Linked by Thom Holwerda on Sun 10th May 2009 22:22 UTC
OSNews, Generic OSes And another week passes us by. This week we were informed about two projects replacing some GNU software with alternatives, FreeBSD, KDE, OpenOffice.org, and Windows 7 did new releases, Psystar replied to Apple's allegations (and the Apple world completely ignored it), and Chrome users were the most up-to-date with their browsers. This week's my take is a prelude to the one for next week.
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Psystar: "The dog ate our financials!"
by FurryOne on Mon 11th May 2009 02:03 UTC
FurryOne
Member since:
2006-01-23

The letter made some very valid points, but to my own very, very sad surprise, absolutely none of the major Apple news sites covered it, despite the fact that they did cover Apple's letter.

You can't be serious. Do you really think "The dog ate my financials" is a valid defense in court?? Apparently, the Judge wasn't impressed, and from Groklaw comes the following:

"Psystar's excuses for not providing discovery didn't fly at the May 5th hearing, I gather, and the judge has granted Apple's motion to compel..." ..."The judge took care of the final issue, and the outcome is that Psystar is to produce the discovery items by 5/18, by high noon. Does that mean the dog didn't eat *all* the financial documents after all?"

Reply Score: 1

melkor Member since:
2006-12-16

And if only the courts had been so diligent with SCO...

it's amazing how much special treatment certain favoured US companies get by the US legal system...

How a software company can limit what hardware you run the software is on is beyond me, any common sense would tell you that it's unfair to the consumer, and is bordering on legal stupidity. But then, law has never been based on common sense logic.

Dave

Reply Parent Score: 3

looncraz Member since:
2005-07-24

The letter made some very valid points, but to my own very, very sad surprise, absolutely none of the major Apple news sites covered it, despite the fact that they did cover Apple's letter.

You can't be serious. Do you really think "The dog ate my financials" is a valid defense in court?? Apparently, the Judge wasn't impressed, and from Groklaw comes the following:

"Psystar's excuses for not providing discovery didn't fly at the May 5th hearing, I gather, and the judge has granted Apple's motion to compel..." ..."The judge took care of the final issue, and the outcome is that Psystar is to produce the discovery items by 5/18, by high noon. Does that mean the dog didn't eat *all* the financial documents after all?"



I hate to burst your bubble but Psystar had all legally required paperwork - it did not have the extra paperwork a corporation would have generated due to their public obligations.

Psystar simply may not have quarterly anythings - they CAN file yearly. Other documents requested were merely projections made for would-be investors. A company so young will lose documents - simple as that. I've been in the game for more than a decade and I still occasionally discover that I am missing some odd hard/soft copy of something I need. Sometimes the actual data is gone for good ( which ain't good ).

The U.S. Fscking Government has made things more complicated than need be - and most states make it even worse. The good side effect of that is the job creation virtually every successful upstart will create - but fewer will succeed. And fewer still will have their documentation in order for the first year or so.

In any event, whereas the documentation requested is not legally required it does hold importance for Apple - so it can prove and document damages. The requested documentation would also likely make things easier for Psystar - if they had it. Lacking the documentation Apple will have a more difficult time calculating "losses." As such, the judge would agree with Apple's request to compel - he certainly can't say much of anything else without essentially rendering a verdict without trial.

--The loon

Reply Parent Score: 3

alcibiades Member since:
2005-10-12

The problem seems to be unique to Apple sites. What seems to happen is that once you start to court Apple people, you go down an awful path which extinguishes real critical journalism. To my mind, Ars has gone down there, but is now tiptoeing back.

The Apple readers are avid consumers of any news or gossip however trivial that puts Apple in a good light, and fierce trashers of anything at all critical. They also are avid enthusiasts of any stories which relate to the experience of being an Apple buyer or user. So this leads to stories like those appearing on Ars where they show you a series of photos of someone opening a cardboard carton and taking out a bit of computer or phone, and head that section 'The Out of Box Experience'. Jacqui Cheng is the worst example. That idiotic recent 'story' about some nutter who had painted his keyboard white to match his iMac or some such piece of vapid gossipy personal interest story.

The result is that gradually people stop writing or publishing critical journalism in that forum. Every competitor of Apple is then regarded as Bad. Everything Apple does is Good. Even if, and maybe especially if, it is the opposite of what Apple did last week.

Psystar has become a sort of villain for the Apple people for no other reason than that they take a different view of the law. But in the eyes of the Apple enthusiasts, they disagree, so they are Bad. Actually, something interesting is at stake in the Psystar case, and its to do with our freedom. But you'd never guess that from Infinite Loop.

We finally end up with what started out as a journal publishing articles with no particular point of view on the industry, turning into a mixture of this and an Apple fanzine. The next step is to segregate the craziness, and so we end up with Infinite Loop. In the process we gained yet another fanzine, and lost another outlet for normal critical journalism about Apple.

Thom is right - it doesn't exist. The fans, inspired by Cupertino Marketing, will do everything they can to eliminate it. OSNews is about the only place on the net that has not succumbed to this. Keep it up.

Reply Parent Score: 2