Mac Ping!
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Posted on 11/02/2009 11:25:42 PM PST by Swordmaker
Psystar and Apple continue to battle it out, and things are coming to a head next month. They are fighting on two major fronts, and both will be the subject of oral argument on November 12. It looks like we will see an end, one way or another, of much of the first Apple-Psystar litigation. Psystar, I gather, would like this to be the end of this litigation, period, and then it will be on to Florida, I assume, for the second, the one over Snow Leopard, which Psystar has already been infringing, from Apple's point of view. Psystar has said it will accept an injunction of just Leopard, since it claims it isn't selling it any more anyway, and a nominal fine. All the rest of Apple's claims, it argues, are then moot.
But Apple would like this to go to trial on some trademark issues and other matters, which it sees as not mooted at all. It says it intends to seek disgorgement of Psystar's ill-gotten gains, by the way. And because Psystar can't possibly pay damages, it argues for a permanent injunction, but despite the recent ruling regarding Snow Leopard not being included in this litigation, Apple asks the court to fashion the injunction to include all its copyrighted Mac OS X software, not just Leopard, so Psystar can't continue to hop about infringing merrily along with each new version of Mac OS X.
As you recall, each side has filed summary judgment motions, with Apple opposing Psystar's motion but Psystar merely responding to Apple's. It knows it can't possibly win, I think, so it's just trying to minimize damages.
It's particularly in these arguments regarding summary judgment that we get the clearest picture yet of what this lawsuit has been all about.
(Excerpt) Read more at groklaw.net ...
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Why don’t you save us all some time and rule on this? How is it going to turn out?
It’s kinda like those Rockem’ Sockem’ Robots. Isn’t it?
Having read all of the pleadings the public is allowed to see, I think the judge will rule that Psystar is completely in the wrong, is in violation of the Software License Agreement, has been infringing Apple's copyrights, and been illegally using Apple's trademarks and tradedress. The judge will issue a broad injunction against Psystar and order punitive damages. I further think the judge will slap Psystar with sanctions for using the court for fishing expeditions to force Apple into revealing Trade Secrets which were not germain to the issue but which Psystar intended releasing publicly to damage Apple. I think the judge will order the disgorgement of all of psystar's profits illegally gained from usurping Apple's intellectual property and Psystar will then attempt to again declare bankruptcy which will probably be denied because of their previous use of bankruptcy to attempt to delay the California proceedings. The judge may force the recall and removal of Apple's software from all Psystar Open OS X computers sold.
I was thinking Psystar is "Weebles wobble, but they don't fall down!"
Thanks. That shortened this thread considerably.
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