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Apple, Psystar move to set trial date

updated 03:20 pm EST, Mon November 3, 2008

Apple, Psystar set date

An advance out-of-court settlement in the dispute between Apple and Psystar is now unlikely to happen, filings show. The two companies have been involved in a process called Alternative Dispute Resolution, designed to avoid the time and cost of a court battle; both corporations are recently, however, said to have asked a judge to authorize a proposed court schedule, in which fact discovery would end in late June of next year, and a trial would be set for November 9th. Actual dates could vary substantially.

"The Parties do not believe that this type of case can be handled on an expedited basis with streamlined procedures," the filing reads. Psystar lawyer Colby Springer may have hinted at this decision in late October, when he insisted that ADR was merely a mandatory process, and that no peaceful solution to the lawsuit was at hand.

Apple filed suit against Psystar in July, accusing the company of violating the license agreement in Mac OS X by installing Leopard on unauthorized PC hardware. Psystar in turn filed a countersuit, on the basis that the license creates a monopoly over Mac sales that eliminates competition. Apple has moved to have the latter case dismissed, and a ruling is due November 6th.

by MacNN Staff



  1. Bobfozz

    Joined: Dec 1969



    It's insane to ponder how Pystar can legitimately believe that Apple cannot control the software to go only on their own hardware. Apple has an integrated frontend and backend system. This was done on typesetting systems and other computer systems for eons. I can't think of even ONE reason how this can be considered except one: Pystar's lawyer, unless he is a real putz (like the Pystar exec. himself), is probably not taking this on as a contingency case and has already charged significant fees to Pystar. Who would want this guy to try and win a case for them?
    But it wouldn't be the first time someone like Pystar thought they were "right" because they've invented their own system of justice. Apple has the money to squash them but I don't think this is what Apple's about. They want to stop future idiots from doing this. But it also seems doubtful that anyone out there is a stupid as this guy.
    How can anyone NOT have a monopoly on their own hardware and software? This is nuts.

  1. dizzle

    Joined: Dec 1969


    with all due respect

    to the author of this article, you do not know what you are talking about. Please leave writing about legal issues to people who actually know something about the law. Seriously. Let me educate you. That filing is REQUIRED BY THE COURT and has absolutely NOTHING to do with the potential or not for settlement. Your whole article is so wrong, it is embarrassing. Yes, I write on Apple legal news, but I also am a legal assistant and know the basics of Federal Court Procedure. Unfortunately about 2% of what people write on this is correct. Seriously I would pull this article if I were you.

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