John Paczkowski

Recent Posts by John Paczkowski

Speaking of “Destroying Competition,” Meet Our Legal Team From Mortify, Debase and Demolish LLP

Apple legal has some interesting weekend reading ahead of it. Mac clone maker Psystar filed its 54-page countersuit against Apple late Thursday, and as expected, it accuses the company of restraint of trade, unfair competition, and other violations of antitrust law. “[Apple has] engaged in copyright misuse through the use of an illicit tying provision in its end-user license agreement for the Mac OS X with respect to only utilizing the Mac OS X software on Apple-Labeled Computer Hardware Systems and as is further detailed in PSYSTAR’s counterclaims for violations of the Sherman Act, Clayton Act, and Cartwright Act, which are incorporated herein by reference,” the suit claims. “By attempting to enforce this illicit tying provision, [Apple] is attempting to obtain, maintain, and/or enjoy rights not granted by the Copyright Act including, but not limited to, destroying competition in the Mac OS Capable Computer Hardware Systems market, which is wholly unrelated to any valid copyright.”

The suit, filed in U.S. District Court for the Northern District of California, seeks unspecified, triple damages and, more importantly, an order voiding Apple’s end-user license agreements (EULA). If successful, it will allow OS X to be installed on hardware it was never intended to run on, opening the door for the first legitimate Mac clones in more than a decade. Hard to see Apple (AAPL) allowing that to happen, though. My guess is the company would sooner kill retail sales of OS X and manage upgrades through iTunes, than allow it to be run on inferior machines over whose quality it has no control.