Judge Rejects Psystar's Antitrust Claims Against Apple

from the not-looking-good-for-psystar dept

Back when Apple first sued Psystar, we were afraid that the smaller company wouldn't have much of a legal leg to stand on, even if it claimed antitrust violations 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 more interesting anyway.
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Filed Under: antitrust, clones, eula
Companies: apple, psystar


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  1. identicon
    Anonymous Coward #42, 19 Nov 2008 @ 7:03am

    Re: But Apple is not in business to sell software

    Seriously, stop using that argument. It's like old gum that's lost its flavor. The whole point of this problem is that Apple is clinging desperately to their hardware, while refusing to admit that the real money is in software licensing. It always has been, and it always will be. The R&D costs are so high for a company that tries to do both, it's no wonder Macs cost so much. If Apple would just license their software for third-party use, and setup a hardware certification program, it would be better for all parties involved. It would force Apple to knock down their ridiculous profit margins on their hardware, while simultaneously increasing their profits due to licensing sales. They would improve their reputation while most likely breaking even or increase their overall profits.

    And btw, I also don't appreciate the comment about forcing Microsoft to make OS's without so many problems. Do you honestly think somebody at Microsoft is sitting behind a desk in a big office saying "hey, let's not bother to make our OS run good, because people will buy it anyway?" Microsoft has made mistakes, I'll give you that. They had to backpedal on most of the major new features that were supposed to be in Vista, and actually started over from scratch halfway through the development, because they realized they had bit off more than they could chew. That's why Vista was rushed to market with so many problems, because from the point they started over, they didn't have enough development time left to do it right, and the release was already very, very late.

    Now they're fixing a lot of the problems in Windows 7, and adding the features that were supposed to be in Vista. And quite honestly, Vista isn't nearly as bad as you might think. And just remember, Mac OS X has had plenty of issues of its own.

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