Psystar halts sales of Mac clones, but did Apple let them off the hook?

Wed, Dec 2, 2009


Psystar yesterday stopped selling Mac clones via its website.  Well, sort of.  All of Psystar’s OSX-based systems were listed as out of stock on their website, and given that they’ve only sold 768 systems in about 19 months, I sincerely doubt their shelves are empty.

But don’t think Psystar will be going down without a fight.  In a recent interview with Computerworld, Psystar attorney K.A.D Camera all but said that Psystar will continue to fight the decision all the way to the very end.

“We will take the case up with the Ninth Circuit,” Camera said, and interestingly enough, Camera categorized the settlement as “extremely favorable” to Psystar.  What he really means, though, is that he’s glad Psystar won’t have to pony up any money anytime soon as the agreement they struck with Apple holds that payments won’t be handed over until the appeals process is finalized.

There’s no doubt that Camera and Psystar will attempt to extend the appeals process for as long as possible, but it begs the question as to why Apple would stipulate to such an agreement.  Apple noted in a recent motion that Psystar has no money, and that it’s operated at a loss during every single quarter of its short existence.  If that’s the case, why would Apple choose to give Psystar a reprieve?  Why not exercise its right to the $2.66 million judgment and make Psystar sweat for a while?  Why not let them know that it’s not in their best interest to keep on playing games with the court system?  Why let Camera have more of an opportunity to test out comical legal theories so he can simply further his legal profile?

Also, remember that Apple initially claimed that a number of “John Doe” figures were responsible for funding Psystar, and what better way to find out than to see what would have happened when Psystar was tasked with sending in a ginormous check.

Apple obviously could care less about a paltry $2.66 million, especially given Psystar’s inability to ante up, and naturally, Apple’s primary concern was the cessation of Mac clone sales on Psystar’s website.  Still, Psystar has been anything but upfront during the past few months of litigation, and given how Apple whupped Psystar in their respective motions for summary judgment, it’s a tad perplexing that Apple would give Psystar just a little bit more breathing room than necessary.



1 Comments For This Post

  1. fring Says:

    re “John Does”
    ‘…and what better way to find out than to see what would have happened when Psystar was tasked with sending in a ginormous check.’
    I’m thinking that since Psystar is so broke, that no cheque would be forthcoming and those “John Doe” characters would still remain hidden – if they do in fact exist. With this in mind I’m sure that the continuance of the case might afford Apple a better chance to get to the bottom of the funding question and that seems to be the odd situation that is now left simmering away. Psystar has by turn been devious, untruthful, canny and stupid and I think Apple still has many chances to ferret out the information it wants.
    If Camera sniffs something legally interesting then we can be sure the reciprocal is true regarding Apple’s legal eagles scenting Psysta’rs true intentions.

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