which forbids the commercial use of his software.

Application security programs and practises

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
Apple orders huge MOUNTAIN of 80 MILLION 'Air' iPhone 6s
Bigger, harder trouser bulges foretold for fanbois
Microsoft confirms secret Surface will never see the light of day
Microsoft's form 8-K records decision 'not to ship a new form factor'
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.