Apple v. Psystar Corp 2008 July 15
I haven’t been able to find a copy of the complaint yet, but Apple has finally sued Psystar Corp over the Mac clones they have been marketing. The articles seem to claim that the lawsuit is based on copyright infringement. I assume they are also saying they are violating the EULA. The copyright issue would, as far as I can tell, apply if Psystar is modifying any non-Open Source code (remember, some of OS X is licensed with a BSD license). It will be interesting to see how far Psystar takes this. In past interviews they claimed that the EULA Apple has is violating U.S. monopoly laws. It would also be interesting to see how far this suit tests the idea of the EULA and if Psystar can somehow test to see if the first sale doctrine when it comes to shrink-wrap software will held up in courts.My guess is that Apple probably has a good chance of winning, or otherwise having this case settled in their favor, this based on the merits (and it doesn’t help Psystar that they have many more resources to fight this case in court). However, I would like to see some of the terms of these more thorughly EULA tested in court. Hopefully I’ll find a copy of the complaint sometime soon so I can actually see what Apple alleges in the complaint instead of some tech-writers interpretation.