Legal Archive

Strike one for Apple. Curling is a better sport anyway - the first end goes to Apple. The Cupertino company sued clone maker PsyStar for licensing and trademark violations and copyright infringement, only to be greeted by a counter lawsuit from PsyStar, who claimed Apple was a monopolist. U.S. District Judge William Alsup sided with Apple on the counter lawsuit Tuesday. In his 16-page decision Tuesday, Alsup ruled Apple's products don't constitute a market to dominate. As a consequence, Apple then can't be considered a monopolist, Alsup wrote. An Apple spokesman had no comment. A representative for Psystar couldn't be reached for comment. The original lawsuit is still running, so PsyStar can, for now, continue selling its clones.

Prices of flat panels have been dropping quite steadily ever since they first came to market, but apparently, they could've dropped a whole lot lower if it wasn't for those pesky flat panel manufacturers. Three flat panel makers, LG Display, Sharp, and Chunghwa Picture Tubes (tubes...?) have pleaded guilty to engaging in price fixing schemes to the US Department of Justice, and agreed to a shared USD 585 million fine.

Earlier this week we reported on the court case between Apple and PsyStar, stating they went into settlement negotiations. Details, however, were sparse. The law firm representing PsyStar has now replied to the matter, and there's good news for those of us who hope to see crazy EULA clauses tested in court.

The legal battle between Macintosh clone maker PsyStar and Apple is still being waged, but it appears that the two companies are going to do what some of us had already predicted: settle the whole thing out of court.

Compulsory Windows purchasing by way of PC bundles is one of the biggest hurtles to alternative OS adoption. Some people have been able to fight it: "Reading the Slashdot article about Dave Mitchell from Great Britain, who got a 47 pounds refund from Dell for returning his copy of Windows was an inspiration for me to check, if it is possible in Poland, too. This is my success story."

Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anticompetitive business practices. Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple's tying of the Mac OS to Apple-labeled hardware is "an anticompetitive restrain of trade", according to attorney Colby Springer of antitrust specialists Carr & Ferrell. Psystar is requesting that the court find Apple's EULA void, and is asking for unspecified damages. Psystar's attorneys are calling Apple's allegations of Psystar's copyright infringement "misinformed and mischaracterized". Psystar argues that its OpenComputer product is shipped with a fully licensed, unmodified copy of Mac OS X, and that the company has simply "leveraged open source-licensed code including Apple's OS" to enable a PC to run the Mac operating system.

There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to take legal action against PsyStar, claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.

We covered earlier about Apple suing Psystar the creator of Open Computer. Now we have more details of the complaint . Apple's complaint is now available online (registration required).

Apple has filed a suit (more details) on July 3rd against Psystar in the northern district of California. Psystar dubbed its cheap Mac Clone as Open Computer and started shipping them around April of this year.

Even though the White House "strongly support" the FISA bill, and contends it is necessary to provide "our intelligence professionals the tools they need to keep our Nation safe," and urges the Senate "to act as soon as it returns from its recess," the Bush Administration is willing to veto the legislation and forgo these tools unless the telecom immunity is given effect immediately.

Cisco is not taking enough action to stamp out the sale of counterfeit products on Internet auction sites, according to networking-product resellers. Mike Sheldon, chief executive of reseller Network Hardware Resale, told ZDNet UK on Wednesday that Cisco was not willing to co-operate with resellers to investigate potentially counterfeit Cisco products being sold on auction sites such as eBay.

The story of Hans Reiser, the eccentric file system programmer, is a tragic one. The author of the ReiserFS was arrested under suspicion of the murder of his wife Nina Reiser in 2006, and was declared guilty in April 2008. Some still placed doubts about the conviction, stating that he might be innocent. It now seems that all doubt has been quelled, since Alameda County District Attorney Thomas Orloff has revealed that Hans Reiser will disclose the location of Nina's body for a reduced sentence.

Speaking of soap operas, there's one soap opera in the technology world that has been going on for so long that nobody really seems to know why it was ever started, whatever all the different moves have been over the years, or whoever lost or won which battle. Just like a true soap opera, you can just jump right in the middle of it and feel like you've always been part of the regular audience. The SCO saga is such a case.

In October 2006, Hans Reiser, creator of the ReiserFS filesystem, was arrested under the suspicion of the murder of his wife, Nina, who had disappeared off the face of the earth after dropping their two children off at Hans' home. The two were divorced, and fighting a legal battle over ownership of the Namesys company and the custody of their children. Even though the body was never found, he has been declared guilty of first degree murder.