Apple files motion for dismissal of Pystar counterclaims

Thu, Oct 2, 2008

Legal, News

First Apple sues Pystar for illegally selling copies of Leopard installed on their own hardware.  Then Pystar countersues claiming that Apple is in violation of anti-trust laws for having a monopoly in the OSX market.  And now Apple is filing a motion to dismiss Pystars counterclaims.

It will be interesting to see how this one plays out in the courts.  Clearly Pystar couldn’t argue that Apple has a monopoly in the PC market as they have less than a 10% market share.  Instead, Pystar came up with the somewhat specious argument that Apple has a monopoly in the OS X market since it won’t allow its operating system to run on any non-Apple hardware.  It’s curious, though, how Apple can have a monopoly in a market that Pystar essentially made up out of thin air.  Think about it – there is no OS X market.  Apple puts OSX on computers that it sells in the computer market.  I mean, you can’t sue Coke for refusing to put its formula into a different can on the notion Coke has a monopoly over the coke formula.  Admittedly, its an original idea, but legally it should fall flat on its face.  We’ll see if the court agrees.  AppleInsider has the scoop here.



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