We’ve got some intriguing news about the Apple vs. Psystar case. The depositions where Apple asked questions to Psystar are now over, and now it’s time for Psystar to hold depositions of several people in the very highest echelons in Apple. Psystar’s new lawyer team takes a more open approach to the lawsuit, and has now published the list of Apple people that will be testifying, and is also asking for community input.
Psystar is clearly eager to start the deposition process. “For the past week and for the following ten days we will be doing depositions of some of Apple’s highest level people,” Psystar writes, “After numerous depositions of Psystar employees and associates the shoe is finally on the other foot, oh the joy!”
This is the list of people testifying:
Aug. 07 – John Wright – OS X – Senior Software Manager
Aug. 12 – Kevin Van Vechten – OS X – Software Engineering Manager
Aug. 13 – Phil Schiller – Marketing – Senior VP Worldwide Product Marketing
Aug. 14 – Mike Culbert – Mac Hardware – Senior Director
Aug. 18 – Gary Thomas – TBD
Aug. 19 – Simon Patience – OS X – Head of Core OS
Aug. 21 – Mark Donnelly – Apple – VP Finance and Worldwide Business management
Aug. 21 – Greg Christie – TBD
Aug. 21 – Mansfield – Mac Hardware – Senior VP Mac Hardware Engineering
Due to the interest in this lawsuit, Psystar’s lawyers are providing the community with the opportunity to send in the questions they’d want answered. The ten most popular questions for each person in the list will be asked, but Psystar warns that the answers might not become public until the case is over.
The one question I want answered is the one question that is the central pillar of this entire discussion, and I don’t care who answers it. The Mac OS X EULA speaks of “Apple-labelled computers”. What is the strict definition of “Apple-labelled”? It can’t mean “manufactured by Apple”, because just like any other OEM, Apple doesn’t actually manufacture any hardware. Do I have to take it literally? Can I put an Apple logo on a hackintosh and be in compliance? Maybe it means designed by Apple, then? All sorts of questions rise from this: can I take the PowerPC guts out of my PowerMac G4, put modern hardware in it, and then install Mac OS X without breaking the EULA? The PowerMac would still be designed and sold by Apple! Does it mean sold by Apple? What if I buy at an independent retailer? That’s all we have in The Netherlands (except for buying from Apple online)!
I’d like an answer to that one. The Apple-labelled thing is at the very centre of this discussion, and exposing the ridiculousness of it will invalidate the Mac OS X-only-on-Apple-hardware post-sale restriction like a house of cards.
It might be argued that ripping the guts out of a G4, replacing the motherboard, would constitute a new computer… or, some might see it as an upgrade, but, If they are talking “Apple labelled…” and they haven’t defined that term legally, I think you have something! I would suggest that the stick-on Apple logos that I’ve found in Apple packaging might just suffice..!
Oh drat! I suppose that breaks copyright… G4 it is!
Can’t wait to hear what happens with this. I’d have a hunch they’re getting funded now to go through and fight the case. Now who could be doing that..?