Judge to rule on dismissal of Psystar countersuit
updated 01:10 am EST, Fri November 7, 2008
Judge to rule on Psystar
US District Judge William Alsup is preparing a ruling on the ongoing Apple-Psystar drama, wherein Apple is calling for a dismissal of Psystar's countersuit, regarding whether the former holds a monopoly on its own market. Macworld writes that the ruling is expected to occur within two weeks, detailing whether Psystar has a case against Apple, over their tight grip on the Mac ecosystem. A potential conflict of interests could also see a change in judge as well, should Psystar see fit to file a motion.
Apple attorney James Gilliland submitted that Psystar's own arguments worked against them. While Psystar's legal team painted a picture of absolute control over a single-brand market, Gilliland was quick to point out that the Mac clone maker "[admitted] the existence of competition" – such as Windows and Linux – in court filings.
Psystar also noted that Apple draws attention to the uniqueness of the platform as advertised by the Get a Mac campaign, and the overall cost of the platform as defining factors of the single-brand market. Gilliland countered that the advertisements compare the product to a competing brand, while hardware costs have no relevance to the case.
One of Apple's lawyers, Megan Chung of Townsend and Townsend and Crew, is a former law clerk of Alsup's, to which Alsup noted Psystar has until Monday at noon to file for a changeup, should it feel threatened by the proximity of the two.






Fresh-Faced Recruit
Joined: Nov 1999
Hope
I hope the judges and lawyers realize how bad for the industry in general psystar victory would mean.