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Depends on what the meaning of “market” is: Judge dismisses Psystar’s Apple countersuit
VentureBeat —
... In some sense, it looks like Apple’s lawyers won a legal jargon battle. The definition of a “market” was central to Psystar’s argument and the judge felt that was more of a factual argument rather than a legal one, as AppleInsider notes. ...
Apple Awarded Motion to Dismiss Pystar’s Counterclaims
MacBlogz - One Stop Apple News —
... was that Apple’s Mac OS X operating system is not reasonably interchangeable with other operating systems such as Microsoft Windows and therefore comprises its own distinct market. The clone maker alleged that Apple has engaged in various forms of anti-competitive conduct in order to “protect its valuable monopoly in the Mac OS market” and that it has also run advertising campaigns to help define the Mac OS as a product separate and distinct from other operating systems, AppleInsider explains. ...
Judge rejects Psytar’s claims in ongoing legal brouhaha
Macsimum News —
... A California judge has granted Apple’s motion to dismiss counterclaims on the part of Mac clone maker Psystar, who charged the Mac maker with violating antitrust laws through its attempts to block third parties from selling rival Mac OS X-based computers, reports AppleInsider. ...
Psystar's antitrust claims against Apple dismissed
Engadget —
... 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 ...
Judge tosses Psystar’s countersuit
Between the Lines —
... A federal judge has tossed out a countersuit filed by Mac clone maker Psystar, which alleged that Apple was engaging in anticompetitive business practices by controlling both the hardware and software that makes up the Macintosh computer line. Psystar was given 20 days - until Dec. 8 - to amend its complaint to convince the judge that it has a more solid argument for its countersuit. The judge rejected the countersuit, in part, over the allegation that Apple’s operating system is so unique that it has no “actual or potential competitors,” noting that Psystar did not present ...
Apple Gets Judge to Dismiss Psystar's Antitrust Counterclaim [Lawsuits]
Gizmodo —
... PC operating systems and suffer from a lack of hardware competition—thus the need for Psystar-like companies. Well Judge William Alsup was having none of it, dismissing the claim today. Alsup felt that Apple's high-profile advertising was proof enough that it was competing in the same market as Microsoft Windows (GREAT intuition there, judge!). In any case, Psystar has until December 8th to adjust their complaint, but they really don't have a lot to fall back on at this point. [Apple Insider via ...
Judge dismisses ‘Mac cloner’ Psystar’s antitrust counterclaim against Apple
MacDailyNews —
... to back them up, including allegations that Apple is violating the common law of unfair competition, the Cartwright Act, and the California Business and Professions Code." "'For the above-stated reasons, Psystar’s claim that Mac OS-compatible computer hardware systems constitute a distinct submarket or aftermarket contravenes the pertinent legal standards, and Apple’s motion to dismiss Psystar’s federal counterclaims is therefore granted,' he wrote," Lane reports. Full article here . Tom Krazit reports for CNET, "If Psystar fails to come up with a better argument, its ...
Judge Rejects Psystar's Antitrust Claims Against Apple
Techdirt —
... by Apple -- which it did. However, the judge in the case is apparently unconvinced, dismissing Psystar's counterclaims, noting that Psystar did not do a very good job establishing that Apple has a monopoly, noting that the relevant market is not just the Macintosh operating system. Psystar can file an amended complaint, but it seems unlikely that the judge is going to buy any antitrust claims. That means the lawsuit, assuming it continues, will probably focus on the enforceability of certain end user license agreements, which could be ...
Psystar gets countersuit dismissed, case heats up
The Unofficial Apple Weblog (TUAW) —
... AppleInsider notes that crucial to Psystar's claim was the definition of the "Mac OS Market." Judge Alsup agreed with Apple's right to sell their OS to their customers with the understanding that it may only be used with their hardware. ...
Psystar’s counterclaims against Apple to get thrown out of court
CrunchGear —
The never ending saga of David vs Goliath just got a little tougher for the little guy. Unless Psystar strengthens its counterclaims against Apple, it will be thrown out of court. The counterclaim indicates that OS X is not reasonably interchangeable with other operating systems, such as Windows, and therefore compromises its own niche market. So unless Psystar can come up with something better, Apple’s original lawsuit till continue against the Mac clone manufacturer and we all kind of know how that is going to turn out. Probably something ...
Psyanora …
Digital Daily —
... Psystar’s ideological crusade against Apple (AAPL) is fast turning into a boondoggle for the Mac clone maker. On Tuesday a federal juge dismissed Psystar’s antitrust lawsuit against Apple and with it one of the company’s last remaining chances to stay in business peddling PCs with Apple’s Mac OS X Leopard preinstalled, in apparent violation of Apple’s software license agreement. ...
Psystar counterclaim suit against Apple thrown out
SlashGear —
... however, not only was their justification lacking, their own suggestion that Apple aggressively market OS X as an improvement over, say, Windows, highlighted the fact that the two products occupied the same market.
Psystar now have until December 8th to produce further evidence, else their claims will be dismissed “without leave to amend”. That paves the way for Apple’s notorious legal team to pursue their original complaints against the company.
[via Apple Insider] ...
Court Rejects Psystar Countersuit Against Apple
Cult of Mac —
... In a 19-page opinion siding with Apple’s motion to dismiss Pystar’s August countersuit, the judge ruled that Pystar’s legal team failed to support the “counterintuitive claim that Apple’s operating system is so unique that it suffers no actual or potential competitors,” according to AppleInsider, which first reported the decision. ...
Psystar denied monopoly claim against Apple
Obsessable News Feed —
... has been dismissed, with the court rejecting Psystar's claim of Apple's monopoly. Psystar argued that by forcing customers buying Mac OS to use Apple's hardware, the company was engaging in anti-competitive trade practices. The judge hearing the case took issue with Psystar's portrayal of the Apple market as separate from the PC market at large. Since users always have the choice of using a computer with Linux or a Windows system, and Mac OS performs the same functions, the judge found plenty of evidence for healthy competition in the marketplace. He cited Apple's heavy ...
Psystar dismissed; Apple did not break anti-monopoly laws
HardMac.com —
Source : AppleInsiderThe judgement has been given regarding the complaint by Psystar that accused Apple of violating the anti-monopoly laws by refusing to allow its operating system to be used except on its own machines.
In substance, the judge considered that Apple has not violated this law for several reasons:
- Apple is not alone on the market of the computers and operating systems.
- Mac OS X achieves tasks similar to other operating systems. Since Apple engaged in a strong advertising campaign, this can be regarded as proof that Apple ...
