And Psystar lied like a rug regarding their involvement with Apple updates. If you have not read this piece, you might be interested:

http://news.worldofapple.com/archives/2008/12/18/psystar-files-its-response-to-apples-amended-complaint/

10.5.2 released on Apple’s Support site 11 Feb 2008

10.5.3 released on Apple’s Support site 28 May 2008

10.5.4 released on Apple’s Support site 30 Jun 2008

10.5.5 released on Apple’s Support site 15 Sep 2008

It makes me wonder, if the short time between 10.5.3 and 10.5.4 was designed to make Psystar do something stupid like copy Apple’s IP.

I had actually some more to write that I was going to include in this piece, but it would have made it too long and some relevant points would have been missed, so I am currently working on another one. I hope to finish it tonight…. hope springs eternal.

I really think I should thank Psystar because it was that obnoxious email that gave me a much needed kick in the tail to get going and force myself to concentrate. I know they read this site and are probably trying to figure which address is mine to remove it from the list.

I have several hundred pages of stuff here at my desk right now to sift through for the new piece. And I actually enjoy reading legal stuff. Give me a good Motion for Summary Judgment to read, and I am a happy camper. And I suspect that Apple will be providing me with some real good reading in just that form in the very near future.

“Life didn’t “give” them apples. They purposefully sought a fight and are not some innocent victims. Additionally, their parasitic business model depends upon the very company that they boast to grind into sauce.”

Well said, and so true.

Please stop being ill and get better right away. ‘kay?

Laurie

Yeah I love the Crystal Ball motion. That actually comes from a true office story. We kept getting letters from a certain counsel we were on cases with very often that continued these grandiose statement about future events that me and the secretaries got together and drafted a Motion to Inspect [Attorney's Name] Crystal Ball and put it in our boss’ to review pile. It was quite humourous.

But more seriously, and I have given this more thought (I am still pretty ill so not as quick on the uptake as on normal days), but it seems to me that such a claim by Psystar could be grounds for charges of fraud against the consumer. Say a customer buys a computer based upon the assurance that they are certainly coming out of bankruptcy, and then they don’t? I would have to research to find out what a specific legal theory would be, but it certainly doesn’t pass the sniff test and fraudulent inducement is the first thing that comes to mind.

And I am highly offended at how horrendous unfunny their applesauce joke was. I have heard some great anti-Apple jokes. I could make some barb much more appropriate and funny than that. Forget about suing for clones; they are guilty of horrid lack of creative writing abilities.

Another angle that came to me is this: I don’t think their lawyers are quite so confident in the case. Their largest amount certain creditor (with the exception of Rudy Pedraza’s alleged personal investment of 110K) is their California attorneys; however, Psystar claims that they could not enter into an arrangement with them. Now, I don’t the ethics rules of the California Bar which may have some billing restrictions, but generally, if a firm thinks there is a good chance of a big payout at the end (and the attorneys’ fees they could win in this case from Apple’s pocket–with the potential for a multiplier, Lodestar or otherwise), I would think they would work out something with Psystar. But they didn’t.

As far as Rudy’s threat to sue Apple in Florida, well, you can bet your biscuits that I will personally attend every hearing that I can. Miami is a bit of a drive, but not that far.

HA!

Is it normal for companies to enter and exit bankruptcy this quickly? From the sequence of events, it looks like Psystar went into bankruptcy to stall Apple’s case, and since that tactic didn’t work they’ve moved to exit bankruptcy only 6 weeks later.