Apple has filed a lawsuit against Psystar, claiming the Florida-based company violated its copyright and software licensing agreements.
Psystar began selling a Mac clone in April despite the fact that Apple’s Mac OS X licensing agreement forbids companies other than Apple to do so.
End User Licensing Agreement does not allow Mac OS X to be installed on a computer other than an Apple-branded machine
“We take it very seriously when we believe people have stolen our intellectual property,” said an Apple spokesperson.
However, a Psystar employee identified only as Robert has previously
said that Apple’s terms violate U.S. monopoly laws and said that Apple grossly overcharges for its hardware.
However Psystar’s feels about the legality of Apple’s licensing agreement, the company will have to defend its case in court, and that may be difficult.
“If I license something to you, and say you can only use it in a certain manner and you breach that—it is in fact copyright infringement,” M. Kelly Tillery, a lawyer at Pepper Hamilton LLP in Philadelphia, told Macworld.
Tillery also said it is not uncommon for a company to take its time before launching a lawsuit of this nature. “You do a proper investigation before you go to court,” said Tillery. “If it’s not going to cause reputable damage, you want to take your time and do it right.”
The suit was filed in San Francisco on July 3 by law firm Townsend and Townsend and Crew with U.S. District Court, California Northern District
[Updated at 3:24PM Pacific time to clarify that the lawsuit was filed on July 3 with the U.S. District Court in San Francisco.]