What part of FEDERAL COURT do you fail to understand, Dennis? FEDERAL court rulings are precedent setting and are not ignored by other circuits. I don't think you are an idiot. So don't post like one. In September, Apple asked Judge Alsup of the Ninth Circuit in California to pre-empt the 3rd Circuit case in Florida in re Psystar v. Apple... he declined... but he could have ordered the case moved to California and the Florida judge would have been unable to do anything about it because the California case had precedence. Alsup just did not want to re-open discovery and add Snow Leopard to the instant case.
Judge Alsup's judgement, however, seems to be inclusive of Snow Leopard as well as of the Rebel product... and most likely will make the Florida case moot as much of the copyright of Snow Leopard is included in Leopard... and therefore will be covered by the injunctions issued by Judge Alsup.
My advice to the Jesse Jobs gang is to spend more time earthquake proofing your HQ and less time suing your competition, the little guy who make clones. At any rate The Jesse Jobs Gang will never see dime one from Psystar
What I find strange about this settlement agreement is that Apple proposed a $2.1 million dollar settlement to Judge Alsup... and Psystar is proposing (and that is all that this so-called "settlement" is is a "proposal" by Psystar, just as were Apple's proposed injunctions introduced last Thursday) a $2.7 Million dollar settlement. Why are they offering $600,000 MORE than Apple was asking for?
What the Ninth Circuit Court rules on is precedent in its own jurisdiction. Outside the Ninth another Circuit will look at a Ninth’s ruling. They will certainly consider it. But ultimately are not obligated to make the same ruling. The litigants can then try the Supreme Court to sort out the two different rulings on similar cases. One ruling by Ninth and the other by (lets say) the Eleventh which is Florida which is where lets say the Pedrazos start a new venture with their cousin running the show. My advice to Pedrazos is sue Apple first next time so that the case is in the Eleventh’s jurisdiction and that of their subsidiaries
http://www.uscourts.gov/courtlinks/
What I find strange about this settlement agreement is that Apple proposed a $2.1 million dollar settlement to Judge Alsup... and Psystar is proposing (and that is all that this so-called “settlement” is is a “proposal” by Psystar, just as were Apple’s proposed injunctions introduced last Thursday) a $2.7 Million dollar settlement. Why are they offering $600,000 MORE than Apple was asking for?
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Could be something wacked such as they have a friendly bankruptcy lawyer in mind who will only take a case 2.5 mil and above. Any Psystar bankruptcy is in FL and my guess is the bankruptcy courts are wired, are an old boys club same as in NY. Not as bad but still a court where all the lawyers and judges and flunkies and bailiffs and recorders know each other..... It’s a small club