Linked by Thom Holwerda on Fri 28th Aug 2009 22:05 UTC
Legal The week isn't even over yet, and we already have another instalment in the Apple-Psystar soap opera. Psystar has filed a new lawsuit in the Florida Southern District Court in Miami, asking for an injunction and damages because of Apple's "anticompetitive attempts to tie Mac OS X Snow Leopard to its Macintosh line of computers".
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RE: I'm confused...
by looncraz on Sat 29th Aug 2009 02:51 UTC in reply to "I'm confused..."
looncraz
Member since:
2005-07-24

It is like hedging your bets... if Psystar wins this new suit, which is actually rather likely, then they can almost afford to lose the previous so long as no damages are awarded.

The new lawsuit likely focuses on Snow Leopard and any product thereby derived. As such when/if Psystar wins the lawsuit they will be able to continue business as usual indefinitely with Apple forbidden to interfere.

Now, let us assume Psystar loses the current case:

They are found guilty of copyright/patent violation and told to stop distributing MacOS X... except MacOS X isn't a single product - it is a product line. Therefore, the court orders on each case of infringement individually, but a court has already settled the newest round of products ( Snow Leopard+ ), so those become legal - with everything that Psystar has done no longer meaning anything at all.

This really only holds completely true so long as Apple doesn't re-decide to seek damages ( though they probably can't prove any damages ).

The best result, naturally, is that Psystar clearly wins both cases. A good result is that Psystar wins the second case, regardless of the first.

The bad case is that Psystar loses both. Then we are full fscked.

--The loon

Reply Parent Score: 5

RE[2]: I'm confused...
by Tuishimi on Sat 29th Aug 2009 06:44 in reply to "RE: I'm confused..."
Tuishimi Member since:
2005-07-06

It is like hedging your bets... if Psystar wins this new suit, which is actually rather likely, then they can almost afford to lose the previous so long as no damages are awarded.


You think? Shall we place a wager?

Reply Parent Score: 2

RE[2]: I'm confused...
by jragosta on Sat 29th Aug 2009 12:42 in reply to "RE: I'm confused..."
jragosta Member since:
2009-08-29

"if Psystar wins this new suit, which is actually rather likely"

Sure - as likely as hell freezing over.

The judge already rules on this issue wrt Leopard. His ruling was that Apple was not abusing its copyrights in refusing to license its OS to all comers.

Snow Leopard is even stronger for Apple - because the Snow Leopard advertising specifically states that it's an upgrade. The courts have consistently ruled that upgrade licenses are enforceable - that is, Microsoft can sell you an upgrade license for less money than a full license and you can't install it on a clean system.

Psystar has even less chance of winning this one than the one they ALREADY lost. Dell's not getting much of a return for all the money they spent supporting Psystar.

Reply Parent Score: 1