Oh dear, I think Apple’s legal department is getting paranoid. After suggesting that people taking their ad literally were irrational, they’re now suggesting that a shadowy unknown may be behind the whole Psystar drama. The suits and countersuits have been going on for months and months now (all I care about is that it works), and in an amendment to their suit today, Apple added the following language:
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”).
Good lord, how mysterious! Can they really think that someone like Dell for example, jealous of Apple’s increasing market share, would set up a shell company to sell pieced-together Frankenmacs? I think Apple needs a drink.
[via MacRumors]
Does seem silly. Sounds like Apple’s legal team has been reading too much John Grisham…
I think the John Does being referred to are the people who are actually doing the hacking to Mac OS X. (i.e. OSx86 project). Apple is accusing Psystar of helping them violate DMCA, or something along those lines.
There is actually quite a bit of circumstantial evidence to back it up. Was this a slow news day or something? Misrepresenting something to the Federal Court is something that lawyers can get severely censured for. I think you should think twice before making that kind of accusation.
I will bookmark this blog so that I can read your quick apology if the case doesn’t settle and the John Does are revealed.
I predicted this back in April.
@Jim that is a possibility but I don’t think so. It seems to me that they would be treading a fine line if they didn’t reveal that in their pleading. They would have said that they don’t know the identities but there is a well-known group blah blah blah, the specific individuals are yet to be determined.
Heck any excuse to photoshop and make a sensationalistic title.
Psystar is just a couple of young guys with a storefront. Where did they get the money for the legal bill? Obviously, Psystar is a front. Someone else is behind it. I wouldn’t be surprised to find out that Microsoft is bankrolling Psystar. They have the motive and the resources to do it, and it fits their corporate character.
Devin,
There were some rumblings several months ago about the involvement of RazorFX with Psystar.
“PsyStar’s website, at one point, carried the message “RAZORFX.COM UNDER CONSTRUCTION”. If you’ve been reading any news site for the last two years, you’d know RazorFX was one of the biggest scams of 2000-2007, when it was unraveled.”
“http://www.google.com/search?hl=en&safe=off&client=firefox-a&rls=org.mozilla:en-US:official&hs=2Fr&sa=X&oi=spell&resnum=0&ct=result&cd=1&q=razor+fx+scam&spell=1″
What I’d suggest is for any tech writer to first read http://www.groklaw.com/ - http://news.worldofapple.com/category/mac-clones/psystar/ and http://www.macobserver.com/article/2008/11/11.5.shtml
These sites actually understand how law works (or have REAL attorney commenting) unlike the great majority of the tech press’s ‘armchair lawyers’ :)
Looking at how much money appears to be in Psystar’s little enterprise from selling really low margin products I can understand what Apple is looking for.
“Apple loses it”
This is news?
@Jim Have you seen this?
http://www.groklaw.net/articlebasic.php?story=20080903082827766
Groklaw seems to have made a compelling case that the companies were entirely different though the various coincidences (if they are coincidences) were striking. The fraud company was razorfx.net not razorfx.com. However both were registered in Miami (different people) and had offices in the same general vicinity (but not the same offices).
I believe there is something big here, but I do not think that is it. It is somewhat reasonable to suppose there might be, but we have to recognize that it is conjecture only.
If you have any additional information on that, will you shoot me an email? dizzle@worldofapple.com
Oh, I’m aware that one is *.net and one is *.com.
However, over the past 13+ years of spam fighting starting with Cyberpromo I’ve found many, many spammers have all gTLDs set up under various smoke and mirror setups. Since the Psystar operators seem to be only a step away from such similar mindsets (Not to mention being in Florida which seems to spawn spammers) my suspicion is piqued.
I am going to look into it some more for sure. There are some striking coincidences.
and hey! I am from Florida. I could get in my car and take a tour of the Psystar digs if I wanted to. A bit of a drive but still….
And for all I know there’s nothing to it, it’s just my ’spidey sense’ is tingling and has been for a while with this white box reseller. : )
Frankly I’m not sure just why so many are rooting for this company and why they feel the MAC with it’s tiny worldwide share is somehow a giant to be fought off.
The people that seem to be in support of Psystar seem to have a rather adolescent fetor to their reasoning as if Apple regularly grinds up puppies in a blender. They loudly protest on the internet but don’t actually take ant real action. Why so many let a company control their angry feelings and actions and allow themselves to get enraged and foaming begs the question of just who is controlling whom.
The comment from Devin of “Some VC with a grudge against Apple… I’d do it if I had the money.” is boggling. Thankfully, someday Karma will visit :)
When Psystar was first trading, it was one guy in his basement, then overnight it became a corporation with professional premises and legal representation and you don’t think that’s kind of strange. Do some research.
Some VC with a grudge against Apple… I’d do it if I had the money.
And remember, all the cool companies these days start like that. A couple guys in a garage, until they get their break.
Hmm, interesting comment.
Not usually a couple of guys in a garage outright stealing the work of others. Shystar has done nothing original but ripped off Apple and ripped off the OSx86 crew who might indeed now get in trouble. I believe it is highly immoral and repulsive.
There are no basements in South Florida. And it was always the two brothers, there never was a time when it was just one guy.
If Psystar plays their cards right, they could benefit from this exposure. I know! They should release a TV commercial where an unnamed heroine represents the coming of open systems as a means of saving humanity from “conformity” (Apple) by throwing a large hammer through a propaganda screen… oh wait.
Jesus, get some clue, wouldja? And read before you just parrot what some other ninny says. This is about Apple amending their lawsuit to include the OSX86 hackers who wrote some code for fun so people could hackintosh. But then Psystar came along, took that code to make and profit from Open Computer hackintoshes. Now the guys who made what Psystar did possible are in sheepdit.
Read the actual language in the claim. It says nothing about going after a deep pocketed puppetmaster.
@really
I have read every filing in this case, what else would you suggest I read? Please quote in full what you read, that the rest of apparently haven’t because we are too busy parroting ninnies that says what you claim.
Before you waste your time, there is nothing that says that. There is something that might be that, but I have some very good arguments why it isn’t, which I am working into an article.
So before you suggest to others to read the actual language in the claim, be ready to prove yourself. Now I agree this article is a piece of sensationalistic rubbish, it isn’t for the reasons you say.
Just the usual blindingly stupid PC drones talking out their collective asses about shit they know nothing of.
Mindless Apple haters and Windows zealots with not a fucking clue between the lot!
I would bet my bottom dollar that the author has not read a single substantive filing in this case. But again, you can’t pass up the chance to create a been-there done-that vacuous Photoshop. I thank God they at least had the brain not to attempt an LOL cat.
My LOLcat came out kind of flat. “I can haz conspiracy?” really doesn’t POP.
The people that I have run into cheering for Psystar have had very little legal reason why they should win, only their selfish reason that “I want something cheaper.” Then get off your fat arse and invent something yourself. Or the usual “I don’t like Apple.” I asked them if they would like a Judge or Jury to ever rule on a case in which they were involved in that way or would they want to be judged on rules of law and equity. I rarely get an answer from the “I’m entitled, me, me, me crowd.”
And yes Devin’s comment is boggling if not potentially advocating fraud. How do I say that? Well the only basis he gives is that a “grudge” would be sufficient. I am sorry but “grudges” are not a sufficient cause for a lawsuit. How would Devin like it if I want around saying boy, I don’t like that Devin guy, I would find some lame excuse to sue him if I had the money.
This is outrageous irresponsibility. Yes I too am biased in my articles and reveal my bias, but I also give objective legal and unemotional reasons for my position as well. I know you have read some of my pieces Jim, so you know that I find some of commenting eerily similar to the James Taggert in Atlas Shrugged and the idea of any company being forced to assist their non-inventing competition as the role of Hank Rearden.
However some of the commenters are also from outside the United States, and I realize that there are culturally conditioned economic points of view. But this case is in America, and what Psystar wants is ridiculous government interference. Some of us in America still think that is wrong, but there are some of us who think we are “owed.”