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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.

by MacNN Staff





  1. Guest

    Joined: Dec 1969



    I hope the judges and lawyers realize how bad for the industry in general psystar victory would mean.

    Comment buried. Show
  1. Guest

    Joined: Dec 1969


    Hope Not

    I hope judges can see the real truth and rule out Apple's kingdom of OVERPRICING AND OVERHYPING EVERYTHING IT SELLS TO CREATE A NICHE BRANDING IMAGE!...

    talking and bullshiting about products that works on 1000000s of configurations is only a no brainer brand...

    i would like to see them forced to open up the platform so they can compete fair and see the same challenges as the MS does...

    I can hear the fanboys screaming defending apple, but only stupid people could stick to the same lies as apple is implying as not as expensive, and very stable dont crush, very secure LIES....

  1. Guest

    Joined: Dec 1969


    Hope so

    I must say that I've been disappointed with Apple lately. They've lost their focus on the Mac and I've been quite frustrated. Nonetheless, I still don't see a problem with anything they are doing. If you don't like Apples rules then don't buy their products. Don't like the iTunes rules, don't buy an iPod. Don't like the license agreement then don't buy os x. by the way, i'm sure pystar didn't pay for all the copies of os x there putting on these machines.

    Comment buried. Show
  1. Guest

    Joined: Dec 1969


    Go Psystar!!

    You have to hand it to Psystar.

    Not only are they sticking to their guns, but they are also building machines WITH FIREWIRE!!! Yes, FIREWIRE!

    Can anyone, off the top of their head, name a discrete video card out on the market today that has displayport? No??

    Didn't think so....

  1. dynsight

    Joined: Dec 1969



    Ubuntu anyone? Windows XP is not bad either.

    Me, I like OS X, and Apples products. The selection is smaller, since their market is smaller. But I will say this... I bought my 17" Macbook pro over 2 years ago, and it is still a powerful machine; It does a great job with Carrara, Illustrator, VMwarefusion, Aperture and Final Cut (and a 5GB MySQL database)

    I have associates who bought lower end HP machines around the same time (within 2 months before and after) and their computers are showing strain with SQL server, visual studio and Photoshop (yes photoshop!). Some have upgraded to Vista, but most are still running XP.

    Because most Apple machines are high(er) end, you will get a little more life out of them.

    If you don't like them, you have choices.

    I am sure there are many out there who would love to run PS-3 or WII on different hardware...but you cannot. The company that invested all the money in research and development has to be allowed to harvest the fruit of that investment.

    If not, there will be no further innovation.

  1. dynsight

    Joined: Dec 1969



    There could be an argument (not sure of the issues) that Darwin is based on FreeBSD, and OS X as an operating system is breaking the tradition and intent of Open Source.

    That would be an interesting argument!

  1. panjandrum

    Joined: Dec 1969


    Competition = Good

    Only those with heads in the sand - or deeply inside Steve Job's Reality Distortion Field (tm) - would argue that competition is bad for the consumer. I'm a huge Apple fan. I have 8 (yes, 8) functioning Apple computers in my house right now. But I've somehow never caught the "idiot-boy" bug wherein the truly devout Apple fanatics become religious in their all-consuming faith. Apple products are not perfect, Apple isn't perfect. Good? Yes! Usually better then just about anything else out there? Yes! But not perfect. If you want, for example, a fast 13" laptop running Mac OS X with a Matte screen and firewire then there should be a resource for you. That's consumer choice and consumer power. In the end it even makes Apple a better company.Go Psystar go! It is time for Apple to have competition.

  1. mytdave

    Joined: Dec 1969


    Psystar dangerous

    The 2nd guest poster is clueless. Psystar's actions are dangerous. If they were to win at any level, it threatens our entire electronics ecosystem. Thousands, if not millions, of companies have software/hardware combinations and embedded systems that are unique and necessary for proper operation.

    If a Psystar suit won and were to force Apple to divorce all software from hardware, you would not have devices like Macs (obviously), iPhones, iPods, AppleTV, AirPort and others. These all have embedded software that makes them operational.

    What about your car? Do you think that Toyota should be forced to open up their hardware/software platforms to other car makers?

    What about Cisco? Do you think that all the Cisco routers and switches that make the internet function run on a generic OS like Linux? NO! Cisco makes their own proprietary IOS which is one of the main competitive advantages.

    This is a dangerous, dangerous slippery slope with the potential to unravel all that companies have accomplished over decades, and strip away competitive incentive in the market place. Stupid selfish b*******.

  1. ggirton

    Joined: Dec 1969



    This is SO not newsworthy. Anyone with an ounce of sense can see that Psystar (psystar?) is doomed. They have been doomed from the beginning. These stories are meaningless.

  1. testudo

    Joined: Dec 1969


    Re: However

    There could be an argument (not sure of the issues) that Darwin is based on FreeBSD, and OS X as an operating system is breaking the tradition and intent of Open Source.

    Which is why very few people actually use or consider Darwin as an open source choice.

    But, remember, when Apple launched Darwin and "going open" and all, they used their own license to make sure that anything they did could be kept secret, and anything anyone else did had to go back into the pool.

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