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Clone-Maker Files Countersuit Against Apple

Psystar alleges trust violations, tries to open market for OS X

By Harry Kimball,  Newser Staff

Posted Aug 29, 2008 8:10 PM CDT

(Newser) – Mac clone-maker Psystar countersued Apple this week and charged it with violating antitrust law, PC Magazine reports. The battle centers on a provision in Apple’s end user agreement that prohibits non-Mac hardware from running its operating system. Psystar admits to selling computers with such hardware, and says they can be sold for hundreds of dollars cheaper than Apple's MacBook.

Apple sued Psystar 4 months ago on several charges including copyright infringement and breach of contract. Psystar's countersuit accuses Apple of anti-competitive behavior, keeping prices artificially high, and forcing OS X users to buy Apple hardware. Psystar is seeking damages and a court injunction to stop Apple's alleged anticompetitive behavior.

A happy Mac user.
A happy Mac user.   (AP Photo)
A screen shot of the Mac OS X Leopard in question.
A screen shot of the Mac OS X Leopard in question.   (AP Photo)
Apple CEO Steve Jobs stands in front of an image of an early Apple desktop computer.
Apple CEO Steve Jobs stands in front of an image of an early Apple desktop computer.   (AP Photo)
Steve Jobs holds a PowerBook in this undated file photo.
Steve Jobs holds a PowerBook in this undated file photo.   (Getty Images)
Apple CEO Steve Jobs introduces the new Apple iPod Touch in San Francisco, in this Sept. 5, 2007, file photo.
Apple CEO Steve Jobs introduces the new Apple iPod Touch in San Francisco, in this Sept. 5, 2007, file photo.   (AP Photo)
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Apple's anticompetitive conduct has created a subsidiary market within the Mac OS Capable Computer Hardware Systems market of which Apple is the only member and wields monopoly power. - Psystar legal complaint

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