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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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

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