updated 12:45 am EDT, Sat June 13, 2009
Apple files Psystar motion
Apple has filed a motion against the now bankrupt Psystar, alleging that the now defunct clonemaker is utilizing an indigent image to shield itself from Apple's previous accusations. AppleInsider notes that Apple believes Psystar's bankruptcy was conveniently timed to cause more proceedings, thereby diverting questions about the company's inner workings in a deposition. Should the courts not agree with the new motion, Apple suggests Psystar could potentially continue to sell its clones uninterrupted, regardless of the operations legality.
In the motion, Apple references the instance when SCO Group's bankruptcy as a similar plot to Psystar's current efforts. SCO Group lost its lawsuit against Novell and was ordered to pay money on UNIX licensing. The money was never paid as SCO purportedly used bankruptcy as a defense against the money requests.
Apple is also alleging that the lawsuit it is striving for would be a practical matter, suggesting Psystar sort out the legality of its business and possibly reorganize itself under an "alternative business model." This could result in the company's ability to exit bankruptcy without nearly as much of a possibility of falling back into it.
Psystar has not responded to the motion yet, but can not legally ignore Apple's demands in court since it now lists Apple as a creditor for "Litigation Pending" costing $75,000.