Psystar Might Try Antitrust Defense

by , 1:55 PM EDT, August 4th, 2008

Psystar's legal defense team plans to roll out antitrust issues if the Apple case against them goes to trial, according to Computerworld on Monday. At issue is whether Apple has exclusive rights to Mac OS X.

One of the attorneys with Carr & Ferrell LLP, representing Psystar, Colby Springer said, "This case has been mischaracterized. There are a lot more complicated issues than just copyright or trademark. There are more complex issues ... in respect to the end-user licensing agreement. And antitrust issues come into play, too."

Apple's End User License Agreement, EULA, says: "You agree not to install, use or run the Apple software on any non-Apple-labeled computer, or to enable others to do so."

Some attorneys who specialize in antitrust cases, including Carr & Ferrel itself believe that Apple would face antitrust issues if the case goes to trial. "What Psystar might say is, 'What we would like to do is use the Mac operating system's unique features more broadly on a variety of hardware'," according to Carole Handler with Wildman, Harrold, Allen & Dixon.

TMO notes that Apple and other attorneys disagree. Apple hasn't been declared a monopoly by any stretch of the imagination, so what remains is Apple's patent and copyright protection of its intellectual property. That could be a much more tenable argument that simply insisting that Psystar would like to break up a non-declared monopoly in order to seize a share of Apple's revenue. If a judge sees it that way, Psystar might be compelled to reimburse all its customers for their purchases, effectively putting them put out of business.