Linked by Thom Holwerda on Sun 10th May 2009 22:22 UTC
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Member since:
2005-07-24
You can't be serious. Do you really think "The dog ate my financials" is a valid defense in court?? Apparently, the Judge wasn't impressed, and from Groklaw comes the following:
"Psystar's excuses for not providing discovery didn't fly at the May 5th hearing, I gather, and the judge has granted Apple's motion to compel..." ..."The judge took care of the final issue, and the outcome is that Psystar is to produce the discovery items by 5/18, by high noon. Does that mean the dog didn't eat *all* the financial documents after all?"
I hate to burst your bubble but Psystar had all legally required paperwork - it did not have the extra paperwork a corporation would have generated due to their public obligations.
Psystar simply may not have quarterly anythings - they CAN file yearly. Other documents requested were merely projections made for would-be investors. A company so young will lose documents - simple as that. I've been in the game for more than a decade and I still occasionally discover that I am missing some odd hard/soft copy of something I need. Sometimes the actual data is gone for good ( which ain't good ).
The U.S. Fscking Government has made things more complicated than need be - and most states make it even worse. The good side effect of that is the job creation virtually every successful upstart will create - but fewer will succeed. And fewer still will have their documentation in order for the first year or so.
In any event, whereas the documentation requested is not legally required it does hold importance for Apple - so it can prove and document damages. The requested documentation would also likely make things easier for Psystar - if they had it. Lacking the documentation Apple will have a more difficult time calculating "losses." As such, the judge would agree with Apple's request to compel - he certainly can't say much of anything else without essentially rendering a verdict without trial.
--The loon