posted by Thom Holwerda on Wed 22nd Oct 2008 07:33 UTC
IconEarlier this week we reported on the court case between Apple and PsyStar, stating they went into settlement negotiations. Details, however, were sparse. The law firm representing PsyStar has now replied to the matter, and there's good news for those of us who hope to see crazy EULA clauses tested in court.

It's a "non-story", a lawyer for PsyStar said. The fact that both parties are entering negotiations doesn't really say anything. "The Northern District [of California] requires you to go through ADR. It's standard practice, not for all courts, but the practice is growing. Quite frankly, all the talk about entering negotiations is really a non-story." He reiterates that the case is still "very much alive".

The lawyer explains that according to him, the real story is PsyStar's reply to Apple's motion to dismiss. Apple claims that "Neither the federal nor the state antitrust laws require competitors to stop competing with, and instead to start helping, each other."

"Apple is nothing if not tenacious," PsyStar argues, "Having previously asserted this very same argument in attempts to dismiss antitrust claims related to Apple's iPod, iTunes Music Store, and iPhone ending in the Northern District of California." PsyStar claims all those attempts to dismiss antitrust claims were denied too, and cited several rulings to support this claim.

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