In the ongoing litigation between Psystar and Apple, the Mac clone manufacturer have claimed Apple failed to file for copyright protection of OS X, and as such are “prohibited from bringing action”. The argument was submitted last week, as part of Psystar’s defence against Apple’s charge of copyright infringement; it follows Psystar’s counterclaim suit against the company being thrown out of court last month.
“[Apple] is prohibited from bringing action against Psystar for the alleged infringement of one or more of the plaintiff’s copyrights for failure to register said copyrights with the copyright office as required” Carr and Ferrell, Psystar’s legal representation
Psystar has also accused Apple of installing “stealthware” to check systems for hardware origin before OS X will run. Their claims that Apple will be “prohibited” from seeking any injunction, however, seemingly ignores the Berne Convention which outlines the limitations of copyright law protection if a company has failed to secure it officially; however, a quick check of the US copyright database shows Apple’s original OS X registration.
The response has added further fuel to the rumors that Psystar – and their legal case – is being secretly funded by a big-name PC manufacturer who wants to see OS X opened up to non-Apple systems. Apple themselves have suggested this could be the case, but so far no specific company has been named.