Apple V. Psystar Ping!
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Posted on 05/09/2009 7:57:55 PM PDT by Swordmaker
A few days ago, Apple filed a motion with the court seeking to compel Psystar to hand over financial documents pertaining to revenues, profits, purchase receipts, and invoices. Psystar responded by saying that it wasn’t in possession of the documents sought by Apple, and that some of mentioned financial records didn’t even exist.
In a somewhat dubious series of claims, Psystar asserted that a) it lost pertinent documents in a move and b) it doesn’t keep basic financial records such as profit/loss statements because they’re a relatively new and small company. Not surprisingly, the court didn’t buy what in my opinion was blatant BS and granted Apple’s motion to compel.
Psystar has until May 18 to produce the following array of documents:
Apple had also complained that during his deposition, Psystar president Rudy Pedraza was curiously unable to recall even basic financial information about the company he’s in charge of running.
Consequently, Apple requested that Psystar make available for deposition, at their own expense, an individual who could answer those questions.
In regards to the above request, the court again sided with Apple, and Psystar has until June 3, 2009 to provide a Psytar representative capable of speaking about and knowledgeable of Psystar’s financials.
All in all, Psystar was on the receiving end of a legal beatdown from the court. Well maybe that’s a bit extreme, but the bottom line is that the court simply isn’t buying into Psystar’s overtly half-ass attempts to skirt around Apple’s discovery requests.
I think that once Apple gets a hold of Psystar’s bank statements, things will get real interesting real quick (I’ve of course bought into the theory that some person or company is bankrolling Psystar’s operation).
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I told you so, Dennis.
But now I think it's pretty clear that somebody with an anti-Apple axe to grind is behind, and bankrolling, Psystar. it's just too reminiscent of SCO/Microsoft's anti-Linux crap 6 years ago.
Something stinks.
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Is this the way it's always been, or has something changed? I thought there used to be a "servers" page....
Yep, it’s getting interesting all right... :-)
You said — Something stinks.
—
Yes indeed...
And a fleeting thought of mine (too) was, in “wondering” why some “small-time entrepreneurs” would lose all this money in court, when it was very obviously a losing proposition — was if it was funded by South American drug money..., for money-laundering purposes — especially with the kind of “bookkeeping prowess” that they are demonstrating here... LOL...
Dennis hasn’t been seen around much since I smacked him around in the cash for clunkers thread where (as usual) he made wild assertations then claimed I was making things up even after I provided citations to prove him wrong:
http://www.freerepublic.com/focus/f-news/2245895/posts
Regarding "what they do", it looks pretty much like a way to peddle "hackintosh" technology. If successful they end up with an interesting mailing list don't they ~ that'd be worth an awful lot more than what they can make with their deals.
Regarding "deals", there are a gazillion guys out there who know how to do the "hackintosh" tricks, but there are only a few who are successful at reconfiguring Mac to PC and PC to Mac to operate as universal gaming platforms. They appear to be the primary target for this company's advertising (which may or may not be legitimate). But like I said, that mailing list would go for many millions of bucks to the right people in China or Korea or Japan since the guys on the list would be the cutting edge of the next step in gaming technology.
Rumors last week were that the Psystar boys are coming out with an Apple OS netbook. Given this new activity they should emerge ok.
The banks will furnish the info. Big deal
Um, most of the missing documents don’t come from the banks, dennis.
If Psystar is really a little startup with ~20 employees, then clearly they are OEM'ing this "netbook" and merely re-badging somebody else's product. Not that there's anything wrong with that. But MS is finding out how crappy their huge bloated OSes run on netbooks (hence their panic to get Win7 on a diet).
I have decent respect for OS-X, but small it ain't. How does Psystar describe the alleged performance of their alleged OS-X netbook?
Some, yeah, But most of it has to come from Psystar records.
Given their penchant for OS-X, I believe they are probably using the well-known Mac commandline "Psystar financial data generation tool", known as "jot -r":
jot -r 10 1000 100000See how easy? Numbers are easy to generate...
You’re forgetting that the iPhone, which has even less power than a netbook, is running OS X and has more than acceptable performance.
Hate to see how Psystar would “slim down” the retail full-house OS X, though.
I've got an iPod touch (pretty much an iPhone minus the cell radio), and enjoy it, but I have a hard time believing it's got a full copy of OS-X in it. A fiercely cut-back subset and the same API's, sure.
> Hate to see how Psystar would “slim down” the retail full-house OS X, though.
Me too. And they would accomplish this process with what engineering resources? hell, they can't even find a person to do their bookkeeping, to hear them tell it...
Mac users are accustomed to a rich experience. The handhelds get away with it because they've got uber-cool aspects the big machines don't. I have a hard time believing Psystar could put Apple's OS-X on some random OEM'ed netbook, and have it run worth a damn.
Yeah, as I’ve said elsewhere, it’s slimmed down and sans a lot of the libraries. Most of the libraries that are gone wouldn’t make sense - I mean, CoreImage certainly isn’t needed, and Aqua doesn’t make sense on a smartphone either.
However, the core OS is still there and wholly intact.
[Displays ignorance of what's in my own iPod]
By "core OS" are you speaking of the underlying BSD Unix, the Apple extensions to BSD, the GUI and app support, all of the above?
What’s there is basically the entire BSD/Darwin core OS, some of the Apple extensions to BSD. The desktop GUI (Aqua) isn’t there because it doesn’t make sense on a touchscreen and much of the GUI app support is missing.
On the other hand, there’s a fully functional CLUI BSD workstation under the iPhone/iPod Touch interface. Right down to the mach kernel. People have even been able to install OpenGL via command line, then run one of the open source GUIs on the things.
At one point before the App Store came out, I had my iPhone jailbroken and was running boatloads of *nix CLUI apps on it.
So they escalate pirating someone else's intellectual property to sell even more infringing computers and "the should emerge ok?" The Judge has ALREADY told them they now have to pay Apple's costs on the further discovery now required. That is not a trivial sum, seeing as how they will be paying to fly Apple's lawyers to Florida for the depositions... with charges door-to-door. I wonder how many lawyers and paralegals will be able to make the trip?
Their so called "OpenServer" is sold with a desk-top OS. Where is OS X Server? How about seat licensing? How many other ways can these idiots come up with to dig their hole?
Nor do the banks HAVE the data... and they are not party to this suit, so they have not been subpoenaed. Finally, without Psystar's proper responses to the interrogatories, how is Apple to KNOW which banks Psystar has stashed its cash in? That is what this is all about.
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