Psystar counterclaim suit against Apple thrown out

Nov 19, 2008
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Psystar counterclaim suit against Apple thrown out

Bad news if you thought that Psystar's counterclaims suit against Apple might see OS X opened up to all and sundry.  A California judge has dismissed the suit, paving the way for Psystar's retaliatory defence to Apple's initial lawsuit being thrown out of court unless they can better substantiate their claims.  Apple sued Psystar in July 2008, over the company's range of computers running a hacked version of OS X; Psystar promptly filed a counterclaim that Apple was violating antitrust laws by preventing other companies from producing OS X-based machines.

However Judge William Alsup disagreed with Psystar, finding their arguments to be not only insufficiently evidenced but, in some cases, contradictory.  For instance, Psystar had claimed that OS X was different enough from other operating systems to be rightly considered a single-product market; however, not only was their justification lacking, their own suggestion that Apple aggressively market OS X as an improvement over, say, Windows, highlighted the fact that the two products occupied the same market.

Psystar now have until December 8th to produce further evidence, else their claims will be dismissed "without leave to amend".  That paves the way for Apple's notorious legal team to pursue their original complaints against the company.

[via Apple Insider]


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