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	<title>Comments on: In Brief: Did Apple Waive Its Right to Trial in the Psystar Suit? (Corrected and Appended)</title>
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	<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/</link>
	<description>Mac News, Rumours and Opinions That You Want to Hear.</description>
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		<title>By: Gadget&#187; Blog Archive &#187; Apple and Psystar head for mediation. What does it mean? Not much.</title>
		<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/comment-page-1/#comment-31379</link>
		<dc:creator>Gadget&#187; Blog Archive &#187; Apple and Psystar head for mediation. What does it mean? Not much.</dc:creator>
		<pubDate>Thu, 13 Nov 2008 05:18:27 +0000</pubDate>
		<guid isPermaLink="false">http://news.worldofapple.com/?p=2593#comment-31379</guid>
		<description>[...] In Brief: Did Apple Waive Its Right to Trial in the Psystar Suit? (Corrected) [WoA] [...]</description>
		<content:encoded><![CDATA[<p>[...] In Brief: Did Apple Waive Its Right to Trial in the Psystar Suit? (Corrected) [WoA] [...]</p>
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		<title>By: Dizzle</title>
		<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/comment-page-1/#comment-30480</link>
		<dc:creator>Dizzle</dc:creator>
		<pubDate>Mon, 20 Oct 2008 21:49:50 +0000</pubDate>
		<guid isPermaLink="false">http://news.worldofapple.com/?p=2593#comment-30480</guid>
		<description>Hi Maynard, your comments are somewhat concerning to me.

First, yes Psystar is producing a shoddy product in the opinion of many, but let&#039;s pretend for the sake of argument that they were not, how is that relevant?  The legal rights of companies and people are not conditioned upon our comfort or whims, but upon principles of law.  I believe that Psystar&#039;s attempt to co-opt the creative sweat and money and good will that Apple has built up is parasitic at best.

I hear so many people say, oh I hope Psystar wins because I want a cheaper computer.  But this case isn&#039;t about me or you.  It is about the law.  And I would hope that no one would want you to lose a lawsuit simply because it would benefit them, regardless of the law.

It would be horrible for our free market ideals IMHO if Psystar were to win this case and worse for the consumer in the long run.  Companies make innovative products for profit.  If they are forced to innovate for someone else to leech, there is no motivation.  It is a good thing this is a publicly traded company because I believe that if it were owned by Steve Jobs, and the case was lost, he would say &quot;screw you&quot; to everyone and pull the product entirely.  Apple did not work to build themselves so some young punks could ride in on their work.  Yes, I am saying how I really feel.  I believe in capitalism.  I believe in innovation and rewarding people and companies for their own hard work.  As such, I do not like leeches.  Most especially obnoxious ones.  Psystar, has, in my opinion, gone about this in the most classless way possible, which is why I call them punks.  I hope they get their tail kicked from here &#039;till next Tuesday.

Who is John Gault?</description>
		<content:encoded><![CDATA[<p>Hi Maynard, your comments are somewhat concerning to me.</p>
<p>First, yes Psystar is producing a shoddy product in the opinion of many, but let&#8217;s pretend for the sake of argument that they were not, how is that relevant?  The legal rights of companies and people are not conditioned upon our comfort or whims, but upon principles of law.  I believe that Psystar&#8217;s attempt to co-opt the creative sweat and money and good will that Apple has built up is parasitic at best.</p>
<p>I hear so many people say, oh I hope Psystar wins because I want a cheaper computer.  But this case isn&#8217;t about me or you.  It is about the law.  And I would hope that no one would want you to lose a lawsuit simply because it would benefit them, regardless of the law.</p>
<p>It would be horrible for our free market ideals IMHO if Psystar were to win this case and worse for the consumer in the long run.  Companies make innovative products for profit.  If they are forced to innovate for someone else to leech, there is no motivation.  It is a good thing this is a publicly traded company because I believe that if it were owned by Steve Jobs, and the case was lost, he would say &#8220;screw you&#8221; to everyone and pull the product entirely.  Apple did not work to build themselves so some young punks could ride in on their work.  Yes, I am saying how I really feel.  I believe in capitalism.  I believe in innovation and rewarding people and companies for their own hard work.  As such, I do not like leeches.  Most especially obnoxious ones.  Psystar, has, in my opinion, gone about this in the most classless way possible, which is why I call them punks.  I hope they get their tail kicked from here &#8217;till next Tuesday.</p>
<p>Who is John Gault?</p>
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		<title>By: Maynard</title>
		<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/comment-page-1/#comment-30477</link>
		<dc:creator>Maynard</dc:creator>
		<pubDate>Mon, 20 Oct 2008 20:49:22 +0000</pubDate>
		<guid isPermaLink="false">http://news.worldofapple.com/?p=2593#comment-30477</guid>
		<description>My first Macs I bought was a power computing clone and a Starmax from Motorola, I was saddened that they stopped them. I could not afford a real Mac. Earlier Macs were given to us as gifts.

So if you are telling me that the Psystar is a shoddy product, then by all means, shut them down, but if the product works great and is a viable offering to open up the Mac market, then take the claims and stuff them.

As a long time Apple supporter, Mac User, Geek, and Mac Programmer, (We have 5 macs at home now) I understand the need to keep things under wraps and in control for quality and and consistent usablity, but they go off the deep end sometimes. (if they are so worried, why manufacture them out fo the country? Why not make them more consistent. look at the discussion boards for bugs and issues, not the &quot;how do you do this&quot; boards, but the boards where one has a problem and another does not. All computers are not made equally.</description>
		<content:encoded><![CDATA[<p>My first Macs I bought was a power computing clone and a Starmax from Motorola, I was saddened that they stopped them. I could not afford a real Mac. Earlier Macs were given to us as gifts.</p>
<p>So if you are telling me that the Psystar is a shoddy product, then by all means, shut them down, but if the product works great and is a viable offering to open up the Mac market, then take the claims and stuff them.</p>
<p>As a long time Apple supporter, Mac User, Geek, and Mac Programmer, (We have 5 macs at home now) I understand the need to keep things under wraps and in control for quality and and consistent usablity, but they go off the deep end sometimes. (if they are so worried, why manufacture them out fo the country? Why not make them more consistent. look at the discussion boards for bugs and issues, not the &#8220;how do you do this&#8221; boards, but the boards where one has a problem and another does not. All computers are not made equally.</p>
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		<title>By: dizzle</title>
		<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/comment-page-1/#comment-30476</link>
		<dc:creator>dizzle</dc:creator>
		<pubDate>Mon, 20 Oct 2008 19:52:25 +0000</pubDate>
		<guid isPermaLink="false">http://news.worldofapple.com/?p=2593#comment-30476</guid>
		<description>Hi Siorai, the case does involve the EULA, but it really is a minor point or a moderately significant point at best.  Apple is pursuing Psystar aggresively on claims of debasement of trade dress, copyright infringement, inducement, and shipping crappy products.  They do have at least one count (I don&#039;t have the Complaint in front of me) regarding the EULA, but it isn&#039;t the centerpiece of their case.

All around I think Psystar is at fault, and I said from the beginning when writing about the case: I am definitely biased in favour of Apple but will report facts neutrally.  I want Apple to squish them like a bug.  However, all that being said, Psystar&#039;s legal team is doing a very good job for them.  They have made some very clever arguments.  However, this turns out, that firm has earned their fee.

Now wouldn&#039;t it be interesting if in the discovery process we find out who Psystar&#039;s backers are (if any)?  If I were Apple, I would want to know.  I don&#039;t know if it would be considered by a Court as within the scope of potentially relevant evidence.  I suppose that it might come up in the confidential arbitration.  Very often, arbitrations are conducted like non-jury trials with witnesses and the presentation of evidence.  I have never personally attended an arbitration, I wish I had.  I have assisted at several mediations and am familiar with the way that mock trials are conducted.</description>
		<content:encoded><![CDATA[<p>Hi Siorai, the case does involve the EULA, but it really is a minor point or a moderately significant point at best.  Apple is pursuing Psystar aggresively on claims of debasement of trade dress, copyright infringement, inducement, and shipping crappy products.  They do have at least one count (I don&#8217;t have the Complaint in front of me) regarding the EULA, but it isn&#8217;t the centerpiece of their case.</p>
<p>All around I think Psystar is at fault, and I said from the beginning when writing about the case: I am definitely biased in favour of Apple but will report facts neutrally.  I want Apple to squish them like a bug.  However, all that being said, Psystar&#8217;s legal team is doing a very good job for them.  They have made some very clever arguments.  However, this turns out, that firm has earned their fee.</p>
<p>Now wouldn&#8217;t it be interesting if in the discovery process we find out who Psystar&#8217;s backers are (if any)?  If I were Apple, I would want to know.  I don&#8217;t know if it would be considered by a Court as within the scope of potentially relevant evidence.  I suppose that it might come up in the confidential arbitration.  Very often, arbitrations are conducted like non-jury trials with witnesses and the presentation of evidence.  I have never personally attended an arbitration, I wish I had.  I have assisted at several mediations and am familiar with the way that mock trials are conducted.</p>
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		<title>By: Siorai</title>
		<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/comment-page-1/#comment-30473</link>
		<dc:creator>Siorai</dc:creator>
		<pubDate>Mon, 20 Oct 2008 17:49:21 +0000</pubDate>
		<guid isPermaLink="false">http://news.worldofapple.com/?p=2593#comment-30473</guid>
		<description>See.  I haven&#039;t exactly been following this, but it breaks EULA to put Mac OS X on anything that isn&#039;t Mac hardware.  They -are- at fault. imo.  I dunno.</description>
		<content:encoded><![CDATA[<p>See.  I haven&#8217;t exactly been following this, but it breaks EULA to put Mac OS X on anything that isn&#8217;t Mac hardware.  They -are- at fault. imo.  I dunno.</p>
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		<title>By: More Misinformation Regarding Apple and Psystar &#124; World of Apple</title>
		<link>http://news.worldofapple.com/archives/2008/10/20/in-brief-did-apple-waive-its-right-to-trial-in-the-psystar-suit/comment-page-1/#comment-30472</link>
		<dc:creator>More Misinformation Regarding Apple and Psystar &#124; World of Apple</dc:creator>
		<pubDate>Mon, 20 Oct 2008 17:07:10 +0000</pubDate>
		<guid isPermaLink="false">http://news.worldofapple.com/?p=2593#comment-30472</guid>
		<description>[...] As reported in my article earlier this morning, misunderstandings abound with regards to the agreement of Apple and Psystar to engage in alternative dispute resolution. For example, TechSpot reports in an article entitled &#8220;Apple and Psystar to settle out of court&#8221;: [...]</description>
		<content:encoded><![CDATA[<p>[...] As reported in my article earlier this morning, misunderstandings abound with regards to the agreement of Apple and Psystar to engage in alternative dispute resolution. For example, TechSpot reports in an article entitled &#8220;Apple and Psystar to settle out of court&#8221;: [...]</p>
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