By Ed Oswald | Wednesday, December 10, 2008 at 9:53 am
Psystar has revised its complaint against Apple, taking out the claims of antitrust violations that the court threw out in late September, but continuing to stress that copyright — and specifically Apple’s abuse of it — is at the heart of the issue.
The arguments center around something called the “misuse doctrine.” Essentially, copyright holders are barred from using their rights granted to block out competition. Here, the company is using the EULA to prevent users from installing the OS on anything else other than Apple hardware.
Psystar is also accusing Apple of hiding behind the DMCA, the statutes which the Cupertino company is using to fire back at Psystar in its countersuit.
Added to this complaint is a new section which alleges Apple is using so called “kernel panics” to prevent use on non-Apple hardware. When Mac OS X detects it is on a non-Apple system, it crashes the operating system which prevents its use.
The judge will now decide whether to allow or deny Psystar’s amended filing. It would be accepted into the record on January 15.