Feeds

Apple and Psystar enter out-of-court counseling

Judge lowers cone of silence on Mac clone scrap

Intelligent flash storage arrays

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.

Intelligent flash storage arrays

More from The Register

next story
NOKIA - Not FINNished yet! BEHOLD the somewhat DULL MYSTERY DEVICE!
N1 mini-'slab to plop into crowded pond next year
Heyyy! NICE e-bracelet you've got there ... SHAME if someone were to SUBPOENA it
Court pops open cans of worms and whup-ass in Fitbit case
SLURP! Flick your TONGUE around our LOLLIPOP – Google
Android 5 is coming – IF you're lucky enough to have the right gadget
Fujitsu CTO: We'll be 3D-printing tech execs in 15 years
Fleshy techie disses network neutrality, helmet-less motorcyclists
Space Commanders rebel as Elite:Dangerous kills offline mode
Frontier cops an epic kicking in its own forums ahead of December revival
VINYL is BACK and you can thank Sonos for that
The format that wouldn’t die is officially in remission
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Getting ahead of the compliance curve
Learn about new services that make it easy to discover and manage certificates across the enterprise and how to get ahead of the compliance curve.
Top 5 reasons to deploy VMware with Tegile
Data demand and the rise of virtualization is challenging IT teams to deliver storage performance, scalability and capacity that can keep up, while maximizing efficiency.