Psystar’s Counterclaim Lawsuit – Tying Contract and Injury


2 weeks ago, we visited the website of Mac clone computer retailer Psystar Corporation, which Apple, Inc. sued for copyright infringement several months ago. Psystar had an empty web page titled Psystar Corporation – Latest – Litigation under Company on the side bar. Since then, this page has been updated, providing visitors with a downloadable PDF file of their counterclaim lawsuit document against Apple. (See Screenshot 01-2.)

Psystar Mac Open Computer counter lawsuit
Screenshot 01- Source: Psystar
Psystar Mac Open Computer counter lawsuit
Screenshot 02- Source: Psystar
Psystar Mac Open Computer counter lawsuit
Screenshot 03- Source: Psystar

In this 54-page document, Psystar and its legal team repeatedly argue that Apple ties software contracts to selling hardware contracts. For example, we read at Page 26

… APPLE’s illegal tying of the Mac OS to Apple-Labeled Computer Hardware Systems…

Interestingly, this document says that Psystar is aware that Apple only licenses the use of Mac OS for ‘Apple-labeled hardware.’ But it says

… PSYSTAR is without information or knowledge as to what this otherwise value and ambiguous terminology (i.e., Apple-labeled hardware) refers. (Refer to Page 7.)

, which also sounds like a vague argument.  Continue reading

Nintendo Launching WiiWare in March 25


TOKYO (MacHouse) – According to Nintendo, the company will commence the sale of downloadable game titles for its fifth home video game console Wii in March 25. Nintendo calls this project WiiWare. There appear to be at least 20 game titles that will be available in March 25. Those game titles include Dr. Mario & Saikin Bokumetsu, Star Soldier R and LONPOS. According to WiiWare website, one must purchase Wii points at first and then make purchases at Wii Shopping Channel.

Click on the button to go to Nintendo’s website (JPN). VTC

Toshiba Officially Retreating From HD DVD Format


TOKYO (MacHouse) – There were rumors over the last weekend that Toshiba was to end HD DVD support. Today, the company officially announced its decision for retreating from the HD HVD format. According to its online press release, Toshiba will immediately stop developing new products and even eventually close its HD DVD business section by the end of March. Furthermore, the company notes that they will continue to provide customer support to existing product owners.

Click on the button to read Toshiba’s press release (JPN). VTC