Judge moves to kill PsyStar’s countersuit
Upstart Florida-based Mac clone maker has until Dec 8 to amend their claim, but the wording of the preliminary ruling from the bench indicates their chances are looking slim nevertheless. In fact, the words “road kill” come to mind.
AppleInsider reports that Judge William Alsup has rejected the basis for Psystar’s counter suit and could grant Apple’s motion to have the clone maker’s claims thrown out of court, though the upstart company has until to Monday, Dec 8th to file an amended complaint.
If PsyStar’s amended countersuit doesn’t sway Alsup, all of its claims will be dismissed without leave to amend. In other words, dismissed with prejudice, obviating the company’s main line of defense.
In a nutshell, the clone maker claimed that that the market for Macintosh computers is distinct and separate, which Apple maintains illegal monopoly control over by tying company’s OS X to the company’s own-branded hardware.
“The counterclaim itself explains that Mac OS performs the same functions as other operating systems. The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition”—Judge William Alsop in his 19-page preliminary ruling.
The coup de grace may these two lines from Alsop, “Apple asks its customers to purchase Mac OS knowing that it is to be used only with Apple computers. It is certainly entitled to do so.”
With that backdrop, it seems unlikely PsyStar will have much of anything on or before Dec 8 that will move the judge. Further, with their main defense left in tatters, what is preventing the Florida-based clone maker from reaching a settlement now?
Perhaps Apple will be able to announce a resolution at Macworld San Francisco? That would be a nice way to start the New Year…
What’s your take?
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November 19th, 2008
silly apple … when will you realise ms’s main weapon is MARKET PENETRATION, which they exercise at all costs? get your OS onto cheaper machines – even if you yourself are not making them and making direct profit, you could levy a small licensing fee ($5 each?) plus the price of the operating system, which makes for a nice secondary income stream from those who woud never have bought a mac beforehand.
subvert ms’s main way of getting people everywhere to use their system as the preffered one, attracting developers which attract more customers, which then give ths devs more reason to stick around and make further good software ……. see where i’m going?
November 20th, 2008
You’re going to derail one of the best turnarounds in retail history. Apple purposely and carefully slots it’s hardware so there is no overlap. It’s not hard to justify getting an iMac when you look at the Mini.
Apple is a hardware company. People buy Macs to run OSX. If they did as you suggest, like in the 1990’s with the Mac clones, the nice secondary income stream will have a huge effect on the primary one. There would be droves of people going for cheaper hardware who have no choice but to get a Mac currently.
Pretty funny watching people giving Jobs advice on marketing and sales. He doesn’t want to get into high volume low margin business and dilute the brand.