An Italian computer maker is the latest company to ignore Apple's Mac OS X license agreement and launch a new series of Mac clones, according to the Italian site Macity. The startup Engineering Project recently launched a site promoting its upcoming EVO computers, which are allegedly compatible with several platforms including Mac OS X.
Psystar has begun offering its Mac virtualization technology in a software package, Rebel EFI, that allows users to install Snow Leopard on their own PC systems. The utility supports generic Intel hardware based on Core 2 Duo, Core 2 Quad, i7 or Xeon Nehalem CPUs. The Darwin boot loader can also be used to load Linux and Windows XP, Vista or 7.
Both Apple and Psystar have filed separate motions, requesting a summary judgement from Judge William Alsup in a San Francisco court, says AppleInsider. The two hearings are both set for November 12th, the outcome of which could determine whether the trial will take place in January. Apple has asked Alsup rule that Psystar infringed on its copyrights and violated the Digital Millennium Copyright Act by selling third-party machines that run Mac OS X. Apple believes the company has violated laws by circumventing its operating system's disc protection methods.
Mac cloner Psystar has announced a new OEM licensing program, designed to spread the company's virtualization software. Subscribers to the program gain access to the company's Darwin Universal Boot Loader (DUBL), which allows users to install Mac OS X on a PC, instead of just an Apple-branded Mac. Users can in fact have up to six operating systems on a computer, but hardware certified by Psystar must at least have Linux, Windows Vista or Windows 7 pre-installed.
Psystar shuffled its defense this week as one of the attorneys defending the Mac clone builder left its team. A filing has revealed that lawfirm Welker and Rosario's co-founder, David Welker, exited the team for unknown reasons but said he only played a small role in defending against Apple's copyright accusations. The defense member was responsible for filing some of Psystar's more recent filings, including those demanding Apple executives re-appear as witnesses, but said he neither worked with Psystar first-hand nor received pay for his efforts.
US District Court Judge William Alsup has denied Apple's motion to include Snow Leopard in its case against Psystar. Apple initially argued to keep the updated operating system out of the case by "relentlessly objecting to discovery on Snow Leopard," Alsup writes. The company was successful at keeping the issue separate, as the update was released after the discovery period had come to a close.
Psystar has already circumvented Apple's latest copyright-protection methods utilized in the Snow Leopard update. The clone maker is currently shipping its Open Computer systems with the new operating system, despite the ongoing legal battle between both companies.
Psystar's chief lawyer, K.A.D. Camera of the firm Camera and Shipley, is protesting allegations that he broke an order against sharing details of the company's legal battle with Apple. He is said to have leaked information to Charles Nesson, a Harvard Law School professor and the founder of the Berkman Center for Internet and Society. "The accusation that I have somehow violated the protective order is nothing more than an attempt to distract this Court from what is at issue in this round of supplemental briefing -- namely, Apple's complete failure to provide testimony from a corporate representative on damages," claims Camera in a recent court filing.
Mac cloner Psystar has filed a second lawsuit against Apple, this time contesting policies surrounding Mac OS X Snow Leopard. Psystar should have the right to buy Snow Leopard and install it on third-party computers for sale, the filing says. The suit moreover accuses Apple of illegally linking Snow Leopard to Apple hardware, creating monopolies in the trade of "premium" computers, and/or systems running Mac OS X as a platform. "Apple's share of revenue in the market for premium computers -- computers priced at over $1,000 -- is currently 91 per cent," Psystar attorneys note.
Apple's VP of worldwide product marketing, Phil Schiller, was "wholly unprepared and unwilling to testify" during a deposition last week, say attorneys for Psystar. The company recently called a string of Apple executives to testify in its battle over installing Mac OS X on third-party computers. In a filed complaint, Schiller is alleged to have been uncooperative, unable to provide any information on the damages Apple claims to have suffered as a result of Mac cloning.
Mac cloner Psystar is guilty of destroying important evidence needed to proceed in an ongoing lawsuit, Apple alleges in recent court documents. The case revolves around the end-user license for Mac OS X Leopard, which expressly forbids installing the software on systems not branded by Apple. Psystar sells PCs with Leopard pre-installed, which Apple suggests is a violation of the Digital Millennium Copyright Act due to the need to modify code in the operating system.
A group of Apple executives has begun to answer deposition in the company's ongoing legal dispute with Psystar, the latter party has revealed. People who have already addressed questions relating to Psystar's defense include John Wright, a senior software manager for Mac OS X, and Kevin van Vechten, a software engineering manager. Thursday saw questions directed towards Phil Schiller, Apple's senior VP for worldwide product marketing, and one of the company's most prominent public faces.
United States Bankruptcy Court Judge Robert Mark has granted Psystar's request for voluntary dismissal of its Chapter 11 proceedings, although the clone maker is restricted from submitting a similar filing for the next year. The judge also explicitly blocked the company from receiving an automatic stay if it chooses to pursue a Chapter 7 filing.
The Apple vs. Psystar case has taken yet another turn, as the clone maker on Tuesday announced that it has changed lawyers. The company will now be represented by Camara & Sibley LLP of Houston, Texas, the team that is also currently defending Jammie Thomas-Russet against a $2 million RIAA ruling. Psystar also hosts a new "community" page and a wiki that will disclose its methods and tips for running OS X on non-Apple hardware.
Apple's licensing infringement lawsuit against Psystar is progressing again, with the trial now scheduled for January 11, 2010. The proceedings had been delayed due to Psystar's bankruptcy filing, which the company recently moved to drop after the Florida court decided the Apple suit would still be allowed to continue.
Despite a recent Chapter 11 filing and the continuing legal battle, Psystar has introduced a new Nehalem-based clone. The company distributed an e-mail introducing its "fastest and most quiet computing configuration available," while reminding customers that the bankruptcy proceedings will not put an end to its continuing operations, according to ChannelWeb.
The judge overseeing Psystar's bankruptcy proceedings has granted an Apple motion calling for the resumption of a copyright infringement lawsuit, reports say. By entering bankruptcy, Psystar gained a temporary reprieve from charges of illegally distributing PCs running Mac OS X Leopard. The lawsuit is now likely to resume immediately, at least if Psystar chooses not to appeal, an attorney familiar with similar cases claims.
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.
Psystar already owes Apple $75,000, documents from the former's bankruptcy proceedings indicate. Psystar recently submitted a filing mentioning Schedule F debts, those to creditors with "unsecured nonpriority claims." Though Apple is on the F list, it is unknown what the money may be owed for. The only other explicit information from the filing is the phrase "litigation pending" under the section citing Psystar's consideration for the claim.
Legal costs account for the bulk of Psystar's outside debts, court bankruptcy documents reveal. Having filed for Chapter 11 protection late last month, the company has been forced to disclose what it owes and to whom. While the greatest amount of debt is situated in a $120,000 loan from the company's founder, Rudy Pedraza, another $88,000 is due to Carr & Ferrell, the lawfirm that has represented Psystar in its battles with Apple over Mac cloning. The firm has intellectual property experience and has successfully dueled with Apple in the past.
Psystar has filed for Chapter 11 bankruptcy protection through a federal court in Florida, documents show. Although a sign of serious financial trouble, the move will also grant the Mac cloner a temporary reprieve from an Apple lawsuit, charging Psystar with breaking the Digital Millennium Copyright Act and the license agreement for Mac OS X Leopard. All legal actions against Psystar have been put on hold while bankruptcy proceedings get underway; the hold may be lifted within a few months, at the discretion of the judge.
A Russian company, RussianMac, has begun shipping a wide range of Mac clones that come with OS X pre-installed. Despite the ongoing legal battle between Apple and clone-maker Psystar, RussianMac claims it does not violate the Mac OS X end-user license agreement. Along with drawing a unique interpretation of Apple's terms, the Russian company could be confident that it will avoid legal action as long as its business does not leave the country.
In response to Apple's accusations that Psystar is withholding information, the clone maker claims it has submitted any required documents. The company goes further and argues that Apple is not abiding by prior agreements. "The documents produced by Apple are generally publicly available documents that ignore the scope of Psystar's discovery requests," said lawyer Colby Springer in a court filing. Psystar claims copyright and trademark registrations still need to be produced, along with copies of litigation pleadings.
Psystar is failing to follow proper legal procedure, Apple has claimed in a petition to a federal court judge. The Mac cloner is specifically accused of interfering with the discovery phase of a current lawsuit, by refusing to produce balance sheets, monthly statements and other financial documents, although it has provided some cost and revenue receipts. "Moreover," states Apple attorney James Gilliland, "at the deposition regarding Psystar’s revenues, profits, assets and liabilities...Psystar’s CEO and founder Rudy Pedraza, the person designated by Psystar to testify on this topic, would not answer basic questions about Psystar’s financials."
Undeterred by lawsuits, Psystar this morning launched the Open(3) as its latest overt Mac clone. The system drops the conventional mini-tower for a slimline shape but is technically faster: the stock model uses a 2.8GHz Core 2 Duo desktop processor and now has the option of up to a 2.53GHz Core 2 Quad. Psystar further gives the clone space for a small dedicated graphics card and options for 802.11n Wi-Fi as well as three FireWire 800 ports or a USB Bluetooth adapter.
Following Psystar's recent amendment of its counterclaims against Apple, both parties have submitted a joint filing for protective order that aims to prevent the public release of any proprietary information during the discovery process that will lead into the trial. "The parties and their counsel have agreed to certain procedures and restrictions that they consider mutually acceptable for protecting personal, proprietary and confidential information that may be disclosed during prosecution and defense of this litigation," the filing read.
As made possible by a recent ruling, Psystar has filed an amended complaint in its countersuit against Apple. While the Mac clone builder has been forced to drop antitrust accusations, it is continuing with allegations of copyright misuse relating to Mac OS X. Leopard's End-User License Agreement (EULA) specifies that the OS can only be installed on an official Apple computer, something Psystar argues is an overextension of the Mac OS X copyright.
Despite a previous dismissal of Psystar's counterclaims against Apple, District Judge William Alsup has decided to allow the clone-maker to submit an amended version of its arguments. The court is likely to hear most of the copyright misuse accusations aimed at Apple, including allegations that the company over-extended the breadth of the Mac OS End User License Agreement (EULA). The first dismissal rejected any antitrust claims under the Clayton and Sherman Acts, while the recent decision trimmed away the unfair competition accusations.
Psystar has challenged a second Apple motion to dismiss the countersuit over the former's Mac clones, filings show. A first dismissal motion forced Psystar to drop any monopoly claims, but the company subsequently submitted a modified complaint, accusing Apple of abusing copyright to prevent fair competition. In rebuffing Apple's second dismissal attempt, Psystar has criticized Apple for maintaining a simplistic view of the lawsuit.
There is no conspiratorial effort being made to steal Apple's intellectual property, Psystar claims in federal court documents. Apple has accused Psystar of violating the license for Mac OS X Leopard by installing the software on third-party hardware; expanding on this, however, Apple has accused Psystar of having the help of 10 other people or companies, which it has been unable to name. "The true names or capacities, whether individual, corporate or otherwise, of these persons are unknown to Apple," a statement reads. "Consequently they are referred to herein as John Does 1 through 10."
Psystar has submitted a response to Apple's recently expanded list of claims. After a successful filing to have the court reject the clone-maker's initial counterclaims of monopolistic business practices, Apple added several DMCA-violation allegations to the suit. The basic defense against the DMCA accusations argues that the technological copyright-protection measures employed in Mac OS X are being used to monopolize the manufacture of Mac OS compatible hardware systems.
Psystar has submitted a modified counterclaim in its legal dispute with Apple, reports say. Filing in response to a tentative dismissal motion, Psystar has dropped any antitrust allegations under the Clayton and Sherman Acts, saying that while it "respectfully disagrees" with the court over definitions of monopoly, it will abide by them for the time being. It is nevertheless continuing a pursuit of Apple for copyright violations, referring to the legal concept of a "misuse doctrine."
Apple has stepped-up its lawsuit against Psystar, adding claims of Digital Millennium Copyright Act (DMCA) violations, according to Computerworld. The clone-maker is accused of reverse engineering the piracy protection methods employed in Mac OS X. "Defendant has illegally circumvented Apple's technological copyright-protection measures," the amended complaint states. The change comes five months after the initial filings, as the company has "discovered new information."
The latest development in the Apple-Psystar case may potentially see Apple stumbling over potential fines, as a recent filing shows that the company does not practice common document and email archiving etiquette. The Industry Standard reports that Apple maintains no company standard for email and document retention, a practice that can lead to millions of dollars in fines when adequate documentation is not found, when called upon in support of courtroom proceedings.
A countersuit filed against Apple by Psystar has been tentatively dismissed, documents show. Apple filed suit against Psystar in July, accusing the company of illegally installing Mac OS X on unauthorized hardware; Psystar retaliated with a claim of its own, arguing that Apple violates local and national antitrust regulations. In a 19-page ruling issued today however, judge William Alsup has sided with Apple, granting a dismissal of the countersuit should Psystar not improve the reasoning of its case by December 8th.
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.
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.
Psystar is preparing to follow up its recent Blu-ray desktop with a notebook that would also be capable of running Mac OS X, says a message from the company to an AppleInsider reader. Without providing details, the Florida PC builder acknowledges that an Open Computer notebook is "in development" and that the system should follow Psystar's usual practice of trying to undercut Apple on cost with a "very competitively priced" example.
Psystar has issued a defiant announcement regarding its Mac clones, claiming an advantage over Apple's own computers. The company says it is now shipping Mac OS X-ready PCs with both Blu-ray drives and GeForce 9800GT video cards, neither of which are available as an option on any official Macs. Psystar is particularly critical of Apple CEO Steve Jobs' comments during the recent MacBook launch, which described the Blu-ray format as "a bag of hurt."
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."
The heated legal battle between Apple and the Mac clone manufacturer, Psystar, has taken an unexpected turn that could lead to resolution without a trial, according to the Mac Observer. An attorney, who wishes to remain anonymous, has reported that the two parties agreed to try an Alternative Dispute Resolution (ADR). Although both parties have agreed to start the process, it is unknown which company initiated the action, or if it was a result of a judge recommendation.
Apple has formally filed to have a District Court Judge dismiss Psystar's monopoly countersuit, according to a ZDNet blog. This marks the latest move in the ongoing legal battle between the two companies. The court papers ask Judge William Alsup to dismiss the counterclaims with prejudice, which would protect Apple against the lawsuit and prevent Psystar from filing another similar suit in the future. The initial hearing is scheduled for November 6th.
In the ongoing Psystar-Apple legal drama, the clone manufacturer alleges that Apple holds a monopoly over the Mac OS hardware/software platform that artificially inflates the price of its equipment. ComputerWorld reports that Psystar is upset about kernel panics that Apple has purposefully strewn about the Mac OS to prevent it from being used on non-Apple hardware. These errors are usually reserved for when OS X experiences a fatal error.
Despite having been in operation for just three weeks, a company specializing in Mac clones is already putting itself up for sale, according to a website notice. Open Tech says it is now willing to sell the entire company, including branding, trade secrets and website, for a price of just $50,000. This amount can even be paid via PayPal, an extremely unusual move in the business world.
Psystar is "definitely still shipping" its Mac clones, in spite of an ongoing lawsuit from Apple, reads a message from the company. "Recently, our sales team has received several inquiries as to whether or not our systems are still available," the company says. "Psystar is definitely still shipping Open Computing products and we've introduced our restore utilities to enhance the computing experience for our customers at no extra cost."
One of the lawyers representing Mac clone maker Psystar -- which is defending itself in a copyright and trademark infringement suit filed by Apple -- says the case has been "mischaracterized," and is hinting that antitrust laws may come into play. Colby Springer tells Computerworld that the lawsuit is more complicated than just copyright or trademark issues, and suggests that the defense may try to paint Apple as a monopoly, exerting control over its software to limit competition in the hardware business.
Facing a lawsuit from Apple, Mac clone maker Psystar is showing signs it may be gearing up for a fight. The company has hired a California law firm that has beaten Apple in the past, according to a report in Computerworld. In court papers filed Monday, Psystar was represented by lawyers from Carr and Ferrell, LLP, who filed a request for an extension on a deadline to respond to Apple's lawsuit. Both sides agreed to the extension, which gives Psystar until August 18 to file a response. Apple claims Psystar violated copyright, contract, trademark and unfair competition laws when it installed and marketed Mac OS X10.5 on its OpenComputer and OpenServ machines.
A new company says it is joining the world of Mac clones, according to reports. Open Tech claims to be developing a new PC designed to run any one of several operating systems, including not just Windows XP and Vista, but Ubuntu and Mac OS X Leopard. Though people will be able to customize their hardware once the machine goes on sale, a tentative configuration includes a 3.4GHz Intel processor, a 500GB hard drive, and 3GB of DDR2 RAM. No release date has been set.
Apple has begun legal proceedings against Psystar, documents confirm. The suit is actually noted to have been filed on July 3rd, through the US District Court for the Northern District of California. Both Apple and Psystar have generally remained quiet on the issue, however, leaving discovery of the information to investigation.
Psystar, known mainly for its controversial Mac clone, says it has begun shipping two new servers, both of which have the option of pre-installing Mac OS X Leopard Server. Apple's licensing terms require Leopard to be installed on official hardware; Psystar's OpenServs, however, are unsanctioned and also compatible with server software such as Window Server and Ubuntu.
