Psystar – The Snowball didn’t Melt

One of the things that many people have been saying over and over again regarding Psystar is that they don’t stand a snowball’s chance of winning against Apple in this whole Open PC/OSX licensing case they have brought against the Cupertino computer manufacturer.  The case has been thrown out, resubmitted and now, apparently…continued.  The snowball didn’t melt… I must have missed the weather forecast last night on the news.


Last week, a federal judge ruled that Psystar can continue its countersuit against Apple. I think this is their second real win for them in the case, but seriously…who’s keeping score..?  Apparently the judge is, because he also alluded to others being able to sell OSX based PC’s if Psystar can prove its allegations.

So, Psystar can amend its lawsuit against apple, and change their countersuit, originally alleging that Apple broke antitrust laws, to state that they instead stretched copyright laws by tying OSX to their hardware.

The Judge also indicated that if proven successfully, some charges against Psystar would be moot.  Apple has constantly claimed that Psystar hasn’t been acting alone here.  The judge indicated that those individuals involved may be protected by any ruling handed down in Psystar’s favor.  We’ll have to wait and see…However, Apple said that they would reveal the names of these parties, currently identified as John Does 1-10, as they discovered who they were.

While Apple does have the right to determine how its software is licensed and used, the final decision will be governed as the case plays out. Again, wait and see…

Psystar has a week to submit its altered counterclaims, after which Apple must answer within 20 days. Alsup also told the two parties to get to work. "Both sides should be taking discovery and preparing themselves for trial and/or summary judgment," the judge concluded.  The case is currently scheduled to begin trial on Nov. 9.

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