EFF attorney Fred von Lohmann has filed action for a declaratory judgment against Apple. In october 2008, on Odioworks’ BluWiki portal pages have been released that explained in detail how Apple uses encryption to tie iPods solely to iTunes and how Apple bars third party software like Songbird.
Although the writers in the wiki were not able to circumvent Apple’s encryption algorithm, in november 2008, Apple demanded immediate removing and of course Odioworks followed their demand.
Apple argues the algorithms that calculate hashs to tie iPods to iTunes are part of Apples FairPlay protection, thus falling under the DMCA, that disallows circumventing or public discussion about circumventing.
In the view of the EFF and other IT professionals this is not true as the calculated hash is only required to access the iTunesDB. In the means of the YMCA the iTunesDB encryption is not part of a copy protection. Therefore releasing information about circumventing the hash cannot be illegal. Moreover the DMCA explicitly allows decryption for the purpose of compatibility.
What might sound like a conspiracy book by John Grisham is reality. Apple obviously believes that another company or even companies are secretly backing up Psystar. Groklaw.net explains that this might be an explanation why a major law firm took this case. Apple’s lawyers wrote:
(..) Apple will seek leave to amend this complaint to show the unknown John Doe Defendants’ true names and capacities when they are ascertained.(..)
Apple seeks revenge and these new claims read badly for Psystar. Apple even added claims for DMCA violation. So the main question is: Is Psystar about to go down, or do they have aces in their sleeves? You may find the whole article on Growlaw.net.
Unimpressed by this current development Psystar is continuing to sell their MacClones…