A while back ago everyone found out about Psystar’s decision to file for bankruptcy. And everyone assumed that the whole Apple vs Psystar conflict will draw to an end. Well guess what? Psystar is back from Chapter 11 bankruptcy protection. In fact the company has new hardware to sell you.

Psystar is selling a new Open(7) system featuring Intel’s Nehalem Xeon and a new bootloader, the Darwin Universal Boot Loader. Is anyone going to buy it? We can definitely expect Apple to fire back so let’s make some popcorn and watch them fight.

via TUAW

One of the most interesting trials we’ve seen lately was the Apple vs Psystar suit. We were really wondering who was going to win but it looks like we won’t get that answer anytime soon. Psystar can’t stay afloat anymore and it has filed for bankruptcy. Those Mac clones are going down folks and the economy is to blame. At least Apple and the world will be able to find out who are the creditors behind Psystar on that bankruptcy hearing on June 5th. We’ll bring you all the juicy details in case there are any.

Psystar seems not to care about Apple despite their ongoing quarrel. The company has launched a new Open (3) Mac clone desktop. In case you want one you can expect it to come with a processor ranging from a 2.8GHz Core2Duo E7400 up to a 2.53GHz Core2Quad Q8200, up to 4GB of memory, 1TB of storage, a NVIDIA GeForce 9500GT and a 6x Blu-ray burner. Prices start at $599, but a high-end version of the Open (3) will cost you around $2,000. For that price you’d be much better off with an original, don’t you think?

By now you should all be familiar with Apple’s trial against Apple. And it looks like we have news from the front. Psystar has managed to both win and loose a little against Apple. An 8-page order filed last week gives Psystar the consent to answer Apple’s suit by using copyright misuse in the defense.

Psystar tried to use anti-trust violations which judge William Alsup rejected. Then it said that Apple “wrongfully extended the scope of its Mac OS copyright” through that End User License Agreement which will force users to install the software only on Apple machines. Psystar’s 17-page filing has received quite well by the judge. Here’s what the judge said about copyright misuse:

This order is unconvinced, however, that misuse may never be asserted as a counterclaim for declaratory relief. Psystar may well have a legitimate interest in establishing misuse independent of Apple’s claim against it, for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop.

While Apple contested Psystar’s last claim, the judge was favorable to it, but not entirely:

[Psystar] fails to explain, however, how this conduct constitutes harm to competition or a violation of the spirit of the antitrust laws. [Tying copyrights to computer hardware] requires monopolization. Psystar has identified none.

Well Psystar might defend itself against Apple but it can’t seem to prove Apple did anything wrong with its OS. The trial date has been established. That’s November 9, which is a long way to go from now. I wonder how many Psystar systems will be sold in the mean time.

via AppleInsider

The Apple vs Psystar saga is far from being over. Psystar has mounted an offence after its last attempt to countersuit Apple was shut down a while ago. This time Psystar is claiming that Apple does not own the US rights to protect the Mac OS X and therefore the lawsuit shouldn’t even exist.

Psystar says that Apple didn’t go through the regular steps and procedures to register the copyright for Mac OS X. Without the copyright thing, which is really important, Apple can’t sue Psystar. Nobody else either for that matter.

Will this hold in court? It looks like Apple has at least a disc and a manual copyright for Mac OS X Leopard which was published on the same day the OS was launched, October 26th, 2007. And the US Copyright Office says so. How will Apple respond? We’ll see after the holidays.

We have a new development in the Apple-Psystar saga. It looks like a judge in California has granted Apple’s motion to dismiss Psystar’s counterclaims. You should remember how Apple has filled a suit against Psystar’s Mac clones followed by a countersuit a month later. Well that countersuit has just been rejected by Judge William Alsup and Psystar has less than a month to improve its argument through an amended complaint.

In a 19-page document Judge Alsup explained that Psystar’s allegations regarding Apple’s violation of the common law of unfair competition, the Cartwright Act, and the California Business and Professions Code aren’t backed up by enough facts. Psystar failed to prove the Mac OS is an independent, single-product market and in fact they have proven the contrary, therefore Apple’s motion was granted. What will follow next? We’ll keep you updated with this soap opera as it moves along.

Is Psystar trying to get free publicity out of the the whole Apple trial situation? The company has launched a new Mac clone desktop equipped with a Blu-ray and a new NVIDIA GPU. Leaving the fact that Blu-rays and Mac OS don’t quite mix that easily yet aside, Psystar seems unstoppable. No matter what Apple’s lawyers have said so far the company is going forward with its product.

An open notebook is apparently being created by Psystar. Psystar has confirmed it so you can expect to see one soon. I wonder how much the Mac clone notebook will cost. And where will such a notebook be actually built?

via cnet

Think you have missed the whole Psystar-Apple trial? Well think again, the game is on and there’s no winner yet. But it looks like Psystar isn’t that interested in the whole Apple trial thing as they have just launched new Mac clones. The computers come equipped with Blu-rays and NVIDIA GeForce 9800 GT graphic cards. The Blu-ray upgrade will cost you $310 more while the 512MB GeForce 9800GT will cost you $200 more than the usual Open Computer price. Probably you’ll get your money back when you will have to return the product! Oh yeah, that’s what I think about the Psystar-Apple predicament so far!

via MacUser

Apple and Psystar battle in court is something we are expecting with some kind of interest. If Apple should loose, then we’re going to see more companies starting to sell PC rigged to run on Apple’s OS.

The two company might not let us indulge our pleasure to see them fighting to the death in court. They are going to settle the case with Alternative Dispute Resolution. That’s a process that will involve non-binding arbitration, early neutral evaluation and mediation. Wow! Does that mean that no one will bleed to death? We won’t see any of that since everything will go on behind closed doors.

Everything that’s going to be said will be private. That pisses me off. But in case you’re going to read some posts of us describing the new Psystar Mac-PCs, then you’ll know who was the real winner!

I guess Psystar fans should definitely see this. While the people who installed a running copy of Mac OS X aren’t trying to sell the tuned Dell Inspiron Mini 9 to anyone, this goes to prove that Appe’s OS could run on PC’s too. Imagine what would happen if Psystar wins it’s trial with Apple! Imagine how Microsoft will go all berserk if a judge will tell manufacturers that selling PC with Mac OS X will be ok! (more…)

You probably are aware of Apple’s legal litigations with Psystar. Psystar sold PCs with Max OS X on them, Apple sued Psystar and Psystar sued Apple in return. And it looks like Apple has just filed a motion with the U.S. District Court in order to dismiss Psystar claim that Apple is using a monopoly on Mac.

Apple’s law dogs have filed a 23 page filing which asks the court to dismiss Psystar’s countersuit “with prejudice” meaning that Psystar won’t be able to make the same move again.

Apple is saying it’s not violating in any way the Sherman Act as Psystar claims. What’s going to happen? Stay tuned for future episodes of Apple vs Psystar.

While Apple is suing Psystar and Psystar is counter-suing Apple for minor things like copyright infringement or monopoly-like-something related to using Mac OS on cheap PCs, there’s a device which would make such a thing possible to every one of us.
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You should already be aware of the “war” Apple and Psystar. Apple sued Psystar for selling cheap PCs equipped with Mac OS. Psystar proves to be quite a tough nut to crack. Not only did it higher top notch lawyers but it started its own counteroffensive by suing Mac yesterday.

Psystar says that Apple is breaking the law by enforcing those terms of agreement which Psystar broke evidently when selling OpenComputers. According to Psystar, Apple is violating pro-competition laws which include the Clayton Antitrust Act and the Sherman Antitrust Act.

Psystar’s chief Rudy Pedraza says:

What we want to do is to provide an alternative, an option. It’s not that people don’t want to use Mac OS, many people are open to the idea, but they’re not used to spending an exorbitant amount of money on something that is essentially generic hardware.

Apple isn’t saying anything, but they usually don’t. They are obligated to respond within 30 days to Psystar’s complaint so we’re going to hear more about this conflict.

I think working for Psystar must be really thrilling. Imagine a roller coaster ride full of adventures, where the last stop has written Jail all over it. Or does it have Remarkable Success written all over it?

As you can see I am yet to decide who will win the Apple vs Psystar court friendly battle. Sure Apple has a strong case but Psystar’s attorneys will not be easily defeated. Oh come now, you must remember Psystar! The guys which conveniently started to ship out cheap Mac clones to lots of people? You know, the cheap PCs with a Mac OS running at full speed? The kind of a deal that would piss off a certain Steve Jobs?
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