ZDNet reports that Apple has asked Judge William Alsup to dismiss "with prejudice" PsyStar's countersuit against Mac maker, which means the clone maker couldn't seek to change, update or otherwise refile if the bench agrees.
The Court should reject Psystar’s efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice. Ignoring fundamental principles of antitrust law, and the realities of the marketplace, Psystar contends that Apple has unlawfully monopolized an alleged market that consists of only one product, the Macintosh computer.
Apple's motion to dismiss was filed on Sept 30 and Cupertino has asked the judge to make his ruling at a Nov 6 hearing.
The mothership filed suit against the unlicensed Mac cloner in July and is seeking a court-mandated recall of all Hackintoshes sold by the Florida-based company.
Editor's note: A motion to dismiss is standard operating procedure. A motion to dismiss with prejudice is a bit more. Although I wouldn't mind seeing more Macs at lower prices, Psystar's continued existence means uncertainty and that's not good.
"Dismiss... with extreme prejustice" would have been even better. Especially if Judge Alsup was being played by Charlie Sheen.
Posted by headwerkn on 10/01/08 7:24 PM
Um, Martin Sheen...
Posted by Guest Poster #2 on 10/01/08 8:28 PM
Why can't Psystar's death be drawn-out and painful? This would discourage others from following suit. As long as they are forced to buy brand new Macs for all their customers, let them linger in agony.
Cruel & Unusual Posted by Bob on 10/01/08 8:38 PM
Hey! Psystar would be good for the Mac market. I for one am sick of Apple's decreasing quality and increasing prices. If this were Microsoft you would be singing a different song.
Screw Apple's lock on the hardware.
Posted by Guest Poster #4 on 10/02/08 12:20 AM
Psystar should be shutdown immediately!!!!! Screw companies that try and sell cheap crap by not developing there OWN software, and then turn around say they have a right? Sorry, that doesn't cut it.
And Apple is number 1 in quality and service!
Bye, bye, Psystar.........
Psystar should be shutdown immediately!!!!! Posted by Guest Poster #5 on 10/02/08 2:02 AM
I don't think they really hurt anything, but at the same time, I can see where Apple wants the user to have a good experience with the Mac and it's workings.
Apple does have the right to make the whole package, software to hardware. I like it the way it is...though pricing can be a bit tough when I go to get my new Mac every few years. In the end I am glad I bought Mac, I don't ever want to consider buying something else.
Geez. Posted by Me on 10/02/08 2:52 AM
"I for one am sick of Apple's decreasing quality and increasing prices."
Decreasing quality, even though the most recent customer service surveys indicate over 80% approval with Apple products and support for faulty products when you can find one (most stories are anecdotal, not nearly systemic enough to use such a broad term as "decreasing quality").
Increasing prices, even though every Mac model refresh released since 2004 has been priced the same or less than its predecessor.
Poster #4, you weren't very good at history, were you? That's okay, most everyone forgets things about as soon as they happen. Remember Ten Second Tom from "50 First Dates?" I guess he's found IGM.
Increasing prices? Posted by macmikey on 10/02/08 11:28 PM
