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Is Apple really that “cold-hearted” to put Psystar out of
business by forcing it to recall all the computers sold and stop production?
Well, it depends on what point of view we’re analyzing from: Psystar was trying
to break what they called the Apple “monopoly” on the market, while Apple is
defending its intellectual property and its name.
As Carole Handler, partner in the intellectual property
department of Wildman, Harrold, Allen and Dixon, explained in an interview with
ComputerWorld,
it may be an extreme measure, but they certainly wouldn’t be the first to do it.
On the same note, Apple fears future rebounds, and it is in
its best interest to demand measures that not only put a stop to Psystar, but
also keeps other companies from trying the same method in order to make some
money on their expense.
Apple finally filed a lawsuit at the beginning of this month
against Psystar, complaining about the unauthorized use of its intellectual property,
as well as the commercialization of poor quality products that affect the Apple
brand.
The entire story started in April this year, when Psystar “fearlessly”
started selling Open Macs, later Open Computers, which were in fact cheaper
versions of Apple’s Mac Pro. Despite the large number of questions regarding
the company and its business, Psystar limited to complaining about Apple’s
monopoly.
Everyone eagerly expected Apple’s reaction at the time, as
Psystar continued to proudly sell its “Macs” with all the nonchalance in the
world. However, it wasn’t until recently that Apple decided to take the matter
to court, asking for full statutory damages for Psystar’s “willful” acts of
copyright infringement, an injunction against Psystar for the production and
distribution of Apple copyrighted materials, as well as the recall of all
products sold.
The questions surrounding the case are now whether Psystar
has enough arguments to fight Apple’s infringement copyright accusations, and
if the monopoly theory that they mentioned earlier in spring is solid enough to escape Apple's demands.
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