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.
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.
Comments
Smart man.
I suppose he was all Talk and no Action.
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!
This is no different.
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!
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.
No moolah,
No sue yah.
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)
Next they'll complain about not being able to run iPhone OS on hardware other than an iPhone.
David Welker of the law firm Welker and Rosario represented the Florida-based clone Mac maker in a ministerial capacity...
He preyed for Psystar.
He preyed for Psystar.
Funny, I always thought he was with Dewie, Cheatem and How.
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.
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.
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
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