Linked by Thom Holwerda on Mon 4th May 2009 21:18 UTC
Legal This 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.
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WTF???
by JonathanBThompson on Mon 4th May 2009 22:31 UTC
JonathanBThompson
Member since:
2006-05-26

Let me get this straight: Psystar has a case sufficient to make it worth the court's time to a judge such that they don't get told "Go ahead, you're clearly right!" and you think Apple is going to offer them a pile of money for violating their IP? Must be too free of drug trade around your parts, as that's the only logical conclusion to explain that rationale ;)

Meanwhile, it says a heck of a lot that Psystar claims to have lost all those documents: what does that say about customer service, or the security of any customer's data that falls into their hands? Oh, and there's another thing that's clearly going to raise red flags: what about recurring federal and state income and use tax payments, which have to be made usually at least once per quarter, often once per month? With such crappy record keeping and accounting as they're using, they're pushing their luck in regards to not being audited by the state and federal IRS right into jail for tax evasion. Anyone serious about being a going concern will be very well aware that they need to have their legal butts covered, and very good records of all that, and have that available for several years, lest they get audited, heavily fined or imprisoned for tax evasion and the like. I don't suppose you know how Al Capone was eventually taken off the streets... And that's a very good reason right there why Apple would insist on such documentation, not to mention being able to more precisely argue how much harm they believe they've suffered from the IP infringement and potential dilution of the brand.

Reply Score: -1

RE: WTF???
by poundsmack on Mon 4th May 2009 23:09 in reply to "WTF???"
poundsmack Member since:
2005-07-13

to anyone who has ever run a start up eploying only a few people and scrambeling to make a profit, book keeping isn't aslways perfect. things are rushed, overlooked, and some times just plain lost. I have done several startups and in the begining isn't not that perfectly managed thing where everything is filed accordingly and what not. Peronally I don't care what side wins this case, but I can understand where they are comming from on the basis of being a startup struggeling to survive. it must be even harder being under constant litigation.

I am not saying what they are doing it right, but I do understand it.

Reply Parent Score: 5

RE[2]: WTF???
by darknexus on Tue 5th May 2009 02:15 in reply to "RE: WTF???"
darknexus Member since:
2008-07-15

At the same time, one would think that if Psystar was started specifically to sell these Mac clones, they would have been a lot more careful with their filings since they were knowingly going into dangerous territory. On the other hand, if they started up and only later decided to sell these Opencomputers (Mac clones, basically) that's another matter. I don't know which is the case, I'm just saying that if they were intending to challenge Apple they should have been a bit more careful about bookkeeping.

Reply Parent Score: 2

RE[2]: WTF???
by Soulbender on Tue 5th May 2009 06:33 in reply to "RE: WTF???"
Soulbender Member since:
2005-08-18

things are rushed, overlooked, and some times just
plain lost.


If you're so disorganized that you lose the very important paperwork that you use in the litigation process that you are currently in, well, maybe you shouldn't be running a company in the first place and may just be getting what you deserve.
Not that I don't think Apple are a bunch of assholes but seriously, you lost the paperwork? That might fly in a movie but in real life it just means you're a moron.

Reply Parent Score: 4

RE: WTF???
by rajj on Tue 5th May 2009 03:38 in reply to "WTF???"
rajj Member since:
2005-07-06

They didn't say that they lost the documents. It says that they never had them to begin with.

Reply Parent Score: 4

RE: WTF???
by segedunum on Tue 5th May 2009 10:49 in reply to "WTF???"
segedunum Member since:
2005-07-06

and you think Apple is going to offer them a pile of money for violating their IP?

By IP I assume you mean intellectual property and believe it or not, in a court of law it means absolutely nothing. It will have to be established that Psystar have violated a copyright or specifically violated the EULA for OS X and whether that can be enforced. Something concrete, you know? Asserting that IP is being 'violated' doesn't mean anything I'm afraid.

The red mist seems to be coming down with this as it is with so many Apple fans.

Meanwhile, it says a heck of a lot that Psystar claims to have lost all those documents

They didn't claim any such thing. They have just said that they didn't have the information at all and have disclosed everything they could thus far. Anything else is just pointless posturing by Apple because they have a paranoid delusion that Psystar is getting secret funding. A judge won't be impressed. Not only is it shooting in the dark, it doesn't mean anything in the context of the case.

Reply Parent Score: 4

RE[2]: WTF???
by JonathanBThompson on Tue 5th May 2009 16:43 in reply to "RE: WTF???"
JonathanBThompson Member since:
2006-05-26

One of us is remembering incorrectly: they've also created modified copies of Apple software for their purposes, as well as using their trademarks inappropriately, so it isn't entirely about the EULA, and those things are pretty clearly addressed in IP litigation law.

Reply Parent Score: 2