Feeds

Apple and Psystar enter out-of-court counseling

Judge lowers cone of silence on Mac clone scrap

The essential guide to IT transformation

Before Apple and Psystar take their fight over Mac clones to court, the two must first attempt to work out their legal scrape with private mediation.

The companies have agreed to participate in Alternative Dispute Resolution (ADR) under court orders, according to filings turned up by The Mac Observer.

The two have been exchanging legal filings since July, when Apple sued Psystar over copyright infringement for selling Mac OS X loaded on generic PCs.

Psystar returned fire in August by filing Sherman Antitrust Act complaints, accusing Apple of restricting its ability to trade and illegally monopolizing the market. Apple responded by asking the court to dismiss the monopoly complaint, and Psystar recently filed its argument to keep it.

They've agreed to hold their session by January 31, 2009.

ADR is non-binding mediation, allowing either party to reject the decision and request a trial if they don't like the outcome. The process is less formal — and more importantly for Psystar — less expensive than than official court proceedings.

The outcome, however, would remain private if an agreement is struck in the ADR process. That sort of secrecy should suit Apple just fine. In mediation, nobody can hear you scream.

But if Apple gets its way, Psystar's Mac clone business gets blasted from this plane of existence. That should make a ruling in Apple's favor pretty apparent.

Indeed, the best way to see if an out-of-court agreement is made is to keep checking Psystar's pulse. The company's still selling Mac clones as of today at least. ®

Update

Psystar counsel Colby Springer from the law firm Carr & Ferrell told El Reg this kind of mediation is not only procedural, but required in the Northern District of California court. He added Apple's motion for dismissal will need to be dealt with first before the mediation can take place.

Gartner critical capabilities for enterprise endpoint backup

More from The Register

next story
So, Apple won't sell cheap kit? Prepare the iOS garden wall WRECKING BALL
It can throw the low cost race if it looks to the cloud
Apple's iWatch? They cannae do it ... they don't have the POWER
Analyst predicts fanbois will have to wait until next year
AMD unveils 'single purpose' graphics card for PC gamers and NO ONE else
Chip maker claims the Radeon R9 285 is 'best in its class'
Apple promises to lift Curse of the Drained iPhone 5 Battery
Have you tried turning it off and...? Never mind, here's a replacement
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Apple to build WORLD'S BIGGEST iStore in Dubai
It's not the size of your shiny-shiny...
Just in case? Unverified 'supersize me' iPhone 6 pics in sneak leak peek
Is bigger necessarily better for the fruity firm's flagship phone?
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Scale data protection with your virtual environment
To scale at the rate of virtualization growth, data protection solutions need to adopt new capabilities and simplify current features.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?