Psystar wants to battle the Apple Goliath

July 6, 2009

Psystar wants to battle the Apple GoliathTroubled Mac clonemaker Psystar is wiggling furiously in their trap, saying that they are ready to emerge from bankruptcy and continue to battle the evil Goliath named Apple. What’s up with that?

In what must be the biggest tongue-in-cheek bankruptcy news since General Motors filed, Psystar has asked to leave the protection of Chapter 11 bankruptcy after barely a month in the protective financial custody of the courts. In a letter to their customers, Psystar says that they are not only prepared to emerge from the bankruptcy proceedings, but are also ready to “again battle Goliath,” presumably in the role as David. To further mix the metaphor, the email gives the following advice: “when life gives you apples, make applesauce.”

Not only has Psystar forsaken the protection of the courts, thrown down the Biblical gauntlet, and moved into the food preparation advice business, they have introduced another line of computers, according to an Ars Technica story. They have announced the Psystar Open(7), which is a high-powered Nehalem-processor-based Xeon system, available in either desktop or rack-mount versions, to be used as a workstation or a server, respectively. All Open(7) models come with with MacOS X Leopard pre-installed, something not exactly guaranteed to fill Apple Inc. with joy.

Psystar’s entry into Chapter 11 bankruptcy a month ago had the immediate benefit of making Apple cease and desist in their lawsuit over copyright infringement, which claims (logically) that Psystar has no right to sell OS X. Apple, however, quickly went back to court, petitioning to have that stay removed. Psystar lost that case. Now, they are claiming that they cannot both stay in Chapter 11 and defend themselves in the matter of copyright infringement.

It is difficult to find a great deal of logic in any of Psystar’s legal moves or announcements. They are and were clearly in violation of Apple’s copyrights by installing Leopard on system that they sell. They do not look like a highly successful company, and are certainly not acting like one. Psystar vs. Apple looks like it could be a comedy of errors for observers, a classic tragedy for Psystar, and swift justice for Apple.

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