Status Update: Apple v. Psystar v. Apple
The Florida Court has granted Apple's request for a stay of proceedings pending the outcome of the Appeal. This is typical and expected. The Florida Court had not yet ruled on Apple's Motion to transfer the Florida case to Judge Alsup in California. On the Appellate front, Apple has filed its Answering Brief as well as a Motion for Judicial Notice.Answering Brief of Plaintiff-Appellee Apple Inc.
Unlike the other early filings in the Appeal, this item was not filed under seal. It is broken into three primary categories which I will follow in digesting the Brief. I remind the readers that Appeals are limited to mistakes of law or fact and thus are usually much more narrow than the issues in the underlying suit. For example, Psystar did not appeal the dismissal of its antitrust counterclaims that were originally alleged in the California case. Nor did it ever supply the California Court with the requested information for a determination to be made on the Rebel EFI product which was enjoined until Psystar could prove that its operation was substantially different from the issues ruled upon. Based upon this latter fact, Apple argues that Psystar has waived its right to ask the Appellate Court to remove Rebel EFI from the Injunction.
We do learn some details about Psystar's sealed Opening Brief. Apple alleges:
Nonetheless, on the pretext of educating the Court regarding the technology at issue in this case, Psystar supplies a "Technical Addendum" with its opening brief. This document appears to be a veiled attempt to revive factual claims the district court has rejected and Psystar has abandoned on appeal. (Page 11 of Answering Brief)
Psystar has more veils than a harem girl.
Psystar now asserts that installation of Psystar's bootloader and numerous kernel extensions is unnecessary to run Mac OS X on Psystar computers absent the existence of Apple's TPM [technological protection measure]. Opening Br. At 27. But this claim is contrary to the unchallenged factual record. For example, even if Apple did not implement its TPM, Psystar would still be required to modify Mac OS X by replacing the bootloder and modifying certain Mac OS X kernel extension files to force the operating system to run on non-Apple hardware. (Page 15 of Answering Brief)Read the full article at World of Apple...
