Wednesday, July 16, 2008

Details emerge on Psystar suit, Apple wants recall

Apple is not only suing Psystar to stop them from selling Mac clones, but is asking the courts to order that the Florida-based company recall all of the systems sold to customers.

The 16-page complaint argues that Psystar's actions were meant to damage Apple, as well as confuse the public. In addition, the continued sales of Open Computers would financially hurt the company.

Altogether, Apple is accusing Psystar of ten counts: copyright infringement, contributory and induced copyright infringement, breach of contract, inducing breach of contract, two claims of trademark infringement, "trade dress" infringement, trademark dilution, unfair competition under California law, and unfair competition under common law.

"Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial," an excerpt reads. "In addition, Apple has suffered and continues to suffer injury to its business reputation and goodwill for which no adequate remedy exists at law and for which Apple is entitled to injunctive relief."

Apple cited its licensing agreement, which specifically prohibits use of Mac OS on anything but Apple related hardware. "Apple has never authorized Psystar to install, use, or sell the Mac OS software on any non-Apple labeled hardware."

In petitioning for relief, Apple is asking the court to recover unspecified damages as a result of Psystar's infringement, as well as any profits it may have made from the sale of the Open Computer.

The company also left the door open to demand the maximum statutory damages for willful copyright infringement, and said it would make a decision before the court rules on the case. An injunction would also be requested to prevent further infringement.

Apple is also asking for a recall of Psystar machines. As part of the overall injunction banning the company from selling or installing Mac OS X, Psystar would also be ordered to recall any computer it had sold to consumers with Apple's Mac OS X software installed.

The specifics of how Apple wants the recall to take place were not specified in the complaint.


Apple to face off against Psystar in court, by Ed Oswald

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