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By Tom Nelson, About.com Guide to Macs

Psystar to Countersue Apple for Restraint of Trade

Wednesday August 27, 2008

Psystar, the company that made headlines here back in April when it started shipping a Mac clone, is reported to be about to respond to Apple's lawsuit with a countersuit, alleging that Apple is engaging in anti-competitive practices, which violates the Sherman and Clayton Antitrust Act.

This course of action by Psystar was expected, but as many legal experts have pointed out, it isn't likely to dramatically affect the outcome of Apple's suit. The problem is that in order to invoke the Antitrust Act, Psystar will have to prove that Apple's actions have not only harmed general consumers of computer products but also Apple's competitors.

Both points will be difficult to prove. I'm not sure how Psystar will be able to argue that a consumer running Windows on a PC was hurt by Apple limiting OS X's license to Apple computers. Even if Psystar could find a way to make that argument, how will they manage to argue that Apple's competitors were hurt?

Well, all's fair in love and lawsuits. We'll just have to sit back and see how this plays out.

Anyone giving odds? Leave a comment below and let us know what you think.

Comments

September 5, 2008 at 10:15 pm
(1) Don Mitchell says:

I think Paystar will loose but may be allowed to continue as they are not harming the competition, considering Apple’s share of the market.

September 6, 2008 at 2:55 pm
(2) Tom Nelson says:

Hi Don,

I think Psystar could continue to sell any of its PCs as long as it wants to. It could probably even get away with including instructions on how to install OS X.

But I think the company crossed the line when it sold systems pre-loaded with OS X, which it has no license to install and resell.

Tom

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