Apple has struck back against Mac clone-builder Psystar, not content to let the recent decision dismissing Psystar's counter-claim stand alone. The company has upped its charges against Psystar, which previously dealt with licensing issues, to violating the Digital Millennium Copyright Act. Apple initially accused Psystar of breaking its operating system's licensing agreement, which forbids its use on non-Apple hardware. Psystar responded by accusing Apple of being a monopoly, a charge that was dismissed with the judge finding that the Apple marketplace isn't separate from the computer market at large.

In these latest developments, Apple says that Psystar and the hackers it's worked with to develop the process for loading its OS on non-Apple hardware acted against the DMCA. The Act forbids bypassing technological protection measures used to secure software. There are provisions in the Act for allowable exemptions, such as breaking the DRM restrictions of an ebook to make it compatible with text-to-speech software for the blind. Psystar may be able to argue its actions are exempt under a similar "making compatible" argument, but it has yet to formally respond.

UPDATE: Additionally, Apple is claiming that someone is behind Psystar who isn't formally listed as part of the company, and Apple has added several "John Doe Defendants" to its complaint.

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