Apple demand: Psystar Mac clones should be recalled

Apple list of complaints producer clone Mac Psystar includes 16 pages, but at the end of his argument boils down to expectations. Psystar, Apple said, has no right to do what he did, and must be arrested and pay.

In their application, a copy of which was CNET News courtesy of our colleagues in ZDNet Apple alleges copyright infringement, induction of copyright infringement, trademark infringement, as well as a number of other complaints. Find all the benefits received by their Psystar Open Computers, triple damages for action voluntarily, a permanent injunction against the sale of the product, including redemption of the units already sold.

Apple licenses for the use of its Macintosh operating system software exclusively for use Apple equipment brands “, Mac maker said demand (click here for PDF), and added that the only path to full versions of Mac OS is in a new car. The box software product, on He said, is only one version, which is valid only for improving existing products under the brand name Macintosh.

Apple contends that the open sale of computers, together with a copy of Apple Mac OS Psystar against both induced copyright and the buyer also in respect copyrights from Apple.

Violation Apple said, “has been and remains knowingly, voluntarily, knowingly and with disregard for human Apple”. He also argues that the use of trademarks of Apple “in all probability, if not confident to deceive or cause confusion or mistake” of whether there is a link between Apple and Psystar.

The worker Psystar CNET News said on Tuesday that there is no one available to comment on the demand Apple.

Nevertheless, Apple Psystar fees, owners and managers have acknowledged in their public statements, aware of Apple software license agreement and its conditions.

Because the violations were voluntary, Apple said that he is entitled to triple damages.

Meeting in the case was in October.

Mark A. Goldstein, a lawyer from Westlake Village, based in some SoCal IP Law Group, said, Apple case, it seemed, “slam Dunk.”

“Given, Grokster ruling, it is difficult to see any viable argument (for Psystar)”, he said.

“If Psystar sell only hardware, operating system or only with Ubuntu, or MS XP, then the case will be totally different,” he said. “We can say that there are substantial non-infringement. In other words, the hardware manufacturer / distributor should be able to sell a computer that can run multiple operating systems.”

“The fact that they are sold, Apple OS leaves open for direct input and copyright violations,” added Goldstein.

John Ferrell, president of intellectual property, in practice, Carr and Ferrell, also asked what legal theory Psystar was to protect their cloning Mac.

“Using copies of Apple operating system Apple see a similar build-Cree it was clearly established in 1983, copyright historic decision that the last of the heavy burden on the clone of Apple Computer Franklin for Apple business,” he said in the e-mail interview. Apple Macintosh products are available through a wide range of intellectual property assets, including copyrights, patents, trademarks and trademarks. This is not (random), there is no success Macintosh “me-too” manufacturers in the last quarter century. ”

He added that Ferrell loops, the road through the headquarters of Apple, “is littered with the remains of the business plans of companies that are trying to copy and sell as Apple View.”

adapted from http://news.cnet.com/