Apple Should Beware of Future Rebounds If Psystar Isn’t Stopped

In a move not at all surprising, Apple finally decided to sue Psystar, the Calif. Company that has been selling Mac clones like crazy, with no authorization from Apple and regardless of the raised eyebrows in the media when the entire story came to the public’s attention.

In the lawsuit, filed July 3rd, Apple accuses Psystar of violating the terms of its Software License Agreement regarding the use of Mac OS X software and Apple’s intellectual property, by selling a modified, unauthorized version of the Leopard operating system, namely the OpenMac, later changed to Open Computer.

Furthermore, Apple accuses Psystar of starting the commercialization of OpenServ 1100 and OpenServ 2400, both of which use the Mac OS X Leopard Server software, once again in violation of Apple’s Software License Agreement terms and intellectual property.

Among other things, Apple finds Psystar responsible for advertising and promoting products in manners that affect the Apple brand, by offering consumers poor quality products. Apple quoted some online comments of Open Computer users, who’ve complained about loud noises, inability to update the computer, lousy tech support and so on.

Those were the accusations, now here are Apple’s demands (which they’d better get, if they don’t want a precedent to be created): in the light of economic damages suffered by Apple and profits gained by Psystar, Apple wants full statutory damages for the defendant’s “willful acts” of copyright infringement, as well as an injunction against Psystar’s continuing production and distribution of Apple copyrighted materials and the recall of all products sold.

In April this year, the enigmatic company Psystar began offering for as little as $399 an OpenMac computer that ran OS X Leopard and was a cheaper version of Apple’s Mac Pro. After the Mac clone became the favorite subject of all newspapers and rumors about a legal matter with Apple started to appear, Psystar defended its actions by claiming Apple had created a monopoly and the matter should be settled in court (wish granted!)

The problem is however that if Psystar won’t get crushed in court, and we do mean crushed, Apple will probably have to deal with a lot of rebounds in the future, when others might also be tempted to bet on the same card in order to make an “honest” buck.