Who is behind the door?...Apple wants to know
Posted: Fri Dec 05, 2008 9:12 pm
(And here now is yet another exciting episode of "Who is behind the door?" . In this captivating chapter...we find Apple seeking the identities of 10 people and / or companies.... is Microsoft behind it? Dell computers? As the "plot" thickens... stay tuned for another exciting episode of "Who is behind the door")
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Apple seeking 10 ‘John Does’
http://mac.blorge.com/2008/12/05/apple- ... john-does/
Have you wondered how a fly-by-night outfit like PsyStar can afford such a high-profile law firm? So have Apple’s lawyers and the Mac maker has expanded their lawsuit against the Florida-based cloner to find out who’s behind the curtain.
Apple filed additional charges with the court on the day before Thanksgiving and are seeking the identities of 10 people and / or companies—John Does 1 through 10—they think may be behind PsyStar’s audacious, in-your-face product and marketing efforts, as well as the company’s top-shelf legal team.
According to Groklaw, the open-source community’s source for legal news and views, points out this clause in Apple’s latest filing:
On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint … 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.
Like a lot of people, the folks at Groklaw has wondered how PsyStar could afford not only to be so bold, but also gain representation by Carr & Ferrell, a high-profil and, one assumes, rather expensive legal firm that has prevailed against Apple in court in the past.
Also, Groklaw has looked at PsyStar’s End User License Agreement (EULA), the first paragraph of which reads:
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
Of course, the flaming irony and bitter hypocrisy here it that PsyStar has flagrantly violated Apple’s EULA in building and equipping computers preloaded with OS X.
Thereupon, wouldn’t it be hilarious if it was discovered that PsyStar’s sugar daddy, or daddies as the case may be, turned out to be Bill Gates or Michael Dell? After all it Microsoft was in part behind SCO’s attack on Linux and Dell has said he’d jump at the chance to ship PCs running OS X…
What’s your take?
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Apple seeking 10 ‘John Does’
http://mac.blorge.com/2008/12/05/apple- ... john-does/
Have you wondered how a fly-by-night outfit like PsyStar can afford such a high-profile law firm? So have Apple’s lawyers and the Mac maker has expanded their lawsuit against the Florida-based cloner to find out who’s behind the curtain.
Apple filed additional charges with the court on the day before Thanksgiving and are seeking the identities of 10 people and / or companies—John Does 1 through 10—they think may be behind PsyStar’s audacious, in-your-face product and marketing efforts, as well as the company’s top-shelf legal team.
According to Groklaw, the open-source community’s source for legal news and views, points out this clause in Apple’s latest filing:
On information and belief, persons other than Psystar are involved in Psystar’s unlawful and improper activities described in this Amended Complaint … 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.
Like a lot of people, the folks at Groklaw has wondered how PsyStar could afford not only to be so bold, but also gain representation by Carr & Ferrell, a high-profil and, one assumes, rather expensive legal firm that has prevailed against Apple in court in the past.
Also, Groklaw has looked at PsyStar’s End User License Agreement (EULA), the first paragraph of which reads:
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
Of course, the flaming irony and bitter hypocrisy here it that PsyStar has flagrantly violated Apple’s EULA in building and equipping computers preloaded with OS X.
Thereupon, wouldn’t it be hilarious if it was discovered that PsyStar’s sugar daddy, or daddies as the case may be, turned out to be Bill Gates or Michael Dell? After all it Microsoft was in part behind SCO’s attack on Linux and Dell has said he’d jump at the chance to ship PCs running OS X…
What’s your take?
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