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Well, we can't say we didn't see this coming -- Judge William Alsup in the federal Northern District of California today dismissed Psystar's
antitrust counterclaims in Apple's
copyright infringement lawsuit against the wannabe Mac cloner. According to the judge, Psystar's
hotshot legal team failed to provide facts "plausibly supporting the counterintuitive claim that Apple's operating system is so unique that it suffers no actual or potential competitors." Not only that, but the judge also found that Psystar actually contradicted itself in pointing out that Apple has to advertise heavily to promote OS X against competing operating systems that perform the same tasks, and that Apple is "certainly entitled" to ask its customers to only use OS X on Apple machines. Yeah, that's a smackdown. Psystar has until December 18th to amend its complaint and try these arguments again, but we can't say we think it's got a shot in hell here -- and something tells us that that court-mandated
alternative dispute resolution process isn't going to get very far in Psystar's favor either.
Disclaimer: Nilay's a lawyer and sells bootleg OSx86 machines out the back of his van, but he's not your
lawyer and this isn't legal advice.
[Via
Macrumors]
Psystar's antitrust claims against Apple dismissed originally appeared on
Engadget on Tue, 18 Nov 2008 19:02:00 EST. Please see our
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