Apple: Psystar clone-maker is working with unnamed collaborators
Although Apple isn't clear on the identities of the accused perpetrators yet, the company went to court this week claiming that Mac clone-maker Psystar isn't working alone in its alleged violations of Apple's IP rights.
After convincing a federal judge to dismiss a lawsuit accusing Apple of monopolistic practices, Apple went back to court this week to file an amended complaint charging that "persons other than" Apple's nemesis Psystar are also involved in the clone-maker's alleged trade infringement against Apple.
Apple's amended legal complaint filed this week also adds a claim of violation of the Digital Millennium Copyright Act (DMCA), a US copyright law that criminalizes production and dissemination of technology, devices, or services intended to circumvent digital rights management measures, as well as the act of circumventing a DRM access control.
A pertinent paragraph from Apple's amended complaint follows:
18. On information and belief, persons other than Psystar are involved in Psystar's unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10 (collectively the "John Doe Defendants"). On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple's intellectual property rights, breached or induced the breach of Apple's license agreements and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained.
As previously reported in BetaNews, in mid-November, Judge William Alsup upheld Apple's motion to dismiss a suit from Psystar contending that Apple has broken the Sherman Antitrust Act by tying OS X to Apple-labeled hardware and the Clayton Antitrust Act by carrying out monopolistic practices and exclusive dealings.
Psystar filed the countersuit in August after getting hauled into court by Apple on accusations of trade infringement and breach of contract around selling computers that run a version of Mac OS X.
In Apple's amended complaint filed this week, Apple essentially said it believes there are corporations and/or individuals other than Psystar involved in Psystar's alleged legal misdeeds, who might be brought into the case later as defendants after Apple unmasks their identities.
Meanwhile, despite the legal doings, Psystar continues to sell desktop and notebook PCs. At the end of October, Psystar announced that it had beat Apple out the door with a Mac desktop PC featuring an optional Blu-ray drive.