Thursday, August 14, 2008

Psystar 'Definitely Still Shipping' Mac Clones

In the latest sign that it has no intention of backing down in its copyright
dispute with computing giant Apple, Psystar said Wednesday that is
"definitely still shipping" its Mac clones. In further defiance of
Apple, Psystar also this week said it is making Leopard OS restore disks available to its customers.

"Recently, our sales team has received several inquiries as to whether
or not our systems are still available," the clone maker said in a note
on its Web site Wednesday. "Psystar is definitely still shipping Open
Computing products and we've introduced our restore utilities to
enhance the computing experience for our customers at no extra cost."

Psystar claims its Mac clones cost about
one-quarter to one-half of what Apple-branded systems sell for. In
defense of its clones, the company charges that Apple marks up the cost
of the hardware on which its operating systems ride by as much as 80%.

The problem: Apple's end user license agreement expressly forbids
installation or sales of its operating systems on third-party hardware
-- a fact that led the company to file suit against Psystar last month and demand that any systems previously sold by the company be recalled.

But if Apple thought it could force tiny Psystar, which operates out of
a warehouse in a generic, Miami industrial park, to fold its tent by
hitting it with a 10-count, 30-page copyright lawsuit, it thought

Court records show that Psystar has retained for its defense a
high-profile, Silicon Valley law firm that has previously tangled with
Apple -- and won. It's a sign that Psystar, despite its miniscule size,
intends to see to its conclusion a case that could have a profound
impact on the personal computer industry.

Defending Psystar are attorneys from Palo Alto-based Carr &
Ferrell, which employs more than two dozen lawyers specializing in tech
industry issues such as copyright and intellectual property law. Court
records show that Carr & Ferrell partner Robert Yorio has been
assigned to the case, along with staff attorneys Christine Watson and
Colby Springer.

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