Psystar counsel resigns from defense team in Apple suit

***AppleInsider*** · 10-02-2009, 04:20 PM

A California attorney representing Psystar in its defense against an Apple lawsuit withdrew himself from the case this week, according to new court documents.

David Welker of the law firm Welker and Rosario represented the Florida-based clone Mac maker in a ministerial capacity, meaning he was not involved in policy making for the defense team. His request to withdraw from the suit was granted.

According to documents filed with Judge William Alsup, Welker never had direct communication with Psystar and never received compensation from the company.

"My request is neither opposed by the lead counsel for Psystar, nor by counsel for Apple and they have received adequate notice," Welker wrote the court. "On September 23, attorney Eugene Action... was added as a counsel of record and he is capable of serving as local counsel in this case."

Reached for comment Friday by AppleInsider, Welker declined to comment, citing attorney-client privilege.

Previously, Welker had made official court filings on Psystar's behalf. In August, one such filing accused Apple executive Phil Schiller of being "unprepared" for deposition. Apple responded by calling the exercise an attempt to "harass" the company's senior vice president of Worldwide Product Marketing.

He first joined the team in July as substitute counsel when Psystar switched lawyers in its defense. Welker came on board along with the firm Camara & Sibley from Houston, Tex.

In its suit, Apple has alleged that Psystar's knock-off PCs install Mac OS X by circumventing the software's copy protection and violate the Digital Millennium Copyright Act. In August, after the release of Snow Leopard, Apple's latest operating system upgrade, Psystar sued for the right to install the software on its own custom-built machines.

Last week, Apple's effort to make Snow Leopard a on the part of the suit against Psystar was denied by Alsup. The judge, in his ruling, hypothesized that Apple wanted to do so in hopes of having the separate Florida case transferred to a California court.

The California trial in Apple's suit against Psystar is set to start in January 2010.

[ View this article at AppleInsider.com ]

jazzguru · 10-02-2009, 04:25 PM

Smart man.

mdriftmeyer · 10-02-2009, 04:57 PM

Quote:

Originally Posted by jazzguru

Smart man.

I suppose he was all Talk and no Action.

Rot'nApple · 10-02-2009, 05:03 PM

Quote:

Originally Posted by AppleInsider

David Welker of the law firm Welker and Rosario represented the Florida-based clone Mac maker in a ministerial capacity, meaning...

"Ministerial capacity" meaning a paper pusher, however, the Mac he was using was acting up due to bad vibes sent by Apple through "The Cloud" network causing the poor guy to not get any work done...

So he didn't let the door hit him on the way out!

vercordio · 10-02-2009, 05:06 PM

It has been well documented, throughout history, that a society's collapse is preceded by a small population exodus. Those few who see disaster coming get the hell out.

This is no different.

Theo Maschas · 10-02-2009, 06:23 PM

Quote:

Originally Posted by vercordio

It has been well documented, throughout history, that a society's collapse is preceded by a small population exodus. Those few who see disaster coming get the hell out.

This is no different.

This explains all those Apple Execs moving to Palm, perfectly.

BEEEEEEEEEEEEEEEE!

charlituna · 10-02-2009, 06:38 PM

Quote:

Originally Posted by jazzguru

Smart man.

yep. he could likely see that Apple was in the right and would win their Florida trial and then that could be used to get Cali tossed out and the firm would look like idiots. Better he get away from that mess.

justflybob · 10-02-2009, 06:40 PM

It's the one law even lawyers live by:

No moolah,
No sue yah.

sheff · 10-02-2009, 07:35 PM

Finally Pystar is smartening up. There is no way that anyone will be allowed to make money off OSX in the near future.

That said I still cautiously support project OSx86 simply because it allows me to play around with my dell machine (as in trying to make the box/drivers work as a hobby/play activity)

skutsdead · 10-02-2009, 07:57 PM

Smart man, indeed. Get over it, Psystar, Apple makes Mac hardware, and Mac software to go with Mac hardware. I don't see what the issue is. If you don't like having Windows on your PC, I suggest running Linux. Debian isn't much different than OS X.

Next they'll complain about not being able to run iPhone OS on hardware other than an iPhone.

success · 10-02-2009, 07:59 PM

Quote:

Originally Posted by AppleInsider

David Welker of the law firm Welker and Rosario represented the Florida-based clone Mac maker in a ministerial capacity...

He preyed for Psystar.

justflybob · 10-02-2009, 09:01 PM

Quote:

Originally Posted by success

He preyed for Psystar.

Funny, I always thought he was with Dewie, Cheatem and How.

sflocal · 10-03-2009, 12:12 AM

Well, it does validate the theory that rats are the first to jump off of a sinking ship.

MotherBrain · 10-03-2009, 01:47 AM

bites the dust??

Maximara · 10-04-2009, 01:50 AM

Quote:

Originally Posted by justflybob

It's the one law even lawyers live by:

No moolah,
No sue yah.

This is the one thing that has struck me as strange in all this. Given Psystar left its last law firm without paying them why did this current one take the case? From the beginning they has been something strange about Psystar and it is way past time to find out WHO is providing them the money to pay this current law firm.

charlituna · 10-04-2009, 11:42 AM

Quote:

Originally Posted by Maximara

This is the one thing that has struck me as strange in all this. Given Psystar left its last law firm without paying them why did this current one take the case?

IF they win the press would be huge. And they would get money then.

As for the previous firm, technically they are still owed the money and could get paid (cause the bankruptcy was dropped). I'm sure they aren't happy about the prospects that they never will, but they did take the case and didn't make the case.

Quote:

From the beginning they has been something strange about Psystar

you mean how anyone could be so stupid as to continue. they wanted to be heroes but now they look less like James Bond and more like the kid that rides on the short bus

or as a friend sent me - a secret look inside of Psystar headquarters

Craig Oates · 10-28-2009, 03:21 AM

Quote:

Originally Posted by Theo Maschas

This explains all those Apple Execs moving to Palm, perfectly.

BEEEEEEEEEEEEEEEE!

You are not theo Maschas, you are impersonating Theo Maschas. Theo Maschas would have never said this. Ony Craig Oates would say this kind of crap

10-02-2009, 04:20 PM	#1
*AppleInsider* Kasper's Automated Slave Join Date: Nov 1997 Posts: 6,151	Psystar counsel resigns from defense team in Apple suit A California attorney representing Psystar in its defense against an Apple lawsuit withdrew himself from the case this week, according to new court documents. David Welker of the law firm Welker and Rosario represented the Florida-based clone Mac maker in a ministerial capacity, meaning he was not involved in policy making for the defense team. His request to withdraw from the suit was granted. According to documents filed with Judge William Alsup, Welker never had direct communication with Psystar and never received compensation from the company. "My request is neither opposed by the lead counsel for Psystar, nor by counsel for Apple and they have received adequate notice," Welker wrote the court. "On September 23, attorney Eugene Action... was added as a counsel of record and he is capable of serving as local counsel in this case." Reached for comment Friday by AppleInsider, Welker declined to comment, citing attorney-client privilege. Previously, Welker had made official court filings on Psystar's behalf. In August, one such filing accused Apple executive Phil Schiller of being "unprepared" for deposition. Apple responded by calling the exercise an attempt to "harass" the company's senior vice president of Worldwide Product Marketing. He first joined the team in July as substitute counsel when Psystar switched lawyers in its defense. Welker came on board along with the firm Camara & Sibley from Houston, Tex. In its suit, Apple has alleged that Psystar's knock-off PCs install Mac OS X by circumventing the software's copy protection and violate the Digital Millennium Copyright Act. In August, after the release of Snow Leopard, Apple's latest operating system upgrade, Psystar sued for the right to install the software on its own custom-built machines. Last week, Apple's effort to make Snow Leopard a on the part of the suit against Psystar was denied by Alsup. The judge, in his ruling, hypothesized that Apple wanted to do so in hopes of having the separate Florida case transferred to a California court. The California trial in Apple's suit against Psystar is set to start in January 2010. [ View this article at AppleInsider.com ]

10-02-2009, 04:25 PM	#2
jazzguru Registered User Join Date: Mar 2009 Location: Oblivion Posts: 1,408	Smart man. "Revolutionary means you ship and then test... Lots of things made the first Mac in 1984 a piece of crap - but it was a revolutionary piece of crap." -Guy Kawasaki 20" iMac G5 1.8GHz - 5 years old and still revolutionary

10-02-2009, 06:40 PM	#8
justflybob Registered User Join Date: Nov 2007 Location: Second star to the right Posts: 595	It's the one law even lawyers live by: No moolah, No sue yah. Pity the agnostic dyslectic. They spend all their time contemplating the existence of dog. Last edited by justflybob; 10-02-2009 at 07:46 PM..

10-02-2009, 07:35 PM	#9
sheff Registered User Join Date: May 2009 Posts: 121	Finally Finally Pystar is smartening up. There is no way that anyone will be allowed to make money off OSX in the near future. That said I still cautiously support project OSx86 simply because it allows me to play around with my dell machine (as in trying to make the box/drivers work as a hobby/play activity)

10-03-2009, 01:47 AM	#14
MotherBrain Registered User Join Date: Feb 2008 Posts: 67	and another one bites the dust??

10-02-2009, 05:06 PM	#5
vercordio Registered User Join Date: Sep 2008 Location: West Village, NYC Posts: 32	It has been well documented, throughout history, that a society's collapse is preceded by a small population exodus. Those few who see disaster coming get the hell out. This is no different.

10-02-2009, 07:57 PM	#10
skutsdead Registered User Join Date: Oct 2009 Posts: 1	Smart man, indeed. Get over it, Psystar, Apple makes Mac hardware, and Mac software to go with Mac hardware. I don't see what the issue is. If you don't like having Windows on your PC, I suggest running Linux. Debian isn't much different than OS X. Next they'll complain about not being able to run iPhone OS on hardware other than an iPhone.

10-03-2009, 12:12 AM	#13
sflocal Registered User Join Date: Sep 2008 Posts: 310	Well, it does validate the theory that rats are the first to jump off of a sinking ship.

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