Specifically, Psystar charged that Apple had stuck code in Mac OS X that checked for the type of processor on board, and if it found "any x86 processor not sold by Apple," the operating system crashed or locked up. "The code that causes kernel panic and/or infinite loop does not constitute a technological copyright protection measure," Psystar said as it asked Judge Alsup to rule that Apple's claim DMCA protection was unenforceable.
Doral, Fla.-based Psystar has sold Intel-based computers preconfigured with Apple's Mac OS X since April, when it began marketing machines for as little as US$555, substantially less than comparably-equipped Mac desktop system. In early July, Apple struck the first legal blow by accusing Psystar of breaking multiple copyright and software-licensing laws.
A month later, Psystar fired back with a countersuit that argued Apple violated multiple antitrust laws by tying Mac OS X to its own hardware.
