posted by Thom Holwerda on Mon 17th Aug 2009 22:26 UTC
IconThe legal bickering between Apple and Psystar is almost getting uglier and grittier by the day. In a filing made last week, the Cupertino giant accused Psystar of destroying evidence, but today the clone maker has vigorously denied ever having done such a thing.

In the filing made last week, Apple accuses Psystar of destroying evidence, but because large parts of the filing are censored out, probably to protect Apple's trade secrets, it's hard to get a good and decent overview of what, exactly, Apple is claiming Psystar erased. The filing begins like this: "Defendant, Psystar Corporation, has destroyed relevant evidence that it was legally required to preserve. Specifically, Psystar has overwritten - i.e., erased - infringing versions of the software code used on computers sold to its customers."

What I draw from the various articles I've read on this one, is that Apple claims that Psystar has overwritten code that it used to circumvent Apple's "technological protection measures" (which would be a DMCA violation). As an amateur hackintosh builder, I think what Apple is referring to is that Psystar used to use the more legally questionable method to boot Mac OS X - i.e., the method which requires altering the actual install disk - but has since moved to the boot-132 method, which does not require any alteration of the Mac OS X disk at all, and therefore, cannot be classified as a breach of the DMCA.

That's all we can vaguely deduct from this matter. Because of the mostly blanked-out document, it's hard to get a good idea of what's going on. My first, logical thought was that Apple is simply referring to Psystar updating its and its customers' machines to move away from the legally questionable method and towards the boot-132 method. That would explain the specific reference to "overwritten".

Apple demanded a hearing on this situation, asking the judge to force Psystar to produce the evidence Apple says Psystar destroyed. The hearing has been set for August 20. If my wild guess is anything near reality, I'm sure the Psystar guys can dig up some older machine or some disc somewhere to produce said evidence.

That is, assuming the above has any base in reality. Psystar has responded to the Apple's accusations, and the company couldn't have been more blunt about it. "Psystar has not destroyed documents," is the simple but direct reply to the situation from Psystar's lawyers.

It's a simple case of Apple's word versus Psystar's word, and because of the censored documents, we can't really confirm anything at this point.

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