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Apple Asks Court to Resume Psystar Case
The Mac Observer ^ | June 7th, 2009 at 2:04 PM | by Jeff Gamet

Posted on 06/08/2009 1:46:08 AM PDT by Swordmaker

Apple filed a motion with the U.S. Bankruptcy Court in Miami on Friday requesting a modification of the stay that is preventing it from moving forward with its case against Psystar in the Northern District Court in California. Apple's case against Psystar for selling PCs with Mac OS X preinstalled has been on hold ever since the PC maker filed for Chapter 11 bankruptcy protection at the end of May.

Psystar's bankruptcy filing put Apple's case in northern California temporarily on hold because all legal actions involving the PC maker are automatically stalled while the bankruptcy court begins its proceedings. Apple's Motion for Relief from the stay, if granted, would help minimize lost time while waiting for the bankruptcy case to run its course.

Apparently some 80 percent of Psystar's computer sales are Mac clones, and the company is still offering those PCs for sale. Since the automatic stay preventing Apple's case from moving forward could last for months, the company could potentially continue selling its unauthorized Mac clones the entire time -- something Apple is hoping to prevent.

According to Apple's motion, "Delay of the Infringement Action will permit Psystar to continue selling its infringing computer systems in violation of Apple's intellectual property rights with impunity, thus tarnishing the reputation of Apple's genuine products to Apple's obvious detriment."

Apple is also contending that without a resolution in its case against Psystar, the bankruptcy judge won't be able to approve a reorganization plan for the company.

Apple's case against Psystar is scheduled for a November 9 court date, but the bankruptcy stay could push that date into 2010, especially if the bankruptcy court judge denies Apple's request. Psystar, however, is likely hoping the judge denies Apple's request since it already owes its legal team over US$88,000 and most likely doesn't have the resources to deal with its bankruptcy and Apple at the same time.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: apple; bestcomputer; machasnoviruses; macintosh; macisbest; psystar; spamiswindows
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To: Mad Dawgg

Re: hoops, jumping through

Those “hoops” were the price Apple and we have to pay to have the rights to purchase digital music. They were not Apple’s dictate, they were they requirements of those who OWNED the copyrights to the music. Without those restrictions there would be no iTunes Store and no legally downloadable popular music. It has taken Apple over five years to get the music publishers to agree to loosen the restrictions.


41 posted on 06/08/2009 9:30:03 AM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Mad Dawgg

Re: media

By the way. The song you have purchased are not the “media.” As Marshall MacCluhan said, “The medium is not the message.”


42 posted on 06/08/2009 9:34:04 AM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker
"Without those restrictions there would be no iTunes Store and no legally downloadable popular music."

Strange that there are several Legal MP3 players on the market that have none of the hoops Apple iPod wants one to jump through.

43 posted on 06/08/2009 9:50:11 AM PDT by Mad Dawgg (will work for bailout bonus.... Twitter: maddawggmorgan)
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To: Mad Dawgg

Re: legal MP3 players

A player is not purchased music with DRM. You can have all the unDRM music you want on iTunes and your iPod you want on many computers.


44 posted on 06/08/2009 10:17:26 AM PDT by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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To: Swordmaker
"A player is not purchased music with DRM. You can have all the unDRM music you want on iTunes and your iPod you want on many computers."

I put iTunes/Amazon/Musicmatch etc. tunes on my MP3 player and can easily transfer them to any computer I wish as many times as I wish, iPods can't do this they have restrictions.

BTW you are the on claiming that iPods had to be designed in such a way that they cannot transfer music from one device to another without restrictions so there could be a music download industry I was pointing out that many MP3 players have no such restricitons like iPods. My MP3 Player allows me to use any download service and transfer any music file I wish.

45 posted on 06/08/2009 10:25:56 AM PDT by Mad Dawgg (will work for bailout bonus.... Twitter: maddawggmorgan)
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To: pnh102
the common law doctrine of first sale should trump this because as I own that particular copy of Mac OS (or any other product), I should be allowed to do whatever I want with that product, be it resell it at a profit or loss, use it as a Frisbee, feed it to the dog, or whatever provided I do not make unauthorized copies of the product.
Let's see . . . according to that doctrine I can buy a copy of a record and put it in a jukebox, and I get all the proceeds over and above the cost of the record. Is that your theory?

I don't think the record companies would go for that.

The PC software industry would have been throttled in its crib if database companies and so forth couldn't sell licenses for their software at a lower price for use on a PC without subverting their ability to charge the big bucks for use on a mainframe.

This whole fuss is about the fact that Apple makes a good OS (else why the desire to obtain the use of it on the cheap?), bundles that OS with their good-quality Mac computers, and then sells upgrades to the OS for a modest price as a way of maintaining the value of its customers' Macs over time, thus supporting the value proposition of its new Macs in the showroom. Rather than following the Microsoft business plan of imitating the best features of the competition (never leading the state of the art as Apple endeavors to do) and charging higher prices for upgrades which typically require hardware upgrades in order to be useful. Clones of Macs subvert the business model of Apple, which makes its money on the hardware with which it bundles the right to use its OS. And would if permitted to flourish force Apple to move toward the Microsoft model. Do we actually need two Microsofts?


46 posted on 06/08/2009 2:15:09 PM PDT by conservatism_IS_compassion (The conceit of journalistic objectivity is profoundly subversive of democratic principle.)
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To: Mad Dawgg

I have transferred music using my iPod to several computers. The only limitation there has ever been has had nothing to do with the iPod itself. The issue was the music labels required DRM and restrictions on how many computers a purchased song could be on, if it was purchased from the iTunes store. If you purchased actual CDs that were ripped to iTunes those could go to as many computers as you wanted. Using your iPod to do the transfer if you desired. If you purchase mp3s from Amazon those can be transferred using your iPod if you desire.

I’m not familiar with MusicMatch but I would guess that if it sells unprotected mp3s or another file that the iPod can play those can be freely transferred as well.


47 posted on 06/08/2009 2:40:32 PM PDT by Mr. Blonde (You ever thought about being weird for a living?)
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To: conservatism_IS_compassion
according to that doctrine I can buy a copy of a record and put it in a jukebox, and I get all the proceeds over and above the cost of the record. Is that your theory?

No. I don't see how you got that idea at all. A proper analogy would be my buying a CD, throwing it a box with a CD player and then selling it.

48 posted on 06/08/2009 6:01:59 PM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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