“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
I thought it was Apple too at one time, but now it cannot be. It would turn up in discovery, and that would damage Apple more than anything else.
Why is their online store still up and running? Wasn’t it supposed to be ceased or something?
I can’t see M$ wanting OSX competing with them for the same machines. More likely it is someone wanting an alternative to Windows.
I didn’t know ’till this very moment that it was —- Dellzenie all along.
godfather Steve
Time to take it to the mattress.
According to Wiki here is something interesting:
On August 28th, 2008, Psystar Corporation responded to Apple’s claims of copyright infringement, and also countersued Apple for anti-competitive practices, monopolistic behavior, and copyright misuse.[4][5] This countersuit was dismissed on November 18, 2008.[6]
This could be really embarrassing for those “John Dells,” I mean “Doe’s.”
DWJ,
Thanks so much for venturing to Wikipedia to tell us something that we already know and that’s also clearly shown in MDN’s “Related articles” above.
Very helpful.
it’s the juxt of a bad economy, our few good companies are fighting each other while the world laughs. I was in Neiman Marcus the other day, and a surprising amount of clothes and home items are made in China. Once they create a good enough computer company, at a cheap enough price, we’ll be whimpering. We already get our parts over there, our selling point is moving volume, but they will eventually be manufacturer and distributor. Whoever’s behind this should focus on their roadmap not Apple.
Hey, I just got back from airport and who should I see there but Rob Enderle. Does anyone know why he’d be boarding a plane for South America?
He looked like he was in a big hurry. TSA wanted to run a chemical test on his Dell DJ Ditty and he just left it behind.
Whoever they are, I say find ’em and thump ’em with litigation.
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Makes you wonder if they’re trying to find out who cracked OS X and provided Psystar with it.
Take THAT, Hackintosh community!
Apple’s gotta do something with the winged monkeys; if they’re not kept busy they start getting temperamental and start throwing poo at their handlers.
Oh I do love real corporate intrigue…
I see a real good spy story brewing here, and it could very well lead back to Apple, or MS. I just as easily see a concoction of hardware manufacturers working in the background to unhitch their collective nemesis – Apple has always been real competition for pc makers. [Sorry, I don’t capitalize “PC”.]
But, I’ve always had the feeling that there was more going on behind the scenes between MS and Apple then we knew about, or will ever really know about – completely. It all just seems so unlikely… And you step way back and look at the whole MS vs. Apple “competition” thing and you see that, objectively, it works out very well for both in the short and long term – Apple is technical competition for MS helping to reduce the legal brawling MS must inevitably go through, and MS provides the philosophical backdrop that Apple needs to raise up a counter force that uses Apple computing hardware to show it’s disdain for the enforced norm. Apple suing MS for stealing its OS look and feel could very well have been a ruse to throw us all of track from the very beginning. Hmmmm…
Cue the Harry Gregson-Williams spy music and get ready for the sequel to “Pirates of Silicon Valley”. Let’s see, what would that be called…?