Apple Files Lawsuit Against Mac-Clone Maker

Apple Files Lawsuit Against Mac-Clone Maker

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By Caitlin Moriarity, ChannelWeb

7:01 PM EDT Tue. Jul. 15, 2008

Apple has filed a copyright infringement lawsuit against Miami-based Mac-clone maker Psystar in the U.S. District Court for the Northern District of California, alleging violations of copyright and software licensing agreements.

The 16-page complaint alleges that Psystar committed copyright infringement, breach of contract, trademark infringement, and unfair competition.

Apple alleges that Psystar, by selling computers that run copies of Leopard OS X, is in violation of Apple's Software License Agreement. In the document, Apple further alleges that Psystar began selling a clone of Apple servers in June, running unauthorized copies of Leopard OS X Server software.

The complaint also alleges that Psystar offered Leopard updates through its Web site, "that are either direct copies of Apple-generated updates and/or unauthorized modified versions of software updates from Apple."

Although Apple requested a jury trial in the complaint, the case has been assigned to Magistrate Judge James Larson, and California's Alternative Dispute Resolution Program for civil suits.

Channelweb reported that Psystar announced earlier this year that it had created a Mac-clone that would sell for $399 and run Leopard OS X. Originally called OpenMac, Psystar changed the name to Open Computer, just one day after announcing the machine for sale.