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Psystar lawyer denies possible settlement with Apple

updated 12:15 pm EDT, Wed October 22, 2008

Psystar: No settlement

People should not get the impression that Apple and Psystar are on the verge of a settlement, says a lawyer for the latter company. Colby Springer admits that the companies have entered into Alternative Dispute Resolution, but says this is just a program required by the Northern District of California, and should not be interpreted as a sign that any understanding has been reached. "Quite frankly, all the talk about entering negotiations is really a non-story," says Springer. "The case is very much alive."

Although a settlement is possible, ADR was imposed on the two companies by a judge, Springer notes, and may only continue until the judge decides no alternate resolution is possible. The outstanding court cases are expected to progress in parallel with ADR sessions.

Legal battles began when Apple sued Psystar over its Mac clones, which the former says violate the End User License Agreement for Mac OS X Leopard. Psystar then filed a countersuit, claiming that Apple has a monopoly over Mac sales which inflates prices and makes it impossible for others to do business. This charge was countered in a dismissal motion, but Psystar has since fought back by citing quashes of motions in similar Apple antitrust suits. A ruling on the matter is expected November 6th.




by MacNN Staff

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Comments

  1. Bobfozz

    Joined: Dec 1969

    +5

    No Sympathy for Pystar

    How can you have faith in a "company" who has no original contributions except to take from others? Apple didn't join that "revolution" when hardware companies started cannibalizing IBMs desktops even though the pro(phylactic)s said it made good business sense. As far as I know, no company has ever taken the blame for integrating THEIR software on THEIR hardware--it simply stops a lot of issues when the front end and the back end are merged. I hope Apple doesn't give up and that they spend their money to put this MONKEY company back into the Stone Age. Then they will have ample precedent in case anyone else tries it. Sometimes that's what that extra cash is for. Let Pystar spend its way into bankruptcy. Again it's the old song: if you can't afford it--don't buy it. Those Pystar folks took some bad advice from someone. Wanting something doesn't mean you can have it. Embrace those PCs... love 'em but don't bring your idiocy to Apple.

  1. Guest

    Joined: Dec 1969

    +4

    It would be sad

    It would be very sad for any legit company out there if Pystar came out of this a winner. I surely hope the justice system does not allow their scam to go on.

    I surely hope Pystar will not last long and that this will be the last nail in their coffin. Shady business should not be allowed to exist and damage legit ones.

  1. r00b69

    Joined: Dec 1969

    +2

    An easy fix

    Apple could take the wind out of their sails. The fact that this product exists is proof that there is a market space for a Mac that's between the Mini and the Pro that isn't the iMac. If Apple would for once listen to the cries of the faithful and give us a small or mini tower Mac with some expansion, then all this would be moot. I hope the newly rumored death of the Mini and the new Nvida desktop chipsets are foreshadowing a new member of the Mac family.

  1. ibugv4

    Joined: Dec 1969

    -7

    I hope Psystar wins

    I love OS X, I hate Apple's choice in hardware. Let me have the OS I like mated to the hardware I want.

  1. vasic

    Joined: Dec 1969

    +5

    ibugv4

    While your arguments may be valid for wanting APple to lose, that simply won't result in what you want.

    Apple simply cannot be forced to allow others to use its OS. That OS is Apple's property. There is no legal force on this planet that can require it to separate it from the hardware. Plenty of precedents here, so unfortunately for you, your only choice of Mac OS X- capable hardware will be the Macs that Apple makes.

    And who knows, perhaps there WILL be a cheaper 'headless' Mac in the near future.

  1. PRoth

    Joined: Dec 1969

    +2

    Beat the dead horse!

    Isn't this kind of like forcing BMW to make their engines available for use by a company like Kia in the manufacturing of their cars?

    I guess there's nothing stopping you from buying both types of cars and doing whatever the h*** you want after the fact... Go ahead de-pimp your ride.

    If someone wants OS X to run on their own custom hardware, go right ahead... buy a Mac with the OS X installation CD... Buy the PC hardware of your choice... De-pimp the PC in your garage, use the Mac as a doorstop and live happily ever after. It isn't impossible, is it? Otherwise, respect the law and stopping fabricating s***. Psystar seems like that whiny, mouthy, annoying, snot-nosed schoolyard kid with a bad sense of entitlement that you just want to pummel. Let's move on, shall we?

    By the way, I'm no Apple fanboy or whatever these people are referred to. I find Apple products convenient compared to the endless stream of c*** related to the everyday use and periodic maintenance of PCs.

  1. Feathers

    Joined: Dec 1969

    -3

    But...

    "...There is no legal force on this planet that can require it to separate it from the hardware..."

    Actually, if software and hardware are considered two distinct markets (which I think they are), there are plenty of precedents for the divorcing of the use of a privileged position in one market to influence the dynamics of another market. Or, put another way, if it could be proven that Apple was using the software lock-in (or worse, modifications to software) to prevent the purchase of hardware at lower cost or force the purchase of hardware at an inflated cost (the two not being the same), there is a very real possibility of some form of anti-competitive if not monopolistic finding. It is undeniable, that the very purchase of a Macintosh with OSX pre-installed, limits choice in terms of the addition of both hardware and software.

  1. Guest

    Joined: Dec 1969

    +1

    to ibugv4

    It seems that few people understand that it is the SOFTWARE HARDWARE that truly make a difference. I hope Apple wins this one. Are their products expensive ? Yes, to some. I have an older iBook G4, can I afford a new one now? No, do I blame Apple for it? NO! They should be able to profit from their products, that is how things work. Companies are here to make money, they are not a charity. I'm a geek, I run OSX and all sorts of other OSs for fun and work in whatever setup I please, but that is all, I don't try to profit from it and moan that I can't invent anything so I will steal someone else's idea.

  1. Guest

    Joined: Dec 1969

    -1

    to ibugv4

    It seems that few people understand that it is the SOFTWARE HARDWARE that truly make a difference. I hope Apple wins this one. Are their products expensive ? Yes, to some. I have an older iBook G4, can I afford a new one now? No, do I blame Apple for it? NO! They should be able to profit from their products, that is how things work. Companies are here to make money, they are not a charity. I'm a geek, I run OSX and all sorts of other OSs for fun and work in whatever setup I please, but that is all, I don't try to profit from it and moan that I can't invent anything so I will steal someone else's idea.

  1. Amundyeus

    Joined: Dec 1969

    +2

    @ Feathers

    Apple also provides the OS as a separate product (so not only including it with the hardware)

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