(from http://punto-informatico.it, August 28, 2008)
There is to make the end of Open Tech, in sale for 50 thousand bucks: Psystar, the first company to proposed PC in all respects compatible with Mac OS X and sold at a fraction of the price of the original, presented to a court in California its response to the summons received from Apple. Among alleged antitrust violations and anti-competitive practices, there is also space for a damage claim.
"We bought copies of Mac OS directly from Apple or its authorized dealers" said during a press conference the president of Psystar, Rudy Pedraza , who along with his lawyers explained their views on question. Not for piracy or breach of the code of the operating system it would, but the simple right of those who buy a product and changing the code released under open source license for use both as they wish.
"All copies of the OS are to be purchased regularly," he explained Colby Springer of Carr & Ferrell study, which is part of Psystar's legal team: "Despite what is claimed - he said - there is no master disc. As for allegations that Psystar then modified the code to Mac OS X to run on non-Apple systems, even in this case there is no truth. " to be modified would be some share open source code distributed by Apple with Mac OS X, but - Springer says - in full respect of the license with which this code is released. Apple
Rather, they tell the lawyers, would be responsible for "illegal trade restrictions and anti-competitive", which would violate U.S. antitrust laws trying to force the public to only buy a Mac to take advantage of Mac OS X and thus constituting a sort of monopoly in . For this reason, the court will be asked to declare illegal the EULA of the operating system produced in Cupertino, in addition to claiming an unspecified amount of damages for lost sales Psystar immediately by following the subpoena.
to present his appeal, the Florida company has enjoyed a terms of reference thanks to the willingness shown by Apple. The latter is now up to the task of dismantling the arguments of the counter-complaint, although it is likely that the two companies will seek the path of extra-judicial order not to court. The first hearing was set for next October 22. Meanwhile, Psystar would stand also preparing to market a portable able to mount Mac OS X.
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