The Mac Observer

Psystar Hit with New Discovery Deadlines

TMO Talk (8)

Unauthorized Mac clone maker Psystar couldn't convince the courts that its lack of business records was standard operating procedure, so now the company must produce a long list of documents by May 18. The court order, pending overseeing Judge Alsup's approval, comes after Apple claimed Psystar failed to provide requested information during discovery depositions in its lawsuit against the PC maker.

Apple and Psystar are currently fighting a legal battle over whether or not companies can sell PCs with Mac OS X installed. Apple asserts that any company wanting to sell Mac clones needs permission, and the Cupertino-based company has no plans to let companies sell PCs with Mac OS X installed. Psystar claims that Apple is overstepping its authority in enforcing copyrights.

In a letter to the court, Apple stated that Rudy Pedraza, Psystar's CEO, failed to answer discovery questions about 90 times after stating he didn't know or couldn't remember information about his company. According to the letter, Mr. Pedraza "stated approximately 90 times during the deposition that he did not know or recall answers to basic questions about Psystar's sales, its general costs and profits, its costs and profits by product line, [and] how it determines prices and profit margins."

Psystar, however, contended that since it isn't as big a company as Apple, it doesn't have the resources available for highly detailed accounting. The company also claimed that Apple has received more detailed information from third-party subpoenas, so it shouldn't need to provide additional data.

The court's May 18 deadline includes requirements that Psystar produce documents related to its June 2008 profit and loss statement, financial statements referenced in its opposition letter, records for the parts used to build its products, bank statements from April 2008 through September 2008, and the missing attachments from email records that have already been submitted to the court.

Psystar must also produce someone that's competent to testify about its financial records by June 3.

One attorney familiar with this type of case told TMO "The bottom line is that Judge Alsup was unpersuaded by Psystar's opposition to Apple's motion to compel and granted Apple pretty much everything that it was seeking in its motion."

The proposed order was prepared by Apple's legal team, most likely at the request of Judge Alsup. Assuming the order is in line with what the Judge requested, he will likely approve it in short order and start the countdown to the May 18 deadline.

 

Post A Comment or Log-in. Need an account? Register here.

7 Observer Comments

What happens if they fail to comply?  At what point will this ridiculous charade Psystar is putting on be forced to halt?

I like his excuse;

“it doesn’t have the resources available for highly detailed accounting”

I wonder if the IRS will accept this when I next get ‘looked at’ smile

   Actions Lee Dronick said on May 11th, 2009 at 11:48 AM (Edited: 10/18/2011 6:20 PM):

What happens if they fail to comply?

I would think that they would be in contempt. Then Marshals could seize records from their offices and banks could be directed to provide Psystar account records.

Disclaimer - I am not a lawyer, just someone who always get seated on a jury when summoned.

Court’s don’t write orders. The party filing the motion includes a proposed order. If you win the motion, that order will be entered. Sometimes, a Judge will want a proposed order modified.

The plot thickens.  This is so shady that I since the presence of Organized Crime.

Pleading ignorance does not win court cases.

In a letter to the court, Apple stated that Rudy Pedraza, Psystar’s CEO, failed to answer discovery questions about 90 times after stating he didn’t know or couldn’t remember information about his company.

Just call him Alberto (Gonzales). Heck, if it worked for an Attorney General, why wouldn’t it work for Pedraza?

Post A Comment or Log-in. Need an account? Register here.
 

Recent Headlines - Updated May 27th

Sat, 10:00 AM
MacOS KenDensed - MacOS KenDensed: Apple’s Patent Lawsuit & Antitrust Shuffle
Fri, 5:58 PM
News - Sotheby’s to Auction Steve Jobs Atari Memo (Photo Gallery)
5:42 PM
Free on iTunes - 3 Free iOS Apps for News Hounds
3:00 PM
Rumor - Nest Thermostat Reportedly Coming to Apple Retail Stores
2:40 PM
Particle Debris - The TV Industry’s Dreadful Little Secret
2:33 PM
News - Mobile Devices Account for 20% of Web Traffic in US, Canada
12:49 PM
News - Apple Now Offering “Free App of the Week” for iOS
12:21 PM
News - Tim Cook Declines $75 Million Dividend Payout
11:25 AM
News - Absinthe 2.0 Provides Untethered Jailbreak for iOS 5.1.1
11:09 AM
Quick Look Review - F18 Carrier Landing (iOS) is a Boatload of Fun
10:51 AM
TMO Appearances - Jeff Gamet talks Cool Apps & Accessories on Not Another Mac Podcast
10:12 AM
Hot Forum Topic - Forum Poll: Which is Your Favorite Photo Sharing Service?
 

The Mac Observer Reader Specials

  • Macsales Add 2nd Hard Drive or SSD to Mac mini, MacBook or MacBook Pro. 1TB of Hard Drive or SSD Capacity from $64.99! Video Guides Make it easy - OWC DataDoubler - Macsales.com
  • Mac RAM Upgrades: MacBook Pro 16GB kits $475, 8GB Kits for $119.99! iMac 16GB RAM Kits (4x 4GB) for $229.99! Mac Pro Memory 32GB Kit for $399.99, 64GB Kit for $889.99! Mac Hard Drives 2TB Seagate SATA II for $249.99! Click Here!
  • Macpokeronline.com If you're using a Mac, then you've gotta check out PokerOnAMac.com. Online casinos and poker rooms are literally giving away cash and the casino sites at Poker on a Mac do the unthinkable, they actually reward! Join today, the download is free!
  •  Looking to find online casinos for mac? We can help you find the best real money casino sites where you can play your favorite casino games including blackjack and slots.

Apple Stock Quote (AAPL)

Loading...

Hot Topics

TMO Express

Join the TMO Express Daily Newsletter to get the latest Mac headlines in your e-mail every weekday. Find out more!

Top Deals From DealBrothers.com

Recent Features

Support The Mac Observer

We noticed you may be running AdBlock on your computer. It takes real money to run this site and to deliver the news, tips, and opinions you love to read.

If you wish to block the ads that pay for the creation of our content, we ask that you instead support TMO Directly, either with a $5 monthly recurring contribution, or a one-time donation of any amount of your choice. Thanks!

Subscribe with Paypal Donate with Paypal