Representatives from Psystar claimed Apple is monopolizing the market with their technical and legal barriers against third party clones of Mac. In a 54 page complaint filed with the Northern California Division of the United States District Court which was also sent to reporters via email, Psystar accused Apple of indulging in unfair play by restricting trade and violating antitrust law.
According to the suit filed by Apple, the Open Mac subsequently renamed as the “Open Computer” is nothing but Apple’s OS X modified. Patches provided in the open computer were copied from its website and therefore unauthorized. Apple also claimed Psystar used its Mac OS X edition of server in its Openserv server.
Copyright infringement, trademark and trade infringement, breach of contract and unfair competition were among the eight claims charged against Psystar by Apple in the suit filed in a district court in California on July 8th.
This fired up Psystar to retaliate with the argument that Apple does not allow competition. They should be forced to relax on restrictions related to license and technicalities to enable third parties to make use of the Apple OS in developing generic computers. Pystar legal counsel Carr & Ferrell’s attorney Colby Springer issued a statement saying that this litigation is complex involving Apple EULA’s anti competitive nature and anti competitive misuse tactics of the copyrights of Apple. Fair use by Psystar of the intellectual properties was also an issue here according to the attorney.
According to a representative from Carr & Ferrell, reporters were provided with a copy of the complaint filed in court by them.