Mac cloner Psystar accuses Apple of anticompetitive practice

by Stevie Smith - Aug 27 2008, 13:00

While fellow Mac clone business Open Tech has this week raised a few industry eyebrows after putting itself up for sale barely a month after opening its doors for trade, Florida-based Psystar Ltd. is positioning itself for a stand-up fight with Apple Inc. regarding the illegal sale of budget computers pre-installed with the Mac OS X operating system.

With current reports suggesting Open Tech is looking to cut and run rather than suffer Apple’s legal ire for supplying computers with a “how to” installation kit for Mac OS X (amongst others), many have been surprised by Psystar’s decision to launch its own antitrust countersuit against Cupertino-based Apple Inc.

That surprise is rooted in Psystar openly selling value-priced computer systems equipped with Mac OS X out-of-the-box, which is in direct violation of the software’s end user license agreement (EULA), which states the OS can only be installed on Apple-branded hardware.

However, according to attorneys working for Psystar, the rules governing sale and installation outlined in that EULA amount to “anticompetitive tactics” on Apple’s part and illegally bind the sale of one product to another -- namely for the sole business benefit of Apple.

Psystar’s attorneys are also looking to attain potential legal favour by contending that Apple’s restrictions are not enforced by Microsoft Corp. through its Windows operating system or through open-source Linux software alternatives, all of which can be installed on hardware systems from a variety of manufacturers.

Announcing its intentions via a press conference held on Tuesday of this week, Psystar has indicated that it will soon file its official complaint against Apple, through which it will accuse the gadget and computer titan of engaging in unfair competition, attempting to create a monopoly, and other violations against U.S. antitrust laws.

Psystar has been gifted with the ravenous attentions of Apple’s legal jackals after openly selling its Mac OS X-equipped Open Computer (initially called the OpenMac) in April of this year.

Despite the swift brand name change to avoid Apple’s affront, Psystar was soon hit with a July 03 legal filing claiming that its desktop computers and servers violated Apple’s copyrights and trademarks. Psystar also used its Tuesday press conference to deny those allegations.

Apple has issued no formal comment concerning its complaint against Psystar or its pending countersuit.

Although Apple has demanded that Psystar cease the sale of its Open Computer, the Mac OS X-equipped desktop is still available through Psystar’s online store at time of publishing.

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