Judge: Psystar may qualify Apple ‘copyright misuse’
The federal judge is letting Mac clone Maker Psystar to change its legal defense against Apple.
Psystar strike was made in November, when Judge William Alsup of the U.S. District Court for Northern California dismissed Psystar in antitrust lawsuits against the Cupertino, Calif.-based Mac Maker. Antitrust suit was a response to copyright and trademark violation Apple filed a lawsuit in July against Psystar, whose OpenComputers designed to run Mac OS X operating system.
In its amended complaint, Psystar accuses Apple of copyright misuse, and unfair competition based on infringement of the copyright misuse.
Judge Alsup, referring to the previous case - Practice Management Information Corp v. American Medical Association - said in his order:
Copyright misuse does not deprive the copyright, but does not preclude its use during the period of use. “Practice Management, 121 F.3d at 520 N.9. In addition, the defendant in the copyright infringement suit need not prove antitrust violation to prevail on copyright misuse defense. “ID. At 521.
Although Judge Alsup in Psystar favor by allowing us to proceed with its counterclaim of copyright misuse of legal argument, he denied their motion to amend its allegations that Apple’s copyright-oriented behavior threatens or harms competition.
Psystar argues that the alleged misconduct is “at least not fair that Apple has tried (and continue to attempt) to expand the scope of their copyrights by linking them with computer equipment, are not protected by the Copyright Act.” (Answers to 12). She could not explain, however, as this behavior is a detriment to competition or violation of the spirit of antitrust laws.
In connection with the behavior of one firm, binding requires demonopolization. Psystar has determined no one - except for a limited monopoly inherent in a copyright.
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