$bbtitle
Apple Stock: 196.19 ( +2.07 )
RSS RSS Twitter Twitter
Search:
AppleInsider.com Archives News Bytes Reviews Anonymous Mailer Submit Story AppleInsider Forums Mac Prices Polls Advertise on AppleInsider Contact AppleInsider
Save over $268 on MacBook Pros and $150 on iMacs with special coupons: Mac Pricing Guide updated Feb. 9th (Find the best prices on Macs).
Wednesday, December 3, 2008

Expanded Apple lawsuit claims Psystar part of a larger plot

By Katie Marsal

Published: 08:35 PM EST

Now free of any countersuits, Apple has grown its lawsuit against Mac clone maker Psystar to accuse it of further violations and to claim that others have contributed to its breaking copyright law.

iPad hands-on preview
The amended suit, unearthed by Groklaw, primarily expands Apple's original complaint to assert that Psystar has violated the Digital Millennium Copyright Act by engineering its OpenComputer lineup to use Mac OS X despite measures intended to prevent the operating system from running on anything but Apple's own hardware.

it also charges the Florida-based clone builder with pushing buyers to commit copyright infringement, including violating the DMCA by circumventing Apple's restrictions in day to day use, and of violating Apple's trademark on the term SuperDrive used to describe the DVD burners in Macs.

But the most eyebrow-raising element remains the 18th paragraph, which explicitly states that Apple believes ten unknown people or companies -- each nicknamed "John Doe" -- have contributed on some level to the numerous violations named in the amended suit.

"On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint," the new section reads. "The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants’ true names and capacities when they are ascertained."

The statement is seen as uncharacteristic for Apple, which is throwing the full weight of both its legal team and its fact-finding resources behind a case against a comparatively small target. Erwan Hamon of Groklaw suggests not only that Apple may have reason to believe in a wider conspiracy but that Psystar's defiant posture may stem from the support of others behind the scenes.

While no direct clues have surfaced as to who if anyone might support Psystar, the company's Mac clones are known to be using pre-made, third-party code to bypass Apple's usual checks for official firmware during the Mac OS X Leopard installation process. The unofficial vendor's primary culpability is to perform the bootleg installations itself and market the systems as capable of running the Mac operating system despite Apple's licensing terms that forbid use on anything but its own computers.

Filed under : Mac OS X 101 Comments ] 
Story topics: lawsuits, Psystar   Print ] [ Story Link ] 



Mac Poker players can play Full Tilt Poker for Mac and get 100% to $600 free with bonus code MP600, courtesy of Online Poker Mac
AppleInsider Features
Hot Forum Topics

Recent Articles
Apple seen to extend exclusive iPhone deal with AT&T
iTunes price increases mean slower sales for music labels
Apple introduces 64-bit Aperture 3 with Faces and Places
Apple's share of U.S. smartphone market grows to 25% - study
iPhone OS 3.1.3 sees 14% adoption in 6 days, new hack released
Amazon rethinking Kindle in the wake of Apple iPad
Purported 4th gen Apple iPhone parts show largely unchanged design
Execs say Apple could lower iPad price if market demands it - report
Consumers lose interest in iPad after Apple's unveiling - survey
Higher Amazon e-book prices expected to coincide with iPad launch
Inside Apple's iPad: VGA video output
Unannounced Core i7 Apple MacBook Pro surfaces in benchmarks logs
Apple's new beta of Mac OS X 10.6.3 includes few changes
One in five physicians likely to purchase Apple iPad - study
Sling Media says it didn't change iPhone SlingPlayer to appease AT&T
Credit Suisse: 75% chance AT&T keeps iPhone exclusivity in 2010
Apple denying iPhone apps that use location framework for targeted ads
Apple's iPad deal gives Hachette pricing leverage against Amazon
Eccentric but effective Steve Jobs pitches iPad to NYT execs
Owners of flickering 27-inch iMacs claim 15% refund from Apple
IDC: Apple iPhone was No. 3 smartphone in 2009 with 14.4% of market
Future Apple iPhones could share current location during a call
AT&T, Sling Media partner to allow 3G access on iPhone SlingPlayer
Apple's iTunes Preview now offers browser-based App Store access
Amazon acquires touch-screen maker for future Kindle project
Nehalem Mac Pro systems suffer audio-based performance issues
Two new hires are Apple's latest moves in mobile advertising
AT&T outbid Verizon with cheaper Apple iPad data plans - rumor
Apple seen moving 2M iPads in 2010 before sales 'catalyst' emerges
Apple iPad deal pushes another publisher to renegotiate with Amazon
Apple allegedly selects new manufacturer for next-gen iPhone
ScrollMotion tapped by publishers to develop textbook apps for iPad
Apple denies iMac production halt as shipment times improve
Apple releases iPhone OS 3.1.3 with battery reporting fix
U.S. senator presses Apple on human rights practices in China
Photo of Apple's next-generation iPhone in the wild - sources
Despite sales growth, Apple's iPhone loses market share - report
Intel 6-core i7-powered Mac Pro rumored to launch this month
iPad photos show slot for forward-facing video camera
Apple releases 2nd potential fix for flickering 27-inch iMacs

 
Advertisements








AppleInsider RSS Feed
AppleInsider © 1997-2008
Please review our Privacy Policy.
Written/Edited/Compiled by the AppleInsider Staff.