Apple wins first battle in clone wars

Posted on 20 Nov 2008 at 10:28

Apple has struck the first blow in its legal tussle with Mac clone maker Psystar. A California court has granted Apple’s motion to dismiss Psystar’s counterclaim that accused Apple of restraint of trade, unfair competition and other violations of antitrust laws.

Psystar argued in its counterclaim that Apple operates an illegal monopoly in what it claims is an exclusive OS X market. But Judge William Alsup said that the counterclaim itself refutes the company’s own case.

“The counterclaim itself explains that Mac OS performs the same functions as other operating systems,” he wrote. “The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition.”

He added that Apple’s extensive advertising campaigns bear this out.

“Those advertising campaigns more plausibly support an inference contrary to that asserted in the counterclaim - vigorous advertising is a sign of competition, not a lack thereof. If Mac OS simply had no reasonable substitute, Apple’s vigorous advertising would be wasted money.”

Psystar issued its counterclaim in response to Apple’s original lawsuit of August this year. Apple is seeking to prevent Psystar from distributing its PCs with a hacked version of OS X.

Psystar now has until December 8 to file an amended counterclaim.

Author: Simon Aughton

Get more reviews, tutorials and in-depth advice, every month with Computer Shopper.
Click here to try 3 issues for £1

< Previous News : Software Next >

Be the first to comment on this article

You need to Login or Register to comment.