posted by Thom Holwerda on Wed 13th May 2009 09:53 UTC
IconTwo weekends ago, Apple accused Psystar of withholding information in the ongoing lawsuit between the two companies, and the Cupertino company asked the judge to order Psystar to reveal said information. Psystar replied, explaining that some documents simply did not exist, and some were lost during a move of offices. Apparently, judge Alsup wasn't impressed with the defence, and sided with Apple.


Why?

Before we get to the terms of the new agreement between Apple and Psystar, it might be good idea to detail why, exactly, Apple wants so much detailed financial information from Psystar. The first obvious reason is that Apple claims Psystar's business is causing Apple damages; Apple wants to know how much, exactly.

Still, that doesn't account for much of the detailed information Apple is seeking. This is where Apple's rather black helicoptery (in my view) idea comes into play: the Cupertino company believes Psystar cannot be a viable business, as such it must receive backing from third parties. Apple doesn't yet know which third parties, and that's why they want all the detailed information.

I'm personally intrigued by why Psystar claims it doesn't have certain information, or why some of it was lost. Commenters here on OSNews have stated that many small and young business loose such information all the time, but I personally do find that a little odd.

Many people also wonder if Psystar is breaking any laws by not having the specified financial information on record. I'd say that if they were being naughty, the IRS would've been all over them already, and Apple would've surely used such knowledge to attack the small company that way. In other words, Psystar is probably in full compliance with tax laws, else we'd already know.


Terms

Apple and Psystar came together late last week to work out their differences on a variety of matters. Several things were worked out and agreed upon, but judge Alsup had to settle the final issue, the one of the financial documents.

The outcome is that Psystar has to produce all requested documents by noon May 18. In addition, Apple also gets another hearing with another Psystar representative - other than the CEO that is, who couldn't answer all of Apple's questions. This hearing will take place on June 3.

If Psystar fails to produce said documentation, Apple will be allowed to continue investigations into the young company even after the discovery period has ended. To give Psystar an incentive to produce the documents before May 18, any additional legal fees Apple might have to pay getting the documents anyway must be paid for by Psystar.

Apple eating Psystar in Pacman-like way. Lame, I know.


Sidetracked

All this talk about Psystar not being able to produce financial documents seems to have sidetracked the discussion on what's really going on here. This lawsuit is not about Apple, it's not about Psystar, it's not even about Mac OS X. The core of this lawsuit has to do with the rights consumers are granted by law.

When trying to find your place in this discussion, you have to ask yourself what is more important to you: your lawful rights as a consumer, or a company's ability to impose restrictions upon how you use products you legally obtained and paid for.

The choice is yours.

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