Original URL: http://www.theregister.co.uk/2008/10/02/apple_psystar_dismissal/

Apple ups the ante in Psystar battle

Attack on the Cloners

By John Oates

Posted in Hardware, 2nd October 2008 09:05 GMT

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. ®