Feeds

Apple's move to kill Hackintosher suit denied

Must defend 'monopoly rents'

High performance access to file storage

Apple's motion to toss out a lawsuit filed by pesky Hackintosher Psystar was itself tossed out by a US District Court judge.

Make that one exasperated US District Court judge.

Apple's motion was straightforward. It asked the judge who will hear Apple's suit against Psystar in January of 2010 - William Alsup of the US District Court in Northern California - to throw out a Psystar countersuit filed in August in the Hackintosher's home state of Florida.

Psystar's suit alleges that since Apple is "tying its operating system to Apple-branded hardware," Cupertino is unfairly monopolizing the market for what Psystar dubs "premium computers," and by doing so "collects monopoly rents."

The suit is specific to Apple's new Mac OS X 10.6 Snow Leopard operating system - which is why Apple wanted it thrown out, saying that the new suit was "essentially identical" to the existing legal imbroglio between Apple and Psystar, which centers on the previous operating system, Mac OS X 10.5, aka Leopard.

Apple's motion to dismiss also asked Judge Alsop to reopen the discovery phase of the California trial to allow investigation of Psystar's use of Snow Leopard. That discovery phase had closed on August 21, one week before Apple released Snow Leopard.

Which mightily ticked off Judge Alsup. In his signed order to deny Apple's motion, he wrote: "Apple has fought hard to keep its unreleased product — Snow Leopard — out of this action by, among other things, relentlessly objecting to discovery on Snow Leopard."

Alsup also implied that Apple had intentionally delayed the release of Snow Leopard until after the discovery period had closed. "Apple even chose when to release Snow Leopard and it chose to do so after all opportunity to take discovery on it had ended. The problem is one largely of Apple's own making."

And so Apple now has to deal with both the suit in Judge Alsup's Northern Califonia court and the "monopolistic" suit in Florida.

As Judge Alsup noted, the California trial is "looming early next year" - January 11, to be exact. And in that court, Apple will be facing a judge that's not at all happy with Cupertino's legal shenanigans.

Bootnote

Psystar - which is attempting to burnish its underdog reputation by releasing a new Rebel line of Hackintoshes - invites you to choose the winner of its "I'm a Psystar" ad contest. You can check out the seven finalists here.

High performance access to file storage

More from The Register

next story
Report: Apple seeking to raise iPhone 6 price by a HUNDRED BUCKS
'Well, that 5c experiment didn't go so well – let's try the other direction'
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Nvidia gamers hit trifecta with driver, optimizer, and mobile upgrades
Li'l Shield moves up to Android 4.4.2 KitKat, GameStream comes to notebooks
AMD unveils Godzilla's graphics card – 'the world's fastest, period'
The Radeon R9 295X2: Water-cooled, 5,632 stream processors, 11.5TFLOPS
FOUR DAYS: That's how long it took to crack Galaxy S5 fingerscanner
Sammy's newbie cooked slower than iPhone, also costs more to build
Sony battery recall as VAIO goes out with a bang, not a whimper
The perils of having Panasonic as a partner
NORKS' own smartmobe pegged as Chinese landfill Android
Fake kit in the hermit kingdom? That's just Kim Jong-un-believable!
Gimme a high S5: Samsung Galaxy S5 puts substance over style
Biometrics and kid-friendly mode in back-to-basics blockbuster
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.