To no one's surprise, Apple Computer has filed suit against Psystar Corp., alleging copyright infringement. What is surprising is Apple's proposed remedy: recalling all of the Mac clones that Psystar has already sold.

In a suit filed July 8 in a California district court, Apple charged Psystar with eight claims of copyright infringement, breach of contract, trademark and trade infringement, and unfair competition.

In April, Psystar began selling the so-called Open Computer, leading virtually the entire tech world to predict a retaliatory Apple suit. The Open Computer used a modified version of Apple's OS X, according to Apple's suit, and provided unauthorized patches that Apple claimed were simply copied from its own Web site. A similar Openserv server sold by Psystar allegedly used the Mac OS X Server edition.

"As alleged more fully below, by misappropriating Apple's proprietary software and intellectual property for its own use, Psystar's actions harm consumers by selling to them a poor product that is advertised and promoted in a manner that falsely and unfairly implies an affiliation with Apple," Apple's suit claims. "Psystar's actions also have caused, and are causing, harm to Apple and constitute a misuse of Apple's intellectual property."

Apple asked for actual and statutory damages, any profits Psystar derived from the sale of both the Open Computer and Openserv server, injunctive relief, and the recall of any Open Computers Psystar previously sold.

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