In latest documents filed with a San Francisco Court, Psystar said that Apple never filed for copyright protection for its Mac OS X operating system, and therefore it should drop its lawsuit against the Mac clone manufacturer. Apple sued the company earlier this year for copyright violation.
If the stunning allegation is true, then it could seriously undermine Apple’s ability to stop Psystar from selling cloned Macintosh systems. “Apple is prohibited from bringing action against Psystar for the alleged infringement of one or more of the plaintiff’s copyrights for failure to register said copyrights with the copyright office as required” by law, Psystar said.
“Apple uses so-called stealthware to protect what Psystar claims is an illegal monopoly in the Mac computing market,” reported InformationWeek. On the other hand, Psystar’s so called ‘Open Computers’ use cloned Mac OS X operating system that bypasses Apple’s security measures - in violation of Apple’s licence. Mac OS X licence agreement states that the licensee agrees not to use the software “on any non-Apple-labeled computer or enable another to do so” and that the “License will terminate automatically from Apple if [the licensee] fail[s] to comply with any term(s) of this License.” Genuine Mac OS X runs a start-up routine that verifies whether the host computer is running on an Apple-approved hardware.
However, Psystar denies that said activities are unlawful and improper. “Psystar likewise denies the suggestion that there exists a concerted effort to commit infringement of Apple’s intellectual property rights, to breach or induce the breach of Apple’s otherwise unenforceable license agreements, and to violate state and common law unfair competition laws,” the company said in its December 16th response to allegations made earlier by Apple.
Apple is improperly claiming that installation of the Apple OS on a non-Apple machine is a violation of the Digital Millennium Copyright Act (DMCA), according to Psystar.
“By attempting to apply the DMCA in this manner, Apple is attempting to obtain, maintain, and/or enjoy rights not granted by the Copyright Act,” Psystar said. “Apple does not actually employ a technological copyright protection measure that effectively controls access to the Mac OS.”
Hey Have a Facebook Comment :) :)
this is good
ReplyDelete