All Things Digital

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.

After twice failing to meet a deadline to formally respond to Apple’s charge that its OpenMacComputer Mac clones violate Apple copyrights, Psystar has finally answered Apple’s July 3 lawsuit–with one of its own. On Tuesday the company filed paperwork for a countersuit that accuses Apple (AAPL) of tying its OS to its hardware in violation of the Sherman Antitrust Act and the Clayton Antitrust Act. “We’re alleging restraint of trade, among other things,” said Colby Springer, one of three attorneys representing Psystar. “We’re going to let the court decide.”

A curious strategy for a company that has been selling desktop computers running Mac OS X in clear violation of Apple’s software license agreement–desktop computers Apple claims are so lousy they’re damaging the Apple brand. Interesting, though. Because if Psystar wins the suit it would certainly set an interesting precedent.

Not that it’s likely, given the acumen and prowess of Apple legal. They’re like Pacino’s John Milton in The Devil’s Advocate–the whole team of them.

Psystar, which made headlines back in April for its $399 “OpenMac” Mac clone, is making headlines again today–in law-related media. Apple (AAPL) has filed suit against the Florida company, alleging violations of its shrink-wrap license, trademark and copyright. “Apple licenses the use of its Macintosh operating system software for use only on Apple-labeled hardware,” the company argues in the suit, adding that Psystar’s alleged infringement “is and continues to be intentional, willful, and in conscious disregard of Apple’s rights.”

Odd that it’s taken Apple this long to drop the hammer on Psystar, but now that it has, the company’s days are almost certainly numbered.