Psystar claims Apple's copyright suit against it should be dismissed because Apple has never filed for copyright protection for its Mac OS X operating system:
Apple "is prohibited from bringing action against Psystar for the alleged infringement of one or more of the plaintiff's copyrights for failure to register said copyrights with the copyright office as required" by law, Psystar claims.
The stunning claim, if true, could undermine Apple's ability to restrict third parties, such as Psystar, from selling clones that run the Mac OS on generic PC hardware. InformationWeek was not immediately able to verify the claim.
Psystar made the allegation in documents filed last week in U.S. District Court in San Francisco, as part of its response to Apple's latest charges of copyright infringement.
Psystar also claimed that Apple's Mac OS X 10.5 "Leopard" operating system contains undocumented code designed to render inoperable personal computers that aren't running on Apple-approved hardware.
Psystar claims Apple uses so-called stealthware to protect what Psystar claims is an illegal monopoly in the Mac computing market.