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The legal
issues between Apple Incorporated and Open Computer maker Psystar, which
arose a few moths ago, have been added a new twist recently, since the latter
has dropped its Clayton Act and Sherman Act antitrust claims against the former
company, taking the copyright-wise approach.
After Judge William Alsup ruled against the antitrust
complaints that Psystar had filed in court, the electronics maker now claims
that Apple abused copyright laws with regards to their Mac OS X End-User
License Agreement (EULA) and the Digital Millennium Copyright Act (DMCA).
In case the court rules that Apple has misused copyright where
the aforementioned are concerned, the company would be deterred from enforcing
their copyright, which translates as Psystar being allowed to continue using the
Mac OS X Leopard for their Mac
clones.
Court filings read that the OS X EULA states the operating
system can only be used with Apple hardware, so the Open Computer maker now alleges
that Apple has expanded their copyright since it sued Psystar for EULA
violation.
As for DMCA infringement, Psystar has stated that Apple went
far beyond the protection offered by the Act in their legal actions against
them.
On July 3 this year, Apple filed a lawsuit against Psystar
in the District Court of Northern California, while on August 28, Psystar Corporation counter-sued the
company for anti-competitive practices, monopolistic behavior and copyright
misuse.
The case
was dismissed by Judge Alsup on November 18.
A ruling following Psystar’s altered claims is scheduled for
January 2009.
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