Psystar is Back! The sequel …

Fri,03 Jul 2009 10:36 GMT -4:00 http://www.p2pnet.net/story/24435

- Apple nemesis Psystar is back.

Steve Jobs has much in common with the auld grey heads who run the corporate movie and music industries. For example, he loves DRM,  although he says he doesn’t, and he hates competition, although he says he’s all for it.

When computer upstart Psystar had the unmitigated gall to launch an affordable Mac clone, Stevo hit the roof and sued Psystar out of existence.

Or so he’d thought. But it’s back.

And not quietly.

Starting at $600, its Open 3 runs not only on Mac OS X (of course), but also on Windows Vista and XP ($550), and Linux.

And its Psystar Open 7, with an Intel Xeon processor and good for up to 12 gigs of RAM, is being sold for or $1,500.

“When life gives you apples, make apple sauce,” it says in a letter to customers, quoted by TUAW.

Here’s the legal table of events, as it’s outlined on the Wikipedia »»»

The end-user license agreement for Mac OS X forbids third-party installations of Mac OS X, and Psystar’s Mac clone is in violation of that agreement.[2] However, Psystar argues that Apple’s prohibition against third-party installations will not hold up in court: “What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?”[2] Psystar says it will continue to sell the Open system, adding “We’re not breaking any laws.”[2]

On July 3, 2008, Apple filed a lawsuit against Psystar in the District Court of Northern California.[3]

On August 28, 2008, Psystar Corporation responded to Apple’s claims of copyright infringement, and also countersued Apple for anti-competitive practices, monopolistic behavior, and copyright misuse.[4][5] This countersuit was dismissed on November 18, 2008.[6]

On December 22, 2008, Psystar opened the claim that Apple “is prohibited from bringing action against Psystar for the alleged infringement of one or more of the plaintiff’s copyrights for failure to register said copyrights with the copyright office as required” by law.[7]

On February 5, 2009, Psystar won a round as a modified abuse of copyright claim against Apple under Judge William Alsup, opening the door to a potential nullification of the Apple-only hardware rule in Apple’s EULA.[8]

In April 2009, Apple alleged that Psystar were withholding financial information relating to their company and that “at the deposition regarding Psystar’s revenues, profits, assets and liabilities (including investors, lenders or other sources of financial support), taken on March 20, 2009, 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.” [9] Psystar countered that they have never produced monthly, quarterly or yearly statements, that they lost some documents when moving premises, and that they have produced the requested information where available. [10]

On May 26, 2009, Psystar filed for Chapter 11 bankruptcy. Regardless, the company continues to sell their computers with Apple’s Mac OS X installed on them.[11]

On July 2, 2009, Pystar announced that they would emerge from Chapter 11 protection. [12]

Definitely stay tuned.

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First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi

July, 2009




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