Feeds

Apple swings DMCA at Hackintosh maker

Copyright one-two punch

  • alert
  • submit to reddit

The essential guide to IT transformation

Just two weeks after US District Judge William Alsup threw out wannabe Mac-clone vendor Psystar's countersuit against Apple, the One True Mac-Maker has un-holstered another weapon in its campaign to crush the Florida-based upstart.

It was revealed today that Apple has amended its complaint against Psystar, first filed back on July 3, to include the accusation that the now-reeling clonemaker is in violation of the Digital Millennium Copyright Act. As reported by Computerworld, Apple's amended complaint asserts that "Defendant has illegally circumvented Apple's technological copyright-protection measures" and implemented code that "avoids, bypasses, removes, descrambles, decrypts, deactivates or impairs a technological protection measure without Apple's authority for the purpose of gaining unauthorized access to Apple's copyrighted works."

In layman's terms, Apple is now not only accusing Psystar of violating Mac OS X Leopard's EULA, but also asserting that the cloners - in cahoots with mysterious third-party "John Does" according to Apple - are doing so by hacking Apple's copyrighted software-protection schemes.

The Leopard EULA argument seems strong enough on its own, especially after Alsup issued his decision against Psystar's claim that Apple was an illegal monopoly. After all, what part of "This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so" did Psystar not understand?

The amended complaint, however, adds more muscle to the mix and folds yet another wrinkle into a saga that began in April of this year when Psystar announced its OpenMac clone (hastily renamed Open to avoid trademark violations and then joined by a higher-powered version dubbed the OpenPro). Since then, the two companies' lawyers have bobbed and weaved like a pair of pugilists, suing, countersuing, and filing motion after motion in attempts to bolter their claims.

If the Apple/Psystar brawl were a prizefight, however, the referee would now step in and stop the mayhem before Psystar suffers terminal brain damage. Apparently, Apple intends to keep pounding away, if only to send a message to anyone else who might think of marketing a hackintosh that doing so might very well result in their lifeless bodies being carried from the legal ring on a stretcher, a fate that's increasingly likely to befall Psystar.

Psystar now appears to be reeling a bit. For example, their website today offers Cyber Monday® specials for the Open and Open Pro, but when you click through to their offer pages, the deals are each identified as a "Black Friday Special." Apparently, the company can no longer tell what day it is. ®

Boost IT visibility and business value

More from The Register

next story
So, Apple won't sell cheap kit? Prepare the iOS garden wall WRECKING BALL
It can throw the low cost race if it looks to the cloud
Apple's iWatch? They cannae do it ... they don't have the POWER
Analyst predicts fanbois will have to wait until next year
AMD unveils 'single purpose' graphics card for PC gamers and NO ONE else
Chip maker claims the Radeon R9 285 is 'best in its class'
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Apple to build WORLD'S BIGGEST iStore in Dubai
It's not the size of your shiny-shiny...
Just in case? Unverified 'supersize me' iPhone 6 pics in sneak leak peek
Is bigger necessarily better for the fruity firm's flagship phone?
Steve Jobs had BETTER BALLS than Atari, says Apple mouse designer
Xerox? Pff, not even in the same league as His Jobsiness
prev story

Whitepapers

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.
5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?