$bbtitle
Apple Stock: 194.34 ( +0.3099 )
RSS RSS Twitter Twitter
Search:
AppleInsider.com Archives News Bytes Reviews Anonymous Mailer Submit Story AppleInsider Forums Mac Prices Polls Advertise on AppleInsider Contact AppleInsider
Save up to $280 on new MacBook Pros and up to $150 on brand new iMacs with special coupons: Mac Pricing Guide updated Nov 6th (Find the best prices on Macs).
Tuesday, May 26, 2009

Psystar files for bankruptcy likely delaying Apple case

By Slash Lane

Published: 01:00 PM EST

Psystar abruptly filed for bankruptcy protection in the state of Florida last week in a move that's likely to delay or end its ongoing legal proceedings with Apple over the sale of unauthorized Mac clones.

The voluntary petition for bankruptcy [PDF] was filed last Thursday in the United States Bankruptcy Court for the Southern District of Florida, indicating that Psystar is more than $259,000 in debt. The MacObserver, speculates that this may be an indication that the company's financial backers may have pulled out under the belief that Apple will inevitably prevail in the lawsuit against the unauthorized clone maker.

Fed up with the Florida-based firm's online sale of knock-off Mac systems running hacked versions of the Mac OS X operating system, Apple last July sued Pystar on grounds of copyright infringement. Pystar retaliated with a counterclaim of is own, alleging that Apple was violating anti-trust laws through the terms of its Mac OS X end user license agreement, which forbids the installation of the software on non-Apple hardware.

The court eventually threw out Pystar's anti-trust claims but allowed the company to proceed with its second line of defense, which argues that Apple wrongfully extended the scope of its Mac OS copyright through the end user license agreement.

For its part, Apple has also said in court documents that it believes Psystar may be part of a larger conspiracy and is seeking to uncover unknown parties who may be secretly backing the clone maker, either financially or otherwise, in its efforts to disrupt Apple's stronghold on Mac hardware sales.

In an amended motion filed [PDF] last week, Psystar attributed its hardships to the turbulent global economy and pullback in consumer spending, saying the crisis has spilled over to its creditors, who have tightened their terms and become more demanding for immediate payments.

"Debtor’s vendors due to their own financial problems are not being able to supply all necessary items to allow Debtor to produce their product, thus, forcing Debtor to pay higher prices for parts in order to fulfill customer orders in a timely manner and to assure satisfaction with the product," Psystar's attorneys wrote. "These factors seriously contribute to the Debtor not being able to turn a significant profit in each sale."

Psystar's request for bankruptcy may delay its case against Apple given that proceedings in that case will be put on hold while the bankruptcy court hears the clone maker's case for Chapter 11 protection. However, the bankruptcy court will reportedly hold a meeting on June 5th where Psystar's creditors will be named, meaning any unknown parties backing the clone maker financially will be exposed.

It's likely to be only a few months before the court lifts its hold on Psystar's proceedings with Apple. But as the MacObserver points out, "Even if Psystar has plans of continuing its battle against Apple to sell PCs with Mac OS X installed, it isn't in a strong position to move forward once the Judge overseeing its bankruptcy lifts the automatic stay since it doesn't likely have money to pay for its legal defense."

For its part, Psystar maintained in court documents filed last week that it "plans on emerging from this Chapter 11 with a strong and effective plan to make an increasingly higher profit and still provide the consumer with the product that they have grown to enjoy and trust."

Filed under : General 168 Comments ] 
Story topics: lawsuits, Psystar   Print ] [ Story Link ] 


Pre-Order VMware Fusion 3
RSS
RSS
RSS
Mac Poker players can play Full Tilt Poker for Mac and get 100% to $600 free with bonus code MP600, courtesy of Online Poker Mac
AppleInsider Features
Hot Forum Topics

Recent Articles
Doom game creator suggests Apple embarrassed about iPhone gaming
Report: Apple to launch Verizon iPhone in Q3 2010
Apple unveils holiday shopping in-store pickup option
Apple's Broadway store to open Saturday, Nov. 14
Bizarre lawsuits connect Apple with Sarah Jessica Parker, Lil' Wayne
Apple predicted to countersue in legal battle with Nokia
Windows 7 tops Vista software sales, lags behind in hardware
Report: Apple testing RFID swipe support in iPhone prototypes
Inside Google's Android and Apple's iPhone OS as core platforms
Apple looks to hire new iPhone OS security manager
Apple investigating 'Grab & Go' simplified cross-platform sync
Apple co-founder Steve Jobs named Fortune 'CEO of the Decade'
Review roundup: Motorola Droid, Verizon's first Android handset
Apple's latest 10.6.2 beta packs fixes for VMWare, iMacs, Apple TV
Latest Snow Leopard build resurrects Atom compatibility
Bell, Telus provide new iPhone competition in Canada
'Art project' video game attacks Apple Mac machines
Hacker cracks Apple's latest iPhone 3GS security measures
The Beatles go digital with apples, but still not Apple's iTunes
Apple announces App Store offerings top 100,000
Apple launches iTunes Music Movies with exclusive content
Parallels Desktop 5 for Mac claims speed superiority
AT&T brings lawsuit against Verizon over 'Map' ad campaign
Canalys Q3 2009: iPhone, RIM taking over smartphone market
Hit-or-miss site claims 4G iPhone part; French exclusivity ends
Despite disappointing China debut, iPhone's 2010 predicted to be strong
Philadelphia's first Apple store moves closer to reality
Exclusive look at Apple's new iPod touch-based EasyPay checkout
China Unicom gains 5,000 iPhone subscribers from launch
iPhone makes enterprise market inroads for Apple
Apple pitches $30-a-month iTunes TV subscriptions - report
Apple's iPhone sees tepid sales debut in China
Apple's 2010 capital expenditures could signal major investments
Apple rumored to disable Atom support with Mac OS X 10.6.2
Apple advertising guru says he's 'not going anywhere'
First Look: Apple's 27" big screen iMac
Last chance this year to save an extra 3% on iMacs, white MacBooks
Visionary behind Apple's '1984' advertisement steps down
Flash playback issues reported on Apple's new 27-inch iMacs
Apple expands school initiative with Atlanta MacBook program

AppleInsider Market Place

Sell your Laptop - working or not. Free shipping.: Get an instant online quote and sell your laptop today !

Believe in Office: Save Up To 25% on Office 2004 For Mac. Visit Our Site for Details!

IBackup - SMB Online Backup: IBackup is the preferred online storage and backup service of choice for SMBs for its ease of use, security and value. Offers automated backup and restore, file selection and securiy.

Download free software - everyday updated freeware files

 
Advertisements








AppleInsider RSS Feed
AppleInsider © 1997-2008
Please review our Privacy Policy.
Written/Edited/Compiled by the AppleInsider Staff.