Clone manufacturer not intimidated by Apple

In light of the recent Psystar proceedings, German based Mac clone maker HyperMegaNet UG have said they are "not afraid" of any possible legal action from Apple.

The systems, which are sold under the PearC brand, are Intel based towers with prices ranging between €599 and €799, with shipping is available to numerous European countries including the UK, France and Spain. Like Psystar, the company bundles a legitimate copy of OS X with each purchase, which Apple claims violates copyright laws.

In an e-mail to Computerworld, company spokesmen Dirk Bloessl claims that Apple's EULA is void due to European law. "The German law says explicitly, that restrictions made after buying a product are not valid. So, because Apple's EULA can only be first read after buying and starting the setup, they are invalid in Germany."

Although the company has yet to hear from Apple's lawyers, they are expecting impending action. "First, we try to settle with Apple out of court," Bloessl said. "But if necessary, we are not afraid of going to court with Apple."

Should legal action follow, this would be the second time Apple will have sued a clone maker since summer 2008. It's federal court battle with Florida based Psystar Corp. is still ongoing, and the trial is not expected to begin until November.

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