For those of you not familiar with the back story to this David vs. Goliath story here’s the short version. Psystar setup shop last year marketing what basically boiled down to a Mac clone. Apple at first didn’t do anything but near the end of the year they finally slapped Psystar with a lawsuit to which the scrappy little company slapped Apple back with a lawsuit of their own.
At which point Apple put forward a motion to have Psystar’s countersuit thrown out. Well the judge in the case has ruled that Psystar’s lawsuit can go ahead. In addition US District Court Judge William Alsop suggested that “ Psystar may well have a legitimate interest in establishing misuse [of copyright] independent of Apple’s claims against it — for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop ,”
Alsup also said that if Psystar proves that Apple abused copyright laws, some of Apple’s charges against the company would be moot. He also seemed to say that that others would then be free to follow in Psystar’s footsteps. “Moreover, if established, misuse would bar enforcement (for the period of misuse) not only as to defendants who are actually party to the challenged license but also as to potential defendants not themselves injured by the misuse who may have similar interests,” said Alsup in his ruling.
Source: ComputerWorld
I can’t help it but I’m rooting for Psystar here. It would be nice to see Apple; and its legal team, get their comeuppance finally.
