Psystar to depose numerous Apple executives in lawsuit

[AppleInsider]

Clone Mac creator Psystar announced this week that it will conduct depositions of numerous high-ranking Apple officials as it prepares its defense against the company's lawsuit.

"We are pleased to announce that an agreement with Apple's counsel was reached earlier this month and we now have the final list of their deponents for our proposed topics with respect to this litigation," the company's Web site states, in a blog post entitled 'A taste of their own medicine.'

It continues: "For the past week and the following ten days we will be doing depositions of some of Apple's highest level people. After numerous depositions of Psystar employees and associates, the shoe is finally on the other foot, oh the joy!"

True to the tone they have shown publicly so far, the company is even planning a semi-democratic take on their legal proceedings, asking readers to send in questions. The company states that they will take the top ten submissions for each Apple executive and ask them during the process.

The list of officials who have been or will be deposed and the corresponding dates are as follows:

Aug. 07 - John Wright - Senior software manager, OS X

Aug. 12 - Kevin Van Vechten - Software engineering manager, OS X

Aug. 13 - Phil Schiller - Senior VP, Worldwide Product Marketing

Aug. 14 - Mike Culbert - Senior director, Mac Hardware

Aug. 18 - Gary Thomas - Unknown

Aug. 19 - Simon Patience - Head of Core OS, OS X

Aug. 21 - Mark Donnelly - VP, Finance and Worldwide Business Management

Aug. 21 - Greg Christie - Unknown

Aug. 21 - Bob Mansfield - Senior VP, Mac Hardware Engineering

Last week, Psystar's request for its Chapter 11 bankruptcy filing to be dismissed was granted in a Florida court. However, that same decision also included stipulations to ensure that the company won't be able to file for bankruptcy again to avoid its lawsuit with Apple in California.

Apple has a lawsuit against Psystar scheduled to start on January 11, 2010. When the company first filed for bankruptcy, the case was put on hold, until Apple had a stay on the case dismissed. Weeks ago, the clone-Mac-maker brought on a new legal team to continue its efforts.

[ View this article at AppleInsider.com ]

[iBill]

Is this like a game show or something?

[bigmc6000]

So, let me get this straight. They are broke but somehow managed to put together a legal team to try to take down the genius lawyers at Apple - riiiggghhhhttt...

I can only assume those lawyers are working for free unless Psystar wins and, no offense intended here, but those aren't exactly the cream of the crop...

[LordNige]

I for one cannot wait for Pystar to disappear, they are annoyingly cock-sure about this whole fiasco

[Tracker]

Guess they want to extend the 15 minutes and go down in history as David taking on Goliath or something to that effect?

[Dorotea]

Originally Posted by AppleInsider

True to the tone they have shown publicly so far, the company is even planning a semi-democratic take on their legal proceedings, asking readers to send in questions. The company states that they will take the top ten submissions for each Apple executive and ask them during the process.

I'm sure Psystar supporters are joyous to think that any question can be asked. But I think that questions in a deposition have to be germaine to the legal action / lawsuit.

[petermac]

Originally Posted by iBill

Is this like a game show or something?

This is just another episode of what has become light hearted entertainment.

I look forward to each new snippet for more laughs.

[Quadra 610]

Psystar's strategy:

http://www.metacafe.com/watch/197456...bacca_defense/

[b1937]

Who is paying for these attorneys?? Psystar is supposedly broke.

[ajmas]

Did anyone find out where Psystar is getting their money yet? For a company in chapter 11, they seem to be exceeding their cash flow. I think I will add my vote to those who believe there is something fishy about Psystar and its hard not to think they are a front for someone else.

They sound like another SCO.

[801]

Psystar, with this request for questions to increase the amusement value of these depositions, does appear to be "Astroturf", that is, a larger entity is attempting to create false grass roots support for a position that will ultimately benefit primarily themselves.

That or they are out of their minds. How else would you describe someone who is copying what they want to fight against.

Odd.

[Wiggin]

Originally Posted by bigmc6000

So, let me get this straight. They are broke but somehow managed to put together a legal team to try to take down the genius lawyers at Apple - riiiggghhhhttt...

I can only assume those lawyers are working for free unless Psystar wins and, no offense intended here, but those aren't exactly the cream of the crop...

Originally Posted by b1937

Who is paying for these attorneys?? Psystar is supposedly broke.

Keep in mind these are the same attorneys who defended a woman in her appeal against the RIAA after a $22,000 judgement against her. As a result of the appeal, the jury INCREASED the fine to $1.92 million! After that, I suspect the law firm is working for free because who in their right mind would hire them after their "defense" resulted in a 10 fold increase in the fine against their client?

[Rot'nApple]

Originally Posted by iBill

Is this like a game show or something?

If not, it ought to be... something like "The continuing case of Perry Mason"!

[chronster]

Good LORD what a JOKE!

The shoes on the other foot? WTF are they talking about? Are they gonna question Apple execs about how Apple stole Psystar IP? This is really just absolute nonsense, but they have the right, and I guess I support that aspect. It's obvious they have no case though, and are prolonging this process.

I think I'll submit a question: "Should I buy a house right now, or wait and see if prices continue to drop?"

[charlituna]

Originally Posted by iBill

Is this like a game show or something?

i know. what do they have to depose anyone about. this isn't a patent suit where they are the victims. it is a case of gross copyright violation (with probable trademark infringement) they have already been shot down on anti-trust, and on their claim that Apple didn't properly file their copyright etc so they don't have any protection (which is totally false both that they didn't and that their is no protection)

now they are trying to use EULAs are bad as a claim point. but the trouble is that even if that works all it would do is validate that one party can buy and install the software and then pass it on to someone else, given perhaps take a fee to do the install. it doesn't make putting it on a hackintosh legal. because an EULA's validity doesn't change the status of a company's copyright. All the EULA really does is state for the consumer what that status is, at least in the case of Apple's software.

[nite41]

This is turning in to a Battle of Titans. Except Apple is the only Titan here. Psystar is 'supported' by another Titan

[Sipadan]

Make a reality show out of it and watch the insane audience ratings!!!
Now THAT'S a viable business model for PsySTARSSS

And for the season grand finale ... (drums roll) ... STEVE!!!!

[bigmc6000]

Originally Posted by Wiggin

Keep in mind these are the same attorneys who defended a woman in her appeal against the RIAA after a $22,000 judgement against her. As a result of the appeal, the jury INCREASED the fine to $1.92 million! After that, I suspect the law firm is working for free because who in their right mind would hire them after their "defense" resulted in a 10 fold increase in the fine against their client?

I think that lady should sue her lawyers... (That result is one of the more recent ones where I question the sanity of my fellow man, it's rather sad really).

[ghostface147]

While Psystar is in the wrong for clearly violating any IP that Apple has, Apple's tyranny must come to an end. ASSR (Apple Socialist Soviet Republic) must be dealt with. Their tyranny is out of control. Now while I use their products everyday and don't plan to use anything else, they are still boneheaded in their heavy handed tactics. Remove the Fuhrer and replace the Reich and all will be well.

[Magic_Al]

Psystar isn't necessarily going to lose. Remember when Microsoft was trying to claim they could require their web browser and only their web browser to be sold with Windows because it was integral? Well, Apple is trying to tie a whole computer to their OS! Why should courts side with Apple if they didn't side with Microsoft?

All Psystar wants to do is what every other PC manufacturer does, sell computers with someone else's OS, except Psystar wants Apple's OS, not Microsoft's.

[crees!]

Originally Posted by 801

Psystar, with this request for questions to increase the amusement value of these depositions, does appear to be "Astroturf", that is, a larger entity is attempting to create false grass roots support for a position that will ultimately benefit primarily themselves.

That or they are out of their minds. How else would you describe someone who is copying what they want to fight against.

Odd.

I see you're being spoon fed Cheerios and Kool-Aid in a no-spill cup. Think for yourself instead of being told how to think.

[anonymouse]

Originally Posted by AppleInsider

The list of officials who have been or will be deposed and the corresponding dates are as follows:

[...]

Aug. 18 - Gary Thomas - Unknown

[...]

Aug. 21 - Greg Christie - Unknown

[...]

I find it amusing that they are deposing two people whom they apparently don't know what they do.

[ghostface147]

Originally Posted by anonymouse

I find it amusing that they are deposing two people whom they apparently don't know what they do.

No kidding.......lol

[kenaustus]

The only thing that I can see the depositions are worth would be to try to get proprietary information out of the executives. Fortunately that will be a little difficult as Apple will also have their lawyers there blocking questions.

The best Psystar can hope for is to delay the court date because of "unanswered" questions.

And then, of course, there is the issue of Psystar executives then being deposed by Apple's lawyers.

Psystar was a bit cagey when asked for various documents, like invoices. If they confirm in depositions that they have no records then Apple can help them find them - by providing the IRS with a copy of the depositions,

[Virgil-TB2]

Originally Posted by Dorotea

I'm sure Psystar supporters are joyous to think that any question can be asked. But I think that questions in a deposition have to be germaine to the legal action / lawsuit.

This is the first thing I thought when I read that part also.

Any worthwhile judge should disallow depositions of this type. The website submissions thing is almost an admission by Psystar that the depositions aren't actually depositions at all but merely the skewering of executives for fun. It makes a mockery of the whole process (that is if it can be made even more of a mockery than it already is).

I'm sure we'll all have laughs years from now when the transcripts of these sessions come out after the fact, but IMO Psystar should be thrown in jail over the way in which they are screwing with the legal system here. What a joke.

Even if you agree with their legal position over OS-X, no one but a complete moron would be onside with this kind of childish BS.

[ecking]

lol Has anyone see the 2 responses so far on the website? They're using such terrible analogies. They don't fit apple's argument at all. The first poster believes the copy of OSX they've received with their Psystar computer means they OWN a copy of OSX. They don't, they own that is essentially an upgrade from the version that came with their mac. What's that they don't have that version because they didn't own said mac to upgrade? Exactly. This guy is probably gonna buy Snow Leopard once it's hacked and believe he truly owns a copy and it only cost him $30.
The second person goes on to compare it to Sony films only being able to play on a sony blu-ray player, which isn't the same thing at all, he's got it backward, as the film would represent individual software and the sony bu-ray player's XMB would represent mac OSX and the player itself would be the mac. XMB is indeed only available on sony units and isn't available to install on anything else.
Or let's use the playstation as an example: it's runs its own OS that is not available to install on the xbox and only plays playstation games. Sound familiar?
It's extremely common for a manufacturer to have software or firmware that only runs on their hardware, look at tvs, dvd players, your microwave, cell phones, almost anything electronic these days. That's because it's the hardware packages that people are buying that are competing with each other, not really the built in software. Samsung can't sure Panasonic because panny wouldn't let them use their tv's menu structure. And Samsung shouldn't care, their business isn't based on what tv menu backend they're using it's based on the tvs themselves.
Dell's business is selling computers, not windows (that's microsoft's job), which is why some of them now have linux and if apple wanted to sell OSX to them they'd probably offer that too, they don't care, they care about selling the computers they build. If microsoft decided to stop selling windows to Dell and they had legal grounds to do so(not breaking an existing contract or anything) they'd be well within their legal rights to do so. Vendors can sell to whom ever they want to and just as easily choose not to sell to certain entities, I've seen this at work lots of times. They are entitled to limit their market to those they feel fit to distribute their product, if apple's software division thinks it's hardware division is the only entity that can do that, it's their loss or gain, across apple's history it's been both at different times.
Psystar shouldn't base it's business on hacking OSX and selling upgrade copies that apple as a vendor hasn't sold to them (buying copies in a retail store doesn't count), they should base it on selling good, competitive computers that people want, really want, not just want in comparison to a real mac but actually want for the reasons Psystar can control, their hardware.

[Virgil-TB2]

Originally Posted by ghostface147

... Apple's tyranny must come to an end. ASSR (Apple Socialist Soviet Republic) must be dealt with. Their tyranny is out of control. ... Remove the Fuhrer and replace the Reich and all will be well.

You know you should not use political metaphors if you don't have the faintest idea about politics (which is obvious by your use of said metaphors).

Didn't I see you on TV last night shouting at some health care debate?

[ghostface147]

Originally Posted by Virgil-TB2

You know you should not use political metaphors if you don't have the faintest idea about politics (which is obvious by your use of said metaphors).

Didn't I see you on TV last night shouting at some health care debate?

Lol. I have never been to one of those town hall game shows. Now as far as my statement, I am completely aware that a Fuhrer and the Reich have nothing to do with the Soviet Union. I was just using two tyrannical examples. Sorry that wasn't clear enough.....

[studiomusic]

Originally Posted by Magic_Al

Psystar isn't necessarily going to lose. Remember when Microsoft was trying to claim they could require their web browser and only their web browser to be sold with Windows because it was integral? Well, Apple is trying to tie a whole computer to their OS! Why should courts side with Apple if they didn't side with Microsoft?

All Psystar wants to do is what every other PC manufacturer does, sell computers with someone else's OS, except Psystar wants Apple's OS, not Microsoft's.

Microsoft used it's position to force PC manufacturers to NOT install a competitor's product. That's what they got in trouble for. It was not because they bundled IE with Windows.

Is Sony in trouble for tying it's PS3 OS to it's PS3 hardware? Or Microsoft's XBOX software to the hardware? Or your microwave's software to it's hardware?

All Psystar wants to do is sell something they have no right to sell.

[cincytee]

Originally Posted by Magic_Al

Psystar isn't necessarily going to lose.... All Psystar wants to do is what every other PC manufacturer does, sell computers with someone else's OS, except Psystar wants Apple's OS, not Microsoft's.

Except, of course, that Microsoft *wants* and *licenses* manufacturers to install its OS in hardware because it doesn't make any itself. Apple does the opposite. It is not comparable.

[Quadra 610]

Originally Posted by Magic_Al

Psystar isn't necessarily going to lose. Remember when Microsoft was trying to claim they could require their web browser and only their web browser to be sold with Windows because it was integral? Well, Apple is trying to tie a whole computer to their OS! Why should courts side with Apple if they didn't side with Microsoft?

All Psystar wants to do is what every other PC manufacturer does, sell computers with someone else's OS, except Psystar wants Apple's OS, not Microsoft's.

Sure. Except Apple won't license OS X to other box makers. For very good reasons, the consumers' good being one of them.

[justflybob]

Originally Posted by Rot'nApple

If not, it ought to be... something like "The continuing case of Perry Mason"!

More like "PeeWee's Playhouse".

[Virgil-TB2]

Originally Posted by ghostface147

Lol. I have never been to one of those town hall game shows. Now as far as my statement, I am completely aware that a Fuhrer and the Reich have nothing to do with the Soviet Union. I was just using two tyrannical examples. Sorry that wasn't clear enough.....

Still kind of a dumb argument though and to compare the normal operation of a typical company going about it's business to the two most tyrannical, evil political regimes in recent history indicates you don't know a lot about history or economics either.

I appreciate you're being good humoured about my criticism, but what you're doing here *is* very similar to those people at the health care debates.

You are coming to an argument, seemingly not knowing much about the actual facts of the matter, and instead of arguing the facts you know, you're making a lot of extremist negative comments that just stir up hatred and fear for no apparent reason.

Apple is like a Stalinist regime in the same way that Jupiter is like a pea. They are both round, but that's pretty much it. There are a lot more dissimilarities than there are similarities.

[cmf2]

Originally Posted by Magic_Al

Psystar isn't necessarily going to lose. Remember when Microsoft was trying to claim they could require their web browser and only their web browser to be sold with Windows because it was integral? Well, Apple is trying to tie a whole computer to their OS! Why should courts side with Apple if they didn't side with Microsoft?

All Psystar wants to do is what every other PC manufacturer does, sell computers with someone else's OS, except Psystar wants Apple's OS, not Microsoft's.

How is that in any way related?

[anonymouse]

Originally Posted by ghostface147

Socialist Soviet Republic

BTW, the SSR in USSR stood for "Soviet Socialist Republics" not "Socialist Soviet..."

[Chris_CA]

asking readers to send in questions. The company states that they will take the top ten submissions for each Apple executive and ask them during the process.

re: "we don't know what we are doing so please, please, please help us out in any way possible, even sending in questions we should ask because we don't have a clue how to defend ourselves."

[ghostface147]

Originally Posted by anonymouse

BTW, the SSR in USSR stood for "Soviet Socialist Republics" not "Socialist Soviet..."

Oops, simple typo. No worries. Either way, they are still tyrannical idiots.

[Dr Millmoss]

Originally Posted by AppleInsider

Apple has a lawsuit against Psystar scheduled to start on January 11, 2010.

I've seen this deceptive statement in articles twice now. For the record, the lawsuit started the moment Apple filed their first complaint with the court, last year. The lawsuit has been ongoing ever since. January 2010 is the start of the trial, assuming there is one.

Originally Posted by b1937

Who is paying for these attorneys?? Psystar is supposedly broke.

They took it on contingency, which normally means the attorneys believe they can win a judgement or obtain a settlement. Either that, or they're a tiny law firm hoping to make a big name for themselves. After reading about these guys, I suspect it's more the latter.

[justflybob]

Originally Posted by Wiggin

Keep in mind these are the same attorneys who defended a woman in her appeal against the RIAA after a $22,000 judgement against her. As a result of the appeal, the jury INCREASED the fine to $1.92 million! After that, I suspect the law firm is working for free because who in their right mind would hire them after their "defense" resulted in a 10 fold increase in the fine against their client?

You meant to say 100 fold, right?

10 x 22,000 = 220,000

100 x 22,000 = 2,200,000

[piot]

Originally Posted by Dorotea

I'm sure Psystar supporters are joyous to think that any question can be asked.

I just found 8 individual "supporters" on Psystar's "community" forum.