Mac clone maker Psystar accused Apple this week of abusing copyright laws and locking Mac OS X to its hardware with code that prevents non-Apple machines from booting properly, court documents show.
In a change of tactics, Psystar revamped its countersuit, first filed in August, to drop the antitrust charges that a federal judge dismissed last month and replace them with allegations of Apple's "brazen misuse" of federal copyright laws, including the Digital Millennium Copyright Act (DMCA).
US District Court Judge William Alsup, who last month tossed out Psystar's antitrust charges, at the time left the door open to an amended complaint. Psystar took advantage of the opportunity, and filed a revised lawsuit on Monday.
"Apple is attempting to use its copyrights in the Mac OS, not to prevent unauthorised production of any copyrightable elements, but to prevent competitors from developing competing hardware systems interoperable with the Mac OS," said Psystar.
"Through the use of anti-circumvention and the DMCA, Apple is attempting to leverage its copyright limited monopoly in reproduction of the Mac OS into a broader monopoly in a separate hardware market," the lawsuit continued.
"This is the exact behavior that is prohibited by the copyright misuse doctrine."
Late last month, Apple amended its original complaint to include a new charge that Psystar violated the DMCA by dodging copy-protection technologies Apple uses to protect Mac OS X.
This week, Psystar essentially said that Apple's claim is bogus. "Psystar is further informed and believes and thereon alleges that Apple does not actually employ a technological copyright protection measure that controls access to the Mac OS," the company said in its revised suit.
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(Reuters)
