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Apple Notifies Court, Ready to Tackle Psystar

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Apple filed a notice with the United States District Court in Northern California that the stay imposed by Psystar's bankruptcy filing has been lifted, and Judge Alsup set a case management conference on July 9. Apple had been waiting for the temporary stay to be lifted so that it could continue its case against Psystar for building and selling Mac clones without authorization.

Judge Alsup will use the hearing to establish the guidelines for discovery requirements based on his prior ruling that Psystar must produce financial documents along with someone competent to testify about the company's finances.

Apple filed a lawsuit against Psystar in northern California claiming the company was violating the Mac OS X licensing agreement with end users, and that it was violating the Digital Millennium Copyright Act with the steps it used to install the Mac operating system on PCs. Psystar has asserted that it isn't doing anything wrong, and that Apple is abusing its position as the only company that makes Mac OS X-compatible computers by blocking competition.

Psystar eventually filed for bankruptcy in Florida, citing its mounting legal debt. The filing automatically stopped Apple's case in California, but Judge Mark, the Judge overseeing the bankruptcy, lifted that stay on June 22, allowing Apple move forward again.

Psystar has until July 2 to file a joint case management order in cooperation with Apple, or to file notice that it is appealing Judge Mark's order lifting the stay.

Since Psystar hasn't been able to pay its legal team, it's unclear whether or not the company has any professional representation to help with its defense against Apple. If not, Psystar could find itself run underfoot in short order.

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5 Observer Comments

Tackle, pummel, and grind into mulch.

   Actions cb50dc said on July 1st, 2009 at 12:04 AM (Edited: 05/08/2012 1:59 PM):

Tackle, pummel, and grind into mulch.

Ahhhh, let’s just fire the Death Star and be done with it.

   Actions cb50dc said on July 1st, 2009 at 8:57 AM (Edited: 05/08/2012 1:59 PM):

If everyone reading this will take a few seconds to click on “REPORT” to mark the above (sunvalleyus) as spam, TMO can clean it out.

   Actions Lee Dronick said on July 1st, 2009 at 10:33 AM (Edited: 10/18/2011 6:20 PM):

If everyone reading this will take a few seconds to click on “REPORT” to mark the above (sunvalleyus) as spam, TMO can clean it out.

But they are selling IT accessories; Pocket protectors, paperclips to repair your black plastic frame eyeglasses, unfashionable clothing. Furthermore they are selling them retail.

   Actions cb50dc said on July 1st, 2009 at 12:00 PM (Edited: 05/08/2012 1:59 PM):

Horrors. How could I have missed those wonderful deals? wink

I’m still hoping for the Death Star.

cb

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