Psystar’s Counterclaim Lawsuit – Tying Contract and Injury

mac

2 weeks ago, we visited the website of Mac clone computer retailer Psystar Corporation, which Apple, Inc. sued for copyright infringement several months ago. Psystar had an empty web page titled Psystar Corporation – Latest – Litigation under Company on the side bar. Since then, this page has been updated, providing visitors with a downloadable PDF file of their counterclaim lawsuit document against Apple. (See Screenshot 01-2.)

Psystar Mac Open Computer counter lawsuit
Screenshot 01- Source: Psystar
Psystar Mac Open Computer counter lawsuit
Screenshot 02- Source: Psystar
Psystar Mac Open Computer counter lawsuit
Screenshot 03- Source: Psystar

In this 54-page document, Psystar and its legal team repeatedly argue that Apple ties software contracts to selling hardware contracts. For example, we read at Page 26

… APPLE’s illegal tying of the Mac OS to Apple-Labeled Computer Hardware Systems…

Interestingly, this document says that Psystar is aware that Apple only licenses the use of Mac OS for ‘Apple-labeled hardware.’ But it says

… PSYSTAR is without information or knowledge as to what this otherwise value and ambiguous terminology (i.e., Apple-labeled hardware) refers. (Refer to Page 7.)

, which also sounds like a vague argument.  Continue reading