Trying to get a recall as part of the suit
Last modified on Wednesday, 16 July 2008 07:56
Like we didn’t know that Apple would file suit against Apple clone maker Psystar, it really was only a question of when. Well, Apple has finally filed. Basically, the suit boils down to the claims by Apple that Psystar had no right to do what they did and that they it are violating copyright, trademark, and infringing on several other Apple legal rights.
While Apple is seeking triple damages as well as a permanent injunction to prevent the sale of their clones, what is more curious is the request that Psystar be forced to recall all of the units already sold.
While Psystar did sell the systems with a copy of the Apple OS, Apple says that the copy of the OS that they used is only an upgrade that is licensed to only be used on Apple-labeled systems.
While Psystar has yet to publically respond to the suit, they have indicated that they were aware of Apple’s licensing policies. What should be the real show here is what kind of defense Psystar will try to use to justify its actions.
Unless Psystar has some sort of magic we are unaware of up its sleeves, it looks that Apple should be able to shut this down pretty quickly. A status conference is set in the case for October. In the meantime, we are eager to see if Psystar will make any public comment regarding the lawsuit.