Psystar Still Fighting

Aron Schatz
February 9, 2009

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The legal battle between the Mac clone maker and Apple continues. Psystay has some legal means to continue the fight. Apple has deeper pockets, so they'll win based on passed performance of the American legal system.


Psystar, in its amended complaint, accuses Apple of copyright misuse, as well as unfair competition violations based on its alleged copyright misuse. Judge Alsup, in citing a previous case--Practice Management Information Corp v. American Medical Association--notes in his order:
Copyright misuse does not invalidate a copyright, but precludes its enforcement during the period of misuse." Practice Management, 121 F.3d at 520 n.9. Moreover, "a defendant in a copyright infringement suit need not prove an antitrust violation to prevail on a copyright misuse defense." Id. at 521.
While Judge Alsup found in Psystar's favor by allowing the company to continue its counterclaim with a misuse of copyright argument, the Mac clone maker failed to win on all of its arguments. He denied Psystar's motion to amend its claim that Apple's conduct with respect to its intellectual property is "unfair," threatening or harming competition.



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