Mac Ping!
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Posted on 10/16/2009 6:55:03 PM PDT by Swordmaker
Psystar won't fight Leopard injunction now that it's using Snow Leopard
Apple and Mac clone maker Psystar traded barbs last week in federal court as they simultaneously asked a judge to end the case that began more than 15 months ago.
Florida-based Psystar took the unusual step of conceding to an injunction, saying that it would agree to stop using Mac OS X 10.5, aka Leopard, on the machines it sells.
The two companies have been battling since July 2008, when Apple sued Psystar over the latter's practice of installing Apple's Mac OS X operating system on generic Intel-based computers.
Last week, lawyers for Apple and Psystar submitted motions for summary judgment to U.S. District Court Judge William Alsup, asking him to effectively award them the legal victory because enough evidence had accumulated through discovery to warrant a decision before trial is to begin Jan. 11, 2010.
"Psystar Corporation makes and sells computers containing pirated copies of Mac OS X that Psystar has altered to circumvent Apple's technological protection measures," Apple argued in its motion. "In so doing, Psystar seeks to appropriate Apple's enormous investment in Mac OS X and trade on Apple's hard-won reputation for excellent, highly reliable products."
(Excerpt) Read more at computerworld.com ...
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Yeo ho ho me hearties!
. . . so the net effect of this is to change the venue of the case to Florida, and moot all the legal processes in the first Apple suit against Psystar in California?
No. If the California case is decided in Apple's favor, Psystar would have to recall all of the Open computers it has sold and remove the offending software. It would also establish a legal precedent that the Florida court would have to recognize. Psystar's Shysters are already allegingin Florida the same anti-trust claims that are res judicata, already decided, in the California case... I think the Florida judge is going to be made aware of this and slap them down... hard.
Arrrrrr!
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