dizzle — page 4
140 posts
Apple v. Psystar: What Is the Real Issue Before the Court Right Now? (Part 4)
This is the last of a series of articles on the issues to be heard before the Court later today. The last article ended with the following question: Does Psystar's Proposed Counterclaims Plead Sufficient Facts to Support a Claim for Copyright Misuse? I believe that…
Apple v. Psystar: What Is the Real Issue Before the Court Right Now? (Part 3)
This is the third installment of a series examining the latest filings which will be argued before Judge Alsup on January 22, 2008. My purpose is varied. First, I would like to see how closely my thoughts and arguments parallel those of the attorneys. Second…
Apple v. Psystar: What Is the Real Issue Before the Court Right Now? (Part 2)
This is a continuation of my piece from yesterday. Argument: Psystar Improperly Attempts to Create Counterclaims for the Affirmative Defense of Copyright Misuse. Yesterday I came to the conclusion that Psystar thus far has not defeated Apple's basic argument. In Altera Corp. v. Clear Logic…
Apple v. Psystar: What is the Real Issue Before the Court Right Now? (Part 1)
Commentators lacking in any legal background often overlook the nuances in legal cases that are very important. Yes, it is true that Psystar is now raising the "first sale doctrine" to a dominance that it didn't previously enjoy, but the validity of that argument per…
Psystar Files Its Reply to Apple's Response to Psystar's Motion for Leave to Amend its Counterclaim
Here is where the titles of pleadings can become more interesting than the filings themselves. Let me break this down for you (yes, some of this is repeated from prior articles, but I have received a lot of feedback that these simple refreshers with current…
Apple Files its Opposition to Psystar's Motion for Leave to Amend its Counterclaims
In the last minutes of December 30, 2008, Apple filed its Opposition to Psystar's Motion for Leave to Amend its Counterclaims. The first thing that struck me like a ton of bricks when I reviewed the document is that Apple, like Psystar, also used the…
An Examination of Psystar's Proposed First Amended Counterclaim While Awaiting the Filing of Apple's Opposition
Apple's Opposition to Psystar's First Amended Counterclaim is due today. As we await their arguments, I have a bit of exclusive news to report. I believe that my source for this information is reliable. Upon my inquiry I was told the following: At this time…
Mythbuster: Did Psystar Really Claim that Apple did not Copyright OS X?
I do not like playing 'Net Nanny' continually correcting inaccurate reporting in this case; however, I find it necessary. My goal is to encourage more thorough fact-checking (which can only benefit everyone) not to bring anyone down. I make enough of my own mistakes to…
Did Psystar Really Deny the Involvement of Others?
Once again the Apple web has gone off the deep end in its inaccurate reporting on the Psystar case. One major site gets something wrong, and before you know it, the inaccurate story reproduces faster than rabbits. With many news items, this is understandable and…
A Closer Look at a Psystar Filing
In my past piece on Psystar's latest Court filing, I was once again highly critical of the grammatical sloppiness found therein. I went through Psystar's Response to Apple's Amended Complaint and noted multiple errors line by line. While this case is in stasis at the…
Psystar Files its Response to Apple's Amended Complaint
On December 17, 2008, Psystar filed its Response to Apple's Amended Complaint. In order to refresh your memory, here is a link to my prior article on what exactly was changed by Apple. In summary, in its Motion to the Court to allow this amendment…
Psystar Moves to Allow Filing of its First Amended Counterclaim [corrected]
On December 9, 2008, Psystar requested that the Court allow entry of its First Amended Counterclaim. A hearing on this Motion is set for January 15, 2009. Attached as exhibits are its proposed First Amended Counterclaim as well as an annotated version of its prior…
Giveaway Winner Announced: Accordance 8
In the random drawing conducted this morning.... the lucky commentator drawn out of the back was Martha Garrett. Congratulations Martha! I will be in touch today to coordinate with the developer so that you can receive your copy. Thank you to everyone who commented. The…
Judge Signs Order Allowing Apple's Amended Complaint
Today, Judge Alsup signed the proposed Order submitted by the parties allowing the entry of Apple's Amended Complaint. While the parties agreed to this, the Judge's agreement is not always guaranteed pro forma . Judge Alsup could have disregarded the parties' agreement and disallowed the…
Amazing. Psystar Has its Own EULA
Groklaw has unearthed a real gem. PJ's skill at dismantling the "open source freedom fighter" myth that has grown around the very few Psystar supporters is superb . Normally I would like to add my own comments, but she covers it so well that all…
Giveaway Reminder for Accordance 8
Remember, December 5, 2008, midnight EST, is the cut-off time for you to post a comment on the Review of Accordance 8 in order to have a chance to win a free copy. Good luck! Also please be advised that some of the links to…
Breaking News: Psystar Consents to Amendment of Apple's Complaint
On December 3, 2008, Psystar retracted its opposition to the filing of Apple's Amended Complaint which was previously attached as Exhibit A. A s I had written earlier , this complaint adds new as-yet unidentified "John Doe" Defendants 1–10 and a claim of violation of…
Update in the Alabama iPhone Lawsuit: Smith, et al v. Apple
I last wrote about the case of Smith, et al v. Apple back in August in the following entries: In Brief: Alabama Woman Sues Over Alleged iPhone 3G Defects In Brief: Amended Complaint Filed in Alabama iPhone Case A Possible Hurdle for the Alabama 3G…
Apple Petitions Court for Leave to Amend its Complaint Against Psystar [Updated]
In a very interesting turn of events, on November 26, 2008, Apple filed a Notice of Motion and Motion for Leave to File Amended Complaint stating in part: "Through this motion, Apple seeks leave to file its Amended Complaint … attached hereto as Exhibit A…
Apple Gets More Agressive With its Black Friday Marketing? [Updated]
It has been reported that Apple has informed its employees that it will have some kind of price-matching program in place for Black Friday. The report comes after Best Buy announced that it is offering $150 off all Macs.