Psystar
84 posts filed under Psystar
Psystar Files Reply Brief
Hot on the heels of my last report , Psystar has filed its Reply Brief in response to Apple . Copyright Misuse Psystar asserts that copyright only governs copying and not restrictions on use. Even at first blush, this appears absurd. I cannot play a…
Status Update: Apple v. Psystar v. Apple
The Florida Court has granted Apple’s request for a stay of proceedings pending the outcome of the Appeal. This is typical and expected. The Florida Court had not yet ruled on Apple’s Motion to transfer the Florida case to Judge Alsup in California. On the…
Apple v. Psystar Appeal: Extension granted to Apple to File Reply Brief
As discussed here , Apple was due to file its reply to Psystar's opening brief in the appeal. However, on June 15, 2010, the following docket entry is noted: Filed clerk order (Deputy Clerk:CAG): The appellee's motion for an extension of time in which to…
Apple v. Psystar: Psystar Files Opening Brief in Appeal
As per the agreed extension between the parties, Psystar filed its Opening Brief with the Ninth Circuit yesterday. However, the entire thing was filed under seal. Here is the actual filing including the parameters of the Protective Order. Apple's response is due June 16, 2010…
Apple v. Psystar: Psystar Receives Extension of Time to File Opening Brief
Here is the latest docket entry in the Psystar appeal: 04/30/2010 14 day oral extension by phone of time to file Appellant Psystar Corporation's opening brief is granted. Appellant's opening brief is due May 17, 2010. Appellee Apple Inc.'s answering brief due 06/16/2010. The optional…
Getting Ready for the Psystar Appeal
This case is about to get moving again with Psystar’s Opening Brief in their Ninth Circuit Appeal due on May 3, 2010. The last significant event was Apple’s victory in its Motion for Summary Judgment before Judge Alsup in November 2009. The transcript for that…
Apple v. Psystar Update
The appellate case is moving along with both parties having filed their mandatory Mediation Questionnaires. Other than both agreeing that mediation would be futile, the filings are pretty vanilla with the exception of the following unintentional humour ( from Psystar's filing ):
Psystar Files Appeal
As its attorney had previously indicated, Psystar is appealing Judge Alsup's Order effectively ceasing all of their operations. What is a bit surprising is that Psystar has also filed multiple Orders regarding the sealing of confidential documents. A copy of the docket entries may be…
Apple v. Psystar: Report of Compliance with Injunction
On December 31, 2009, Psystar filed a Report of Compliance with Injunction ( you can view the filing here ). There are a few points of interest. In paragraph 4, Pedraza makes a statement that seems to be contradictory to Psystar's stated position in the…
Psystar v. Apple: Where Are We Now?
Things are quiet in the California action since Judge Alsup entered a permanent injunction in Apple's favour regarding Psystar's Mac clones, no matter which version of OS X is being used. Although Judge Alsup invited Psystar to bring a Motion containing specific details about this…
Psystar: Mostly-Dead
Miracle Max: See, there's a big difference between mostly dead, and all dead. Now, mostly dead: he's slightly alive. All dead: well, with all dead, there's usually only one thing that you can do. Inigo: What's that? Miracle Max: Go through his clothes and look…
Apple Wins Injunction Against Psystar
Groklaw is reporting that Apple has won a total and permanent injunction against Psystar, the injunction which can be seen in whole here [PDF] rules the following: Copying, selling, offering to sell, distributing, or creating derivative works of plaintiffs copyrighted Mac OS X software without…
Psystar v. Apple: Psystar Sues Apple in Florida Federal Court
Hello readers, just a quick note. Yes, I am aware of this new suit but am not quite ready to write on it yet. There are some trails I want to chase down, and I just want to let it marinate in my mind a…
Apple v. Psystar: A Closer Look at the Spoliation Letter Briefs in Light of the Hearing Transcript
In my past article , I had claimed that in my personal lay opinion, Apple's counsel did not perform at their best during the August 20, 2009 hearing. I will defend that opinion in this article by examining the filings and hearing arguments relating to…
Apple v. Psystar: Why Psystar was Ordered to Pay $5,000.00 (USD) in Sanctions
I have obtained the transcript of the hearing that took place on August 20, 2009 resulting in the following Minute Entry in the Court docket: 08/24/2009 - 96 - Minute Entry: Discovery Hearing held on 8/20/2009 before William Alsup (Date Filed: 8/24/2009). Supplemental briefs due…
Apple v. Psystar: Court Orders Psystar to Pay $5,000.00 (USD) in Sanctions
The discovery dispute that has been ongoing (and which I am going to explore in full over the coming days, though I would refer the reader to Groklaw to get up to speed until then) was heard today (8/24/09) before Judge Alsup with this terse…
Apple v. Psystar: An Unexpected Opportunity to Examine Contents of Past Discovery
Personal issues have kept me from writing as regularly on my favourite case as I would like, but hopefully that has ended or at least been minimized. Many interesting things have happened recently, particularly regarding discovery, and I have only just began to digest the…
Psystar v. Apple: Psystar Dismissed from Bankruptcy
As of August 4, 2008, Debtor Psystar has been released from its Florida Bankruptcy proceeding. It appears that this dismissal is good for the period of one year and conditioned upon Psystar paying its outstanding creditors, presumably including its prior law firm. Good luck with…
Apple v. Psystar: Round-Up of Latest Court Activity
The routine mechanics of civil litigation have been steadily moving along in the past few weeks. Nothing new in the bankruptcy case has occurred since our last report . The next bankruptcy hearing is scheduled for August 4, 2009 in which Psystar's Motion to Dismiss…
Apple v. Psystar: Misc. Court Orders Entered
Today there has been activity on both the California and the Bankruptcy Court dockets. As expected, Judge Alsup (California) has allowed the substitution of counsel by Psystar. Those requests, particularly when no dates are affected and the other party does not object, are routinely approved…