"Apple contends that because Psystar is ‘distributing computers with Apple’s copyrighted software loaded on them’ that ‘Apple is within its rights in asserting copyright infringement’," said Psystar in the papers filed Jan. 7. "Apple’s assertion that Psystar cannot distribute computers with Apple software (and that a purchaser could not use the same) would run roughshod over 17 U.S.C.," Psystar added, referring to the section of U.S. law that pertains to copyright.
Is all of this really necessary? Can’t Psystar just make PCs that are easily Hackintoshed with some simple instructions on how to do so with a link to a Leopard Install disk on Amazon? Is it that hard to make a Hackintosh? Is it worth all of the trouble?
To make its point, Psystar claimed that it has purchased some copies of Mac OS X — which it preinstalls on the Intel-powered machines it sells under the "Open Computer" and "OpenPro" labels — straight from Apple.
"Psystar distributes computers with legitimately purchased copies of Mac OS loaded thereon," the company said. "Many of those copies [were] directly obtained from Apple. While Psystar complies with Section 117(b) of the Copyright Act, Apple attempts to usurp those limitations by telling Psystar and its customers that Apple — and Apple alone — will say ‘whether, how or by whom its software is … distributed or used’."