Apple
Apple asks court to proceed with Psystar trial
By Jim DalrympleJune 15, 2009, 6:23 am PT
Apple is asking the court to remove an automatic stay imposed by a bankruptcy filing and let the case against Mac clone-maker Psystar continue to trial.
Psystar filed in bankruptcy protect in May, which invoked an automatic stay of proceedings in Apple’s case against the company for copyright infringement. Apple says that Psystar is installing Mac OS X on its clone computers, in violation of the company’s End User License Agreement.
Apple accuses Psystar of hiding behind the court, filing for bankruptcy weeks before the end of fact discovery and just before a scheduled deposition. Apple also argues that Psystar remains open for business and has not changed its business model, where it continues to sell Mac OS X on its machines.
Apple admits in the court documents that it can’t collect any judgement against Psystar, except through the bankruptcy court. That makes it quite obvious that Apple must be confident in its legal position against Psystar and wants the court to render a decision in the case.
Having that decision would help Apple against several other clone-makers that have started in recent months.
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Apple asks court to proceed with Psystar trial
By Jim DalrympleJune 15, 2009, 6:23 am PT
Apple is asking the court to remove an automatic stay imposed by a bankruptcy filing and let the case against Mac clone-maker Psystar continue to trial.
Psystar filed in bankruptcy protect in May, which invoked an automatic stay of proceedings in Apple’s case against the company for copyright infringement. Apple says that Psystar is installing Mac OS X on its clone computers, in violation of the company’s End User License Agreement.
Apple accuses Psystar of hiding behind the court, filing for bankruptcy weeks before the end of fact discovery and just before a scheduled deposition. Apple also argues that Psystar remains open for business and has not changed its business model, where it continues to sell Mac OS X on its machines.
Apple admits in the court documents that it can’t collect any judgement against Psystar, except through the bankruptcy court. That makes it quite obvious that Apple must be confident in its legal position against Psystar and wants the court to render a decision in the case.
Having that decision would help Apple against several other clone-makers that have started in recent months.
Please take a minute to Tweet, Like, or Share this post with your friends.
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