posted by Thom Holwerda on Mon 4th May 2009 21:18 UTC
IconThis past weekend, Apple accused Psystar of withholding information in the ongoing lawsuit between the two companies. The letter made it onto the internet, and was widely reported on. Psystar has now replied to Apple's letter, and there's some serious venom in there.


Psystar states in the letter to Judge Alsup that it has supplied all the financial information it has retained to Apple. "Appleā€™s assertion is incorrect as Psystar, a start-up company with a continuously changing staff of less than 20 employees, has made a good faith effort to meet - and has met - all of its obligations to produce responsive documents to Apple. Apple's request for relief should be denied."

Psystar further states in the letter that ever since the lawsuit started, the company has produced all necessary information to Apple on a rolling basis (and continues to do so), and that any financial information from before the lawsuit has also been given to Apple. The letter further repeats the words of Rudy Pedraza, CEO of Psystar: some financial documents from before the lawsuit simply do not exist.

For instance, Psystar has never generated any monthly/quarterly/yearly profit and loss statements, but it did create such documents every now and then for payment processor vendors, such as Gravity Payments. Apple has subpoenaed the documents from these third parties, Psystar says. They also say some invoices and receipts were lost during a move of offices, and that the financial projection document used to obtain funding has been lost, because it never existed as a hard-copy.

The letter summarises:

Unlike Apple, Psystar is a small start-up company with limited resources. Psystar has, due to Apple's discovery tactics, focused much of those resources on litigation. Most of Psystar's financial transactions - including customer receipts - occur in electronic form. Psystar does not receive hard copies of its bank statements. Psystar does not unnecessarily create paper documents that exist in electronic form. Psystar has not created formal monthly/quarterly/yearly profit and loss statements and is just now beginning to aggregate such information based on the same documents and information that Psystar produced to Apple in this litigation.

Psystar further claims that all this is known by Apple, and as such, they wonder why Apple sent out the letter anyway. And then the cobra opens his mouth and spits venom. "Apple's filing serves no other purpose than to serve as fodder for a blogosphere otherwise rabid for new details on this litigation or to incur unnecessary expense on behalf of Psystar."

Interesting assertion, but obviously just as ridiculous without any proof as Apple's claim that there are super secret investors behind Psystar out to destroy Apple. Still, it's an interesting point of view, that will certainly illicit some serious discussion.

As Kroc and I already concluded in episode 7 of the OSNews Podcast, it's becoming ever more clear that Psystar is not in this for the money, as was often claimed at the onset of this whole situation. If they were in it for the money, they could've settled this case ages ago, with a big sack of money from Apple. As it stands now, it appears that Psystar is truly in this for the ideological aspect of this case, which can only be seen as a good thing for consumers in the United States.

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