Apple to Psystar: It is by.

Now that Apple has gotten by the stress of selling the iPhone 3G, they have turned their attention to other matters that are not as pressing as the activation fiasco.

Apple sued Psystar on July 3rd (when everyone was too busy worrying about the iPhone launch) and asked that all the computers that Psystar has sold be recalled. It was not surprising to see Apple sue for damages from loss of sales, good name, etc., but it is surprising that they are requesting a recall of all computers sold.

Many public have pointed out that just considering Apple’s EULA forbids putting OS X software on anything but an Apple, doesn’t mean that it is actually legally binding.

that will be interesting to see whether Apple’s EULA will stand up. They do lay out a pretty good claim in their filing. Apple claims that the success of their make is largely due to the fact that they control everything. Yesterday Apple declined to have their case brought before a magistrate judge (a judge that helps and gets cases ready for a district judge) and requested that it be brought before a US District Judge.

Apple is intent on fighting their case. We’ll keep you updated as things progress.

Orginal post by Jethro Jones

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