“Apple has filed a motion to amend its complaint to add a claim of violation of the DMCA, among other new and enlarged claims. Here’s the proposed Amended Complaint So, not only have all of Psystar’s counterclaims been thrown out, but now it faces new claims. But here’s the big news. Apple alleges that it believes there are corporations and/or individuals behind Psystar, who may be added as defendants once Apple in discovery finds out who they are,” Groklaw reports. “Woah. Here’s the new paragraph that made my eyes bug out:”
18. On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10 (collectively the “John Doe Defendants”). On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple’s intellectual property rights, breached or induced the breach of Apple’s license agreements and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants’ true names and capacities when they are ascertained.
Groklaw reports, “So, Apple apparently believes that somebody else is behind Psystar, which might help to explain why a major law firm would take on what seems like a fly-by-night’s case; also why Psystar has been so bold in continuing to sell its products. I knew this thing felt funny. As Alice in Wonderland might put it, ‘It gets interestinger and interestinger.'”
Full article here.
[Thanks to MacDailyNews Reader “Adam” for the heads up.]
As suspected by many since the day “Psystar” appeared. So, who do you think is behind Psystar? Which PC box assembler would benefit… Strike that… Which PC box assembler wouldn’t benefit by being able to legally sell Mac OS X without licensing from Apple?
Psystar could very well be the physical proof, in the form of a desperate last-ditch legal test, that the Windows hegemony recognizes its impending doom at the hands of Apple.
If there is any justice in this universe, regardless of legal cases and their outcomes, Apple’s destined to overcome the Windows hegemony’s tasteless thieves and their armies of leeches anyway.
Never forget that Steve Jobs plays to win: Apple CEO Steve Jobs’ ultimate goal: ‘to take back the computer business from Microsoft’ – June 16, 2005
Start the X files theme music…..
Last week I was merely “living in interesting times”.
This week, I’m “living in interesting, exciting times.
Well well well. As if this is a surprise.
I wonder who it could be? Which major player(s) would benefit by being able to sell machines preloaded with OSX? Dell?
I’m thrilled to see that Apple is playing hardball. I hope that someone BIG was involved.
Yep. Follow the money. Whoever is bankrolling Shystar is the real criminal. Let’s hope it’s someone juicy like Dell or the Chinese Army.
Could be great if the rumor spreads to see if any body knows something about those “John Does”… Any body at florida? have you see a HP or DELL truck in there?
Here’s an interesting definition I found by Googling:
“cat’s-paw n 1: a person used by another to gain an end [syn: instrument, pawn]”
This is epic.
After deciphering the lawyer-speak, I seriously gasped.
I doubt it is a PC maker. They know the risk they would take by helping out Psystar and it is not worth it. More than likely its local business who have invested or helped Psystar.
It would be great to find out if a major PC maker was helping, or better Microsoft was behind it all, but come on folks, this is not a movie. Stuff like that doesn’t really happen…does it?
I don’t think Dell or HP would want to strain their resources to do something as potentially expensive as this, just to get an OS other than Windows. It would be cheaper and more legal just to sell a customized Linux distro, which Dell is already doing and HP is starting to do. HP-UX, like OS X, is a certified UNIX 03 operating system.
The only company that has the resources to support Psystar and would gain the most benefit, if Psystar prevails, is Microsoft.
This isn’t an attempt to open up OS X. It’s an attempt to emasculate Apple.
There is a leak at Psystar and Apple’s Bloodhounds are on the trail of money. Psystar can’t be making enough money to cover the cost of their high prices legal team and stay in business. I don’t think they could have even afforded the upfront retainer fee that their high priced legal team charges just to take the case let alone the cost of the counter claim and all the filings to date. How would a couple of non industry Florida Brothers have known of a good legal team in Silicon Valley to hire that would take on the case so quickly, without an industry insider paying the bills and telling them what to do.
Psystar has a stink about it and that stink started on day one. The stink is from an Apple competitor that is looking to damage Apple’s image, Apple Brand and Apple Growing Business.
Stink from a Monkey.
Apple is behind Psystar.
Jobs is trying to break an undisclosed deal that he was forced to make in 1997 with Microsoft to keep Mac OS X confined to Apple-branded machines only.
Jobs’ first major move to get around that deal was to move to Intel and allow Macs to run Windows and Windows apps. That really shook up Microsoft and is certainly helping Mac gain share.
Now Jobs just needs to get the courts to force him to license Mac OS X thereby nullifying that 1997 deal made with the devil (MSFT) which included Gates buying $150 million in non-voting stock, promising Office for the Mac, and other terms including the undisclosed one to which I am referring.
“Psystar” is an Apple PSYOP.
Steve Jobs is one brilliant SOB.
1997 Apple – Microsoft deal:
http://www.suite101.com/article.cfm/macintosh/2820
probably one of Ballmer’s kids
as someone whose StarMax computer is STILL running well past MULTIPLE IMACS, I believe in mac clones!!!!!
That starmax is amazing.
I knew Osborne Computer would make a comeback.
It seems Microsoft and its minions are being outflanked and surrounded by Apple under Jobs’ leadership. May the final blow fall sooner rather than later.
It wasn’t me! Nobody saw me do it! You can’t prove a thing!!!!
MW: money (eerie…)
Very clever.
From Apple’s amended complaint:
The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple.
What does “otherwise” mean? Could Psystar a front for aliens???
Has anyone had a poke around the PsyStar website? The store is based on an open-source e-commerce solution called Magento. Interestingly, you can get to a page with a login area at: http://psystar.com/open_source.html
Their Internic whois is interestingly blank as well.
Their store is located at 208.68.239.94 with only ports 21,22,80 and 443 open (they do seem to be careful at least). It is with biznesshosting.net (who are volico.com) with the following location
Address: 1914 NW 137th Terrace
City: Pembroke Pines
State/Province: FL
Zip/Postal Code: 33028
Country: US – United States
They don’t seem like the sort of outfit you would go to if there was lots of money behind you.
In related news, some group in France is trying to get computers and software sold seperately. Sorry it’s in french.
http://www.ecrans.fr/Ordinateurs-et-logiciels-bientot,5851.html?xtor=RSS-450
Most likely DELL!
french article translated by google.com/translate_t:
http://translate.google.com/translate?u=http://www.ecrans.fr/Ordinateurs-et-logiciels-bientot,5851.html?xtor=RSS-450&hl=en&ie=UTF-8&sl=fr&tl=en
the adderss in pembroke pines appears to be a house, according to google maps
Comment from: I can’t tell you how I know, but I know
Apple is behind Psystar.
Jobs is trying to break an undisclosed deal that he was forced to make in 1997 with Microsoft to keep Mac OS X confined to Apple-branded machines only.
Jobs’ first major move to get around that deal was to move to Intel and allow Macs to run Windows and Windows apps. That really shook up Microsoft and is certainly helping Mac gain share.
Now Jobs just needs to get the courts to force him to license Mac OS X thereby nullifying that 1997 deal made with the devil (MSFT) which included Gates buying $150 million in non-voting stock, promising Office for the Mac, and other terms including the undisclosed one to which I am referring.
“Psystar” is an Apple PSYOP.
Steve Jobs is one brilliant SOB.
1997 Apple – Microsoft deal:
http://www.suite101.com/article.cfm/macintosh/2820
That deal has been over since 2003, or 2002, it was only a five year deal. Sorry, Microsoft might be screwing themselves of recent, but give them a little credit. They have way to many other problems to deal with then try to get all Emperor Palatine on Apples A$$!