Apple acts to shut down Mac cloner

Posted on 16 Jul 2008 at 08:29

Apple has begun legal action against Mac clone builder Psystar, who hit the headlines in April with its $399 PCs running a hacked version Leopard.

Retaliation from Apple was to be expected, and on 3 July it duly filed a lawsuit alleging "violation of its shrink wrap license, trademark and copyright infringement".

Not only has Psystar ignored the End User Licence Agreement for Leopard, which states that the software has only been licensed for use on Apple hardware, it also modified that software, in breach of copyright, and used Apple trademarks on at least one occasion in its marketing material.

A US lawyers who specialises in intellectual property said Apple's case appears to be a "slam dunk".

"That they are selling Apple OS leaves them open for direct and contributory copyright infringement," Mark Goldstein said.

Apple is seeking a recall of all sold units, all profits earned from their sale, triple damages - since it claims Psystar is guilty of wilful rather than unintentional violations - and a permanent injunction against future sales.

Psystar was not available to comment.

Author: Simon Aughton

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