Psystar is officially toast!

Posted:
in General Discussion edited January 2014
From The Mac Observer...



http://www.macobserver.com/tmo/artic...enies_psystar/



Here comes 'da judge. Psystar is infringing. Remedy hearing is Nov 23.

Comments

  • Reply 1 of 16
    This is hilarious- I was just about to hit new thread and my title was going to be exactly what you had!



    Yep- don't screw with Apple.



    OK- so Jobs- now that this crap is out of the way, can you please bring out the slate? I want to get one for my wife.
  • Reply 2 of 16
    Interesting development, but we'll know it's over when the judge rules on an injunction. Presumably Apple has asked for one.
  • Reply 3 of 16
    melgrossmelgross Posts: 30,347member
    Yeah, I was going to do one as well.



    Here's this from Groklaw. They'll likely have a deep analysis in the next few days.



    http://www.groklaw.net/index.php



    Read the actual decision linked to in the article, very interesting, and a total wipeout.
  • Reply 4 of 16
    Quote:
    Originally Posted by melgross View Post


    Read the actual decision linked to in the article, very interesting, and a total wipeout.



    Maybe, but it read to me more like a big putdown on the free as in beer crowd, which I'm pretty sure isn't the key issue here. The issue of an injunction seems like a big loose end, and a bunch of other issues remain for trial. Either way, Pystar's lawyers can't be having a very nice weekend. I can't say I feel sorry for them.
  • Reply 5 of 16
    melgrossmelgross Posts: 30,347member
    Quote:
    Originally Posted by Dr Millmoss View Post


    Maybe, but it read to me more like a big putdown on the free as in beer crowd, which I'm pretty sure isn't the key issue here. The issue of an injunction seems like a big loose end, and a bunch of other issues remain for trial. Either way, Pystar's lawyers can't be having a very nice weekend. I can't say I feel sorry for them.



    As Psystar has lost all of its pleadings, how can there be doubt that Apple will be granted injunctive relief?



    It's really more a question as to what they ask for, and how much of it the judge will grant. But whatever happens, there's not doubt that Apple will be granted an injunction against Psystar's selling any more machines withLeopard. the only real question is whether he will allow Apple to extend those to 10.6 and updates as well, or whether that will be be handed over to the Florida court.



    As has been pointed out, courts rarely don't defer to a previous decision involving the same parties on a similar case. It's likely, therefor, that the Florida judge will take this into account, and agree with its findings as regards 10.6.x.



    I can't see Psystar being allowed to sell something that has been judged illegal.



    Whether Apple will be granted relief in forcing the return of all sold product is a different, and interesting question.



    In addition, Apple has claimed that other parties are behind this. What is happening in the attempt to identify them, if they do indeed exist?
  • Reply 6 of 16
    Adios, losers.



    Faster than I expected.
  • Reply 7 of 16
    Not being a lawyer, I can't say -- but on the face of it, I'd have to suppose that an injunction will be forthcoming. Still I see that and the many issues still set for trial as being potentially big loose ends.



    I've always thought the "conspiracy" angle on this has been overplayed, and seems to be based mainly on Apple naming Joe Doe defendants in the suit, which is SOP. I suspect that the only interest Apple has in these Joe Doe defendants is monetary at such time as damages are assessed. Psystar has to be broke (or soon will be), but they might have investors who aren't.
  • Reply 8 of 16
    Apple's EULA is legal, like we knew all along.



    This is excellent news for other vendors who rely on the integrity of the EULA.
  • Reply 9 of 16
    melgrossmelgross Posts: 30,347member
    Quote:
    Originally Posted by Dr Millmoss View Post


    Not being a lawyer, I can't say -- but on the face of it, I'd have to suppose that an injunction will be forthcoming. Still I see that and the many issues still set for trial as being potentially big loose ends.



    I've always thought the "conspiracy" angle on this has been overplayed, and seems to be based mainly on Apple naming Joe Doe defendants in the suit, which is SOP. I suspect that the only interest Apple has in these Joe Doe defendants is monetary at such time as damages are assessed. Psystar has to be broke (or soon will be), but they might have investors who aren't.



    Agreed.



    I see writing that as with SCO, MS might be behind this.



    But unless someone in MS has gone totally insane, that couldn't be possible. If Psystar had won this, then the one company who would have lost the most, after Apple's loss of some hardware sales, would be MS.



    I can't imagine who the "invisible investors" could be, but if Apple wins monetary relief, which seems likely, then all of Psystars' income sources must be revealed, even if they are contractually immunized from suit.
  • Reply 10 of 16
    Quote:
    Originally Posted by melgross View Post


    I can't imagine who the "invisible investors" could be, but if Apple wins monetary relief, which seems likely, then all of Psystars' income sources must be revealed, even if they are contractually immunized from suit.



    Some venture capital must have been required for the startup, but I can't imagine it was much, since they never were really much more than a glorified screwdriver shop. I just hope it wasn't some poor mislead sap who took out a second mortgage on his house.
  • Reply 11 of 16
    It ain't over till the fat lady sings!



    Prepare for the criminal case against Psystar next, for defrauding investors.
  • Reply 12 of 16
    melgrossmelgross Posts: 30,347member
    Quote:
    Originally Posted by Dr Millmoss View Post


    Some venture capital must have been required for the startup, but I can't imagine it was much, since they never were really much more than a glorified screwdriver shop. I just hope it wasn't some poor mislead sap who took out a second mortgage on his house.



    One thing we can be sure of is that it won't be a "real" venture capitalist company.
  • Reply 13 of 16
    melgrossmelgross Posts: 30,347member
    Quote:
    Originally Posted by Rokcet Scientist View Post


    It ain't over till the fat lady sings!



    Prepare for the criminal case against Psystar next, for defrauding investors.



    Legally, this can be a criminal copyright violation case as it is. You can claim criminal violation if the purpose was to make money and did so.



    http://www.law.cornell.edu/uscode/ht...6----000-.html
  • Reply 14 of 16
    nofeernofeer Posts: 2,422member
    apple needs to know who really is behind this mess, its not just simply brothers got together to pull this off.....too many resources have been used, WHO was really bankrolling this shell game
  • Reply 15 of 16
    areseearesee Posts: 776member
    Quote:
    Originally Posted by melgross View Post


    I see writing that as with SCO, MS might be behind this.



    Why Microsoft? What do they have to gain? They can already sell their OSs to Mac users. The ones with something to gain is the Dells, Gateways and HPs. They would love to put the Mac OS onto their machines.
  • Reply 16 of 16
    melgrossmelgross Posts: 30,347member
    Quote:
    Originally Posted by aresee View Post


    Why Microsoft? What do they have to gain? They can already sell their OSs to Mac users. The ones with something to gain is the Dells, Gateways and HPs. They would love to put the Mac OS onto their machines.



    I said that some writers think that they could be behind this. Those writers are nutty. As I already said, MS would be crazy to back them.
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