Apple looks for Psystar backers
p2pnet news view Products | Freedom:- Slowly but surely, Apple is hammering would-be competitor Psystar into the ground.
The company had argued its OpenComputer product, shipped with a fully licensed, unmodified copy of Mac OS X, was, “simply ‘leveraged open source-licensed code including Apple’s OS’ to enable a PC to run the Mac operating system,” said CNET News, quoting Psystar founder Rudy Pedraza as saying he wanted to make Apple’s Mac OS “more accessible” by offering it on less expensive hardware than Apple.
Apple sued Psystar and Psystar counter-sued Apple, but the latter’s anti-trust lawsuit was dismissed.
Now Apple is going after Psystar’s backers.
Says Groklaw »»»
Apple has filed a motion to amend its complaint [PDF] to add a claim of violation of the DMCA, among other new and enlarged claims. Here’s the proposed Amended Complaint [PDF]. So, not only have all of Psystar’s counterclaims been thrown out, but now it faces new claims. But here’s the big news. Apple alleges that it believes there are corporations and/or individuals behind Psystar, who may be added as defendants once Apple in discovery finds out who they are. Woah. Here’s the new paragraph that made my eyes bug out:
18. On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10 (collectively the “John Doe Defendants”). On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple’s intellectual property rights, breached or induced the breach of Apple’s license agreements and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants’ true names and capacities when they are ascertained.
So, Apple apparently believes that somebody else is behind Psystar, which might help to explain why a major law firm would take on what seems like a fly-by-night’s case; also why Psystar has been so bold in continuing to sell its products. I knew this thing felt funny. As Alice in Wonderland might put it, “It gets interestinger and interestinger.”
Psystar has stipulated, consenting to the relief requested in the motion, so it will now happen and without a hearing. They have no hope of blocking this motion, I think, because it’s timely, it’s in good faith, and there is no prejudice to Psystar, since it’s so early in the litigation and there’s plenty of time for discovery. Apple makes all those points. So Psystar stipulated.
Stay tuned.
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would-be competitor – Apple sues Mac cloner Pystar, July 16, 2008
OpenComputer product – Mac clone maker Pystar sues Apple, August 27, 2008
CNET News -Psystar responds to Apple suit, will countersue, August 26, 2008
dismissed – Pystar vs Apple — case dismissed, November 19, 2008
Groklaw – Apple Tells Court It Believes Someone Is Behind Psystar; Adds New Claims, Including DMCA Violation, December 3, 2008
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December 4th, 2008 at 12:20 pm
“Pystar”?? funny
Psystar
December 4th, 2008 at 12:34 pm
^^ Thanks (blush).
I’ve been making that mistake for an embarrassingly long time.
Cheers!