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Apple tells court it believes there are other corporations and/or individuals behind Psystar
Wednesday, December 03, 2008 - 03:56 PM EDT

"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.]

MacDailyNews Take: 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

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Dec 03, 08 - 05:01 pm Comment from: BiZarRo BaLlmEr

Start the X files theme music.....

Dec 03, 08 - 05:12 pm Comment from: Noodle-Armed Choir Boy

Last week I was merely "living in interesting times".
This week, I'm "living in interesting, exciting times.

surprised

Dec 03, 08 - 05:14 pm Comment from: Macintosher

Well well well. As if this is a surprise.

Dec 03, 08 - 05:21 pm Comment from: byronic

I wonder who it could be? Which major player(s) would benefit by being able to sell machines preloaded with OSX? Dell?

Dec 03, 08 - 05:23 pm Comment from: Jay-Z

I'm thrilled to see that Apple is playing hardball. I hope that someone BIG was involved.

Dec 03, 08 - 05:23 pm Comment from: Famous Grouse

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.

Dec 03, 08 - 05:24 pm Comment from: Viktor

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?

Dec 03, 08 - 05:25 pm Comment from: Roger Knights

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]"

Dec 03, 08 - 05:26 pm Comment from: Dude.

This is epic.

After deciphering the lawyer-speak, I seriously gasped.

Dec 03, 08 - 05:35 pm Comment from: Steven P.

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?

Dec 03, 08 - 05:37 pm Comment from: Harvey

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.

Dec 03, 08 - 05:38 pm Comment from: Demon

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.

Dec 03, 08 - 05:46 pm 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

Dec 03, 08 - 05:57 pm Comment from: Splat

probably one of Ballmer's kids

Dec 03, 08 - 05:59 pm Comment from: David

as someone whose StarMax computer is STILL running well past MULTIPLE IMACS, I believe in mac clones!!!!!

That starmax is amazing.

Dec 03, 08 - 06:04 pm Comment from: January 24, 1984

I knew Osborne Computer would make a comeback.

Dec 03, 08 - 06:09 pm Comment from: Berrylium

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.

Dec 03, 08 - 06:23 pm Comment from: Darl McBride

It wasn't me! Nobody saw me do it! You can't prove a thing!!!!

MW: money (eerie...)

Dec 03, 08 - 06:41 pm Comment from: @Darl McBride

Very clever.

Dec 03, 08 - 07:15 pm Comment from: alansky

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???

Dec 03, 08 - 07:36 pm Comment from: iSpy

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.

Dec 03, 08 - 07:38 pm Comment from: Rocky

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

Dec 03, 08 - 07:43 pm Comment from: gRen

Most likely DELL!

Dec 03, 08 - 08:03 pm Comment from: jjjj

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

Dec 03, 08 - 08:11 pm Comment from: Steven P.

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$$!

Dec 03, 08 - 08:17 pm Comment from: Harvey

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.

Dec 03, 08 - 08:21 pm Comment from: Regular Reader

Why is their online store still up and running? Wasn't it supposed to be ceased or something?

Dec 03, 08 - 08:22 pm Comment from: Not Bill

I can't see M$ wanting OSX competing with them for the same machines. More likely it is someone wanting an alternative to Windows.

Dec 03, 08 - 08:50 pm Comment from: GodFather

I didn't know 'till this very moment that it was ---- Dellzenie all along.
godfather Steve

Time to take it to the mattress.

Dec 03, 08 - 08:53 pm Comment from: DWJ

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]

Dec 03, 08 - 09:02 pm Comment from: ken1w

This could be really embarrassing for those "John Dells," I mean "Doe's."

Dec 03, 08 - 09:17 pm Comment from: Kill Redundancy

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.

Dec 04, 08 - 12:57 am Comment from: maclover

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.

Dec 04, 08 - 02:50 am Comment from: HMCIV

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.

Dec 04, 08 - 04:08 am Comment from: The Mac That Roared

Whoever they are, I say find 'em and thump 'em with litigation. cool smirk

Dec 04, 08 - 08:31 am Comment from: clyde

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.

Dec 04, 08 - 11:19 am Comment from: Mr. Peabody

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...?

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