OSX86man said:Can’t get excited by this case as the Intel macs are only PC clones these days. I used to create Hackintosh releases but it is way too easy now.

I disagree a bit with your PC clone statement but not something I am interested in debating. I would like to here from you though, candidly, what do you think about Psystar taking the OSX86 work and using it for profit? I really would love to hear from you. If you don’t want to comment publicly, you can email me privately

OSX86man said:Apple’s lack of email & document retention highlighted by this case will come back and bite them very hard, if not this case then by the masses of ambulance chasers in the US.

I agree it is going to cause issues. I may not agree that it will cause them ultimate problems. Why? The Federal Rules of Civil Procedure were only JUST altered to address electronic discovery, and since most of the important cases are in Federal Court, I doubt any Federal Judge is going to make a huge stink out of something that wasn’t even addressed until 2008 in the Rules.

Now state court cases may be different.

Nit-pick: “Ambulance chasers” is a derogatory term for personal injury attorneys. I don’t think Apple is involved in any personal injury attempts. Perhaps you intended to use the more generic insult for attorneys of “shark.” I am being a bit sardonic here as I work in the field of law, and obviously I object to the generalization of those terms. I have only observed the utmost ethics where I work, and in my observation of this case, the attorneys in both sides have impressed me by their professionalism and lack of personal acrimony.

Apple had better change their policy though. I agree there. In this case, it won’t bite them in the butt IIRC, there is an agreement about it in the Case Management Report. I might write on that, thanks for the idea.

Can’t get excited by this case as the Intel macs are only PC clones these days. I used to create Hackintosh releases but it is way too easy now.

Thank you so very much for the kind words. I stayed up late working on this piece, so I do have a bit of pride in it. I am a legal assistant (not an attorney as I keep repeating since my opinions are lay opinions and not professional legal opinions of any kind whatsoever) and my work has kindly let me have access to their PACER account. I believe though that anyone can open a PACER account. All Federal Courts are now paperless so that all filings are done electronically. When they are filed they are immediately posted to that case’s docket on PACER. PACER charges a fee for each viewing, so when I was waiting for this order over the past week, it has cost me .32 each time I refreshed the page, and World of Apple also purchased the transcript for the Hearing.

So basically, I kept my browser on PACER and kept hitting refresh and I am reimbursing my employer for my usage. Justia also doesn’t have the exhibits to any of the motions. I have them. Since they are public record, if there is an exhibit anyone is interested in, just shoot me an email, and I will send it to you. I cannot send the transcript of the hearing to anyone however as that is not per se a public record, and that is how the court reporter earns her living, and forwarding a copy of her transcript would be unethical IMHO.

Did you read the Order? I am really impressed by Judge Alsup, he is very clear. Or alternatively he has a law clerk that actually wrote the Order following his instructions who is a very good writer. I suspect, however, given the high profile of this case that the Order was personally authored by the Judge.

If this is a case you are interested in, you can be assured that World of Apple will have documents before Justia posts them, and since this case is a particular obsession of mine, I try to post about it first. Not as some badge of glory, but this is what I have devoted myself to doing and doing well. Stay tuned here for news on whether or not Psystar files a Motion for Leave to Amend. If they don’t settle during this period of time (and if Apple is willing to settle, I think Psystar would be dumb not to settle), then it is near certain that they will file a Motion for Leave.

I think during the intervening time I may write a summary of their Affirmative Defenses. Is that something you as a reader would be interested in?

http://dockets.justia.com/docket/court-candce/case_no-3:2008cv03251/case_id-204881/

[Editors note - I’m ensuring dizzle keeps her end of the deal]

LOL!!!!!!! Man, I think I am going to regret making that bet. But I am very happy to have lost it. You should have heard me whooping and hollering here at work. People thought I won the lotto.

Each time I have received criticisms on any of my Psystar articles, I have invited the critic to point out factual errors. Each time I have been met with stony silence.

(I’ve been reading a lot of legal documents lately as my own company is involved in a lawsuit, plus following the RIAA cases.)