But I was wrong in my prediction, Psystar did not file a Motion to Recuse as far as the online docket shows.

I firmly believe that Apple is not stupid, nor do they conspire, but the blogosphere tends to pick one or the other.

Most of the “conspiracists” believe Apple is out to screw the consumer (witness the flood of wailing and gnashing of teeth about FireWire on the new MacBook).

In this case, since no one would be getting “screwed” except Apple, I’m inclined to believe the majority of blogs will just think Apple was pretty stupid to put themselves in this position.

By the way, this “stupid or conspiracy” thought process throughout the blogs tends to frustrate me. Apparently these people never met Occam’s Razor.

A motion to recuse could lead some people to believe that Psystar isn’t sold on their own case, and just wants to “start over”, which is not likely to be taken favorably.

The author is much too optimistic on people not spinning things against Apple. I would bet my bottom dollar that if Psystar moves to recuse there will be some conspiracy theory that Apple paid off people, and Psystar just discovered this dastardly deed. At least one person will make this claim.

Meanwhile, there’s a much bigger story going on. It’s been discovered that one of the attorneys representing Apple (Megan Chung) used to clerk for Judge Alsup, the judge presiding over this case.

I have been thinking on this, and this may not be precisely as it seems. I need to do some further research. I don’t believe that Megan is working on this case; I believe she is employed by the same firm. It would be a tremendous gaffe on the part of Apple’s attorneys if they knew her prior experience and let her work on this case without disclosing such information. It is possible that they didn’t know, and she just told them. If so, I would guess that Megan might be seeking new employment. But if she never worked on the case and had no knowledge of the confidential portions, this is likely nothing.

But I think Psystar will move to dismiss. Judge Alsup doesn’t seem to be buying their dog and pony show, and it might be worth their while to roll the dice again. But then there is always the risk that someone even less inclined to buy their arguments could be chosen. A lot depends upon the Judge’s reputation as well.

I also wanted to answer Kris, who commented there. Yes a jury trial is had in these cases if requested by the parties, and both parties have requested one.

http://theappleblog.com/2008/11/09/showdown-at-high-noon-apple-and-psystar/