Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Apple Accuses Psystar of Destroying Evidence
MacObserver ^ | August 17th, 2009 | by Jeff Gamet

Posted on 08/18/2009 12:12:17 AM PDT by Swordmaker

Psystar's legal battle against Apple over building and selling Mac clones took a turn for the worse when Apple filed a brief with the court accusing the company of spoliation, or intentionally destroying evidence. If Apple's accusations prove to be true, this could potentially ruin the company's chance of moving forward with its defense.

According to Apple's brief, it has documented specific instances where Psystar intentionally deleted the code it uses to install Mac OS X on PCs, and that company Principals and employees were made aware of their requirement to preserve evidence. "Yet, as admitted by [Psystar CEO] Mr. Pedraza, Psystar has not complied with its obligations and instead has destroyed evidence of its willful infringement," Apple said.

"Remember that Apple both knows about this software from Rodolfo Pedaraz depositing and, I am sure, because Apple has copies of the software that it got off of Psystar's computers that are in public circulation, even though Psystar apparently tried to remotely erase that software from its customers' computers," an attorney familiar with this type of case told The Mac Observer. "This is so incredibly stupid, because, morality aside, Psystar's principals had no chance of preventing Apple from getting the offending software."

As if Psystar's plate isn't full enough, its bankruptcy filing in Florida now looks suspicious since it was filed right after Mr. Pedaraz's deposition where he revealed the existence of the software code that now appears to have been destroyed. If it turns out that Psystar filed for bankruptcy protection just to slow down Apple's case in California, the company may have additional legal repercussions to deal with.

Apple filed its lawsuit against Psystar in U.S. District Court northern California claiming the company was violating the Mac OS X end user licensing agreement, and that it was violating the Digital Millennium Copyright Act with the steps it used to install the Mac operating system on PCs. Psystar countered that it is within its rights to build and sell PCs with Mac OS X pre-installed and that Apple is overstepping its bounds by blocking companies from selling Mac clones.

Apple and Psystar are scheduled to appear before Judge Alsup, the Judge hearing the case, to discuss the discovery dispute at 9:30AM on August 20. Judge Alsup will likely ask some very pointed questions, and if Psystar can't offer satisfactory answers -- including reasonable explanations as to why it hasn't preserved evidence or provided Apple with requested software in a timely fashion -- Mr. Pedaraz could potentially face criminal charges for contempt of court.

"Destroying evidence could be referred to the U.S. Attorney as possible obstruction of justice and/or perjury, both of which are federal felonies," TMO's legal contact said.

If Thursday's hearing shows that Psystar intentionally destroyed evidence, its new legal team, Camara & Sibley, could potentially ask to be removed from the case as well since they came on board late in the game and wouldn't likely want to be associated with clients that blatantly violate legal orders. If so, then Psystar's luck at finding new legal representation probably wouldn't go so well.

Apple is asking the court to order Psystar to produce the missing code, and if the company can't, it is asking for court-imposed sanctions. If Psystar doesn't cough up the requested software, Apple is asking the court to require the company to admit to destroying the evidence, and sanction Psystar for discovery misconduct.

The court could potentially go so far as to award a summary judgement in Apple's favor, but at the very least Psystar could lose Judge Alsup's respect and trust, which isn't good for anyone hoping to win in court.

Psystar has promised to appear in court with "guns blazin'." Its guns may be blazin', but it there's a good chance that they are pointed at their own foot.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: psystar; shyster
SPOILATION!
1 posted on 08/18/2009 12:12:17 AM PDT by Swordmaker
[ Post Reply | Private Reply | View Replies]

To: ~Kim4VRWC's~; 1234; 50mm; 6SJ7; Abundy; Action-America; acoulterfan; Aliska; altair; ...
Has Psystar shot itself in the foot? Looks like. Apple accuses Psystar of destroying evidence—PING!


Mac v. Psystar Ping!

If you want on or off the Mac Ping List, Freepmail me.

2 posted on 08/18/2009 12:14:59 AM PDT by Swordmaker (Posted using my iPhone!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Swordmaker

wuttup with all these bogus iPods on craigslist?


3 posted on 08/18/2009 12:18:53 AM PDT by the invisib1e hand (this slope is getting slippereeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Swordmaker

Oooh, this should be good. Courts do not like spoilation. Tends to bring down judicial wrath like an enraged Zeus.


4 posted on 08/18/2009 12:23:35 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: the invisib1e hand
wuttup with all these bogus iPods on craigslist?

?

5 posted on 08/18/2009 12:37:05 AM PDT by Swordmaker (Posted using my iPhone!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Spktyr
Oooh, this should be good. Courts do not like spoilation. Tends to bring down judicial wrath like an enraged Zeus.

Too bad the hearing is going to be closed... I'd love to have it open and have the popcorn franchise in the hallway...

6 posted on 08/18/2009 12:37:52 AM PDT by Swordmaker (Posted using my iPhone!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Swordmaker

Following these Psycho-star antics is like watching a late-night horror flick that is so bad, you can’t remove yourself from it... LOL...


7 posted on 08/18/2009 6:11:21 AM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Swordmaker

What this thread needs is a good train-wreck photo.


8 posted on 08/18/2009 7:45:09 AM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Swordmaker
SPOILATION! I thought that's what happens to some long forgotten food in the back of our Fridge...
9 posted on 08/18/2009 8:45:53 AM PDT by tubebender (In just two days from today tomorrow will be yesterday...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dayglored

10 posted on 08/18/2009 12:35:27 PM PDT by PA Engineer (Liberate America from the occupation media.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: PA Engineer

That’s a GOOD one!! Thanks ;-)


11 posted on 08/18/2009 6:38:25 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
[ Post Reply | Private Reply | To 10 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson