Apple Files Suit Against Cloned Mac Computer Maker, Psystar

Apple Inc has filed a lawsuit against Doral-based Psystar who is alleged to manufacture cloned Macs. The 16-page suit alleges copyright infringement, inducement of copyright infringement, and trademark infringement, among other legal claims.

Apple has devoted substantial time and resources to developing, manufacturing, and marketing its Macintosh brand of computers and the latest suit doesn’t come as surprise.

Psystar has been making computers using Apple’s operating system, Mac OS X, without any licence whatsoever. These cloned Mac computers are sometimes referred as “hackintosh.” The systems were based upon an idea put together by an online group, the osx86 project. That group puts out detailed instructions on how to use standard PC computer parts to build a Macintosh system for half the price than what Apple charges for a similar new system.

In April 2008, Psystar began selling a computer named the OpenMac which runs a modified, unauthorized, version of Apple’s Mac OS X - Leopard. Soon after, Psystar changed the name of its product to Open Computer, but continued to sell it with the Leopard operating system, without authorization from Apple. In June, Psystar started selling rack-mount servers  (Leopard Servers) running on Mac OS X and called the OpenServ 1100 and OpenServ 2400.

According to Apple, “Psystar’s actions have caused, and are causing, harm to Apple and constitute a misuse of Apple’s intellectual property.” To prevent this alleged misuse, Apple is seeking an injunction against further abuse of its intellectual property, as well as an award of actual damages, its attorney’s fees, and costs of the lawsuit. The case has been assigned to Magistrate Judge James Larson, and California’s Alternative Dispute Resolution Program for civil suits.