Psystar Ready to Take On Apple with “Guns Blazin”

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Psystar, the company Apple is going after for making Mac-compatible clones without authorization, is apparently ready to take on Apple in court with "guns blazin'" come January 11, 2010. The PC maker has been tangled up in Apple's legal Web for months over copyright violation claims.

"A new trial date has been set for January 11, 2010, in federal court in San Francisco. As we move toward trial, we'll be keeping you informed about the arguments, the evidence, and what's going on in the case," the company said on its Web site. "And, come January, Camara & Sibley will be ready to fight for Psystar, guns blazin'. We hope to see you there!"

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 claimed that it should be allowed to build and sell PCs with Mac OS X pre-installed and that Apple is overstepping its bounds by blocking companies from selling Mac clones.

That case stalled temporarily, however, when Psystar filed for bankruptcy protection in Florida due in part to its extensive legal bills. According to Psystar's filing the company owed Carr & Farrell, its legal team at the time, nearly $88,500.

The Florida court granted Apple's request to lift the automatic stay on its case, and shortly after Psystar moved to drop the bankruptcy saying it couldn't deal with the two cases at the same time. The Florida court hasn't yet agreed to drop the bankruptcy filing.

Psystar has since split from Carr & Farrell to hire Camara & Sibley -- the legal firm that's known for defending Jamie Thomas-Rasset against the RIAA in a trial that went poorly for her since she was ultimately hit with a US$1.92 million judgement.

Apple and Psystar are due to appear before a Magistrate Judge on July 30 to discuss the possibility of a settlement in the case, but there is no guarantee the two sides will reach an agreement on that date or before their scheduled trial on January 11, 2010.

According to Psystar, "Apple's copyright on OS X doesn't give Apple the right to tell people what they can do with it after they buy a copy. Apple can't tell an applications developer that it can't make a piece of Mac-compatible software. They can't forbid Mac users from writing blogs critical of Apple. And they can't tell us not to write kernel extensions that turn the computers we buy into Mac-compatible hardware."

Psystar's online horn-blowing, however, may not hold up in court. "Most of what Psystar says in this article are beside the point. Apple is asserting its right to prohibit OS X appearing and being expressed on anything other than computers or disk that legally carry Apple's trademark," an attorney familiar with this type of case told The Mac Observer.

He added, "All that stuff about writing kernel extensions and Mac compatible software would only have relevance to the extent that it involves an infringement of Apple's intellectual property rights in its software."

Psystar may be ready to head into court with its guns blazing, but the company may be in for a surprise if it shows up only to find that Apple's legal team likely carries bigger guns.

 

Comments

Oz

The problem with coming in with guns blazing is that you more likely than not to shoot yourself in the foot ....

B9robot

28 Billion dollars in the bank and no debt, Apple can afford the biggest guns easily.

Lee Dronick

Will they be holding the pistol sideways?

deasys

That’s $31.1 billion in the bank. It’s hard to keep up these days…

deasys

Psystar—the Plaxico Burress of screwdriver shops!

cb

Will they be holding the pistol sideways?

Ten points for you if that’s a Simpsons reference.

Lee Dronick

en points for you if that?s a Simpsons reference.

Chief Wiggums - “That’s nice police work there boys!”

cb

?That?s nice police work there boys!?

Well, Sir, we can give partial credit. I remember a more specific scene where one of the two officers asks something like, “Hey, Chief, can we go in holding our gun sideways like this? Looks really cool.”

Lee Dronick

Well, Sir, we can give partial credit. I remember a more specific scene where one of the two officers asks something like, ?Hey, Chief, can we go in holding our gun sideways like this? Looks really cool.?

Full credit please. Officer Lou said that. Well there are only two Springfield patrol officers that I know of, Lou and Eddy. So who is the deep pockets behind Psystar, Monty Burns, Side Show Bob, or the Rich Texan?

dczar

So Psystar files for bankruptcy since they couldn’t pay the legal bill and now they have a NEW legal firm to defend them so did they pay the previous firm’s legal fee? and if they were bankrupt, how? I can’t think the new firm would take the suit on contingincy considering that it’s not any slam-dunk and will probably lose.

Something doesn’t appear right here.

cb

Full credit please. Officer Lou said that. Well there are only two Springfield patrol officers that I know of, Lou and Eddy.

You know their names and I didn’t, so clearly I should not only restore full credit, but also add two bonus points. Well done, young Jedi.

So who is the deep pockets behind Psystar, Monty Burns, Side Show Bob, or the Rich Texan?

Hey! Don’t go trying to twist this back onto the actual topic, buddy!

Lee Dronick

Hey! Don?t go trying to twist this back onto the actual topic, buddy!

This could make a good Simpsons episode

Napple v Starpi

Napple would be represented by the phalanx of lawyers usually seen working for Mr. Burns

Starpi would be represented Lionel Hutz

The Judge could either be the Robert Bork looking one or the female who I believe is named Constance Harms

Starpi’s programmer would be the Comic Book Guy. “Windows, worst OS ever.”

Professor Frink would be an expert witness. “As you can see when I boot a Napple and a Starpi (Homer - Mmmmmm pie) there is no difference between the two operating systems.” At that point the Starpi bursts into flames.

Cletus Spuckler takes the stand “I bought a Starpi and when it broke Napple wouldn’t fix it! I want my money back!”

The Pimple Faced Teenager works at the Napple Store Savant Bar and takes the stand. “I told Mr Spuckler that the Starpi was not a Napple, but he said that because it boots into OasisX that it was.

cb

This could make a good Simpsons episode

Maybe. But I suspect that what happens in today’s proceedings will be even more entertaining.

Lee Dronick

Maybe. But I suspect that what happens in today?s proceedings will be even more entertaining.

Yes, too bad it isn’t being webcast

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