Psystar's lawyers take another hit, say Apple didn't copyright OS X

It's official -- Psystar's "hotshot law firm" of Carr and Ferrell is desperate. Their latest brief on behalf of the wannabe Mac clonemaker says that Apple's copyright infringement and DMCA claims against Psystar are invalid because Steve and Co. improperly registered the copyright to OS X. Yes, that's right: Psystar's arguing that the most protective and litigious computer maker on the planet didn't take the time to properly register the copyright to its flagship product. If that sounds insane, it's because it is: we found registrations for every major version of OS X, dating from 2001, in about five seconds of searching. Seriously, if an argument this simple was a winner you'd think we'd have heard about it from the get-go, instead of Psystar's dubious, immediately-dismissed antitrust claims. We have no idea who's approving or paying for these flailing tactics, but firms like Carr and Ferrell don't risk their reputations on ridiculous arguments like this for free -- maybe there's something to that crazy "secret backer" conspiracy theory after all.

[Via AppleInsider]

Read - Psystar claims Apple didn't register the copyright in OS X
Read - Apple's OS X 10.5 copyright registration
Read - Apple's original OS X copyright registration

[Game_playa @ Dec 23rd 2008 12:13AM]

I hope they don't go out of business though

[1234321 @ Dec 23rd 2008 12:19AM]

actually I just saw an ad for them
really this isn't affecting their business until they get a court order to cease and desist
so really their plan might be to wait it out with as many offensives as they can fire

[slycooper_rocker [anti-panda death murder squadron force five] @ Dec 23rd 2008 2:35AM]

AKA the russian strategy. keep throwing things at them until they give up.

[Izzy @ Dec 23rd 2008 9:42AM]

@Sly. Actually I think that's my wife's theory on winning an argument.

I wonder what Apple's plan is for that Argentinian (?) clone maker.

[Bobby @ Dec 23rd 2008 10:07AM]

Two thumbs up for Psystar !!
Please please kick those evil company asses !

[muzhik @ Dec 23rd 2008 11:02AM]

OT:: vice president of Fry's is in big trouble - Fry's Electronics exec accused of embezzling

A Ferrari-driving vice president of Fry's Electronics Inc. who was allegedly such a heavyweight gambler that casinos chartered private planes to fly him to Las Vegas has been arrested on charges he embezzled more than $65 million from the retailer to fuel his lavish lifestyle and pay off debts.

Ausaf Umar Siddiqui is accused by the IRS of concocting a scheme in which he cut side deals with some of Fry's suppliers, buying their goods at higher prices and in greater quantities than normal in exchange for kickbacks of up to 31 percent of the sales price.

The IRS alleges in a criminal complaint filed against Siddiqui that he set up a shell company that hid $65.6 million in kickback payments from five Fry's vendors from January 2005 to November 2008. Of that amount, $17.9 million was paid to subsidiaries of Las Vegas Sands Corp., which operates the Venetian Casino Resort, according to the criminal complaint and regulatory filings. Authorities confirmed that the payments went to the casino.

Siddiqui, who lives in Palo Alto, was ordered held on $300,000 bond Monday at a hearing in S District Court in San Jose. He has been in custody since Friday, when agents arrested him at Fry's headquarters in San Jose in front of stunned co-workers.

Siddiqui has not been formally charged yet with the wire-fraud allegations laid out in the criminal complaint. Arlette Lee, spokeswoman for the IRS' Criminal Investigation division, said the judge in the case has given the government 20 days to file formal charges, which she said prosecutors intend to do.

source::: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/23/MN4H14TLUI.DTL&tsp=1

[KeatMP @ Dec 23rd 2008 12:16AM]

So are they just idiots or they are just kicking and screaming to their death?

[ProfessorDex @ Dec 23rd 2008 12:37AM]

I'd have to say both options are equally plausible.

[Mobius_1 @ Dec 23rd 2008 6:36AM]

i.e. they are just idiots kicking and screaming to their deaths.

[MacDaddy901 @ Dec 23rd 2008 12:19AM]

O. M. G. will someone please tell Psystar to shut up.

[who? @ Dec 23rd 2008 12:51AM]

They're idiots, but they're quite entertaining. Just like those afternoon televised court shows. If this was televised, it would be a double whammy. I imagine that Psystar's lawyers would resemble Ted from Scubs. I would pay to see it.

[BobFromVegas @ Dec 23rd 2008 6:40AM]

Almost as entertaining as Apple fanboy trolls.

[VanillaSpice @ Dec 23rd 2008 7:09PM]

Or the far more numerous and more vociferous anti-Apple and anti-iPhone trolls.

Oh wait, they're not entertaining at all.

[Blastar @ Dec 23rd 2008 12:19AM]

Just reading it makes you scared.. How in the earth could something like that happened ?
Could it be just an accident ?
I don't know about you people but something make me thing that maybe its not... and that's the most scary!

[PDubNYC @ Dec 23rd 2008 10:50AM]

WTF are you talking about?

[Anthony @ Dec 25th 2008 12:35AM]

lol +3 mana for randomness!

[FusioИ @ Dec 23rd 2008 12:19AM]

Epic Fail Psystar... You were a trooper, but you're grasping at thin air now.

[who? @ Dec 23rd 2008 12:46AM]

I'm with you, and I'll take a snappy retort with a side of two low ranks from the multitudes of PC users who think Psystar is doing the right thing here.

[angelwolf71885 @ Dec 23rd 2008 1:50AM]

next thay will clame that Apple dosent really own OSX bc its based on unix xD

[James Scott @ Dec 23rd 2008 12:21AM]

But the copyright clearly says CD-ROMS not DIGITAL VIDEO DISK or DVD. 10.5 ships in DVD not CD-ROMS so the copyright is clearly invalid.

[1234321 @ Dec 23rd 2008 12:23AM]

Digital Versatile Disc*

[quandmeme @ Dec 23rd 2008 12:34AM]

I'd say DVDs are pretty compact.

Seriously, though, that reference to CDs is for the format of the application. You'll notice that it says printed material as well. The source code is not distributed in print afaik, but the application was submitted in both forms.

[ProfessorDex @ Dec 23rd 2008 12:39AM]

Officially DVD stands for nothing except DVD.

There were two different meanings but they couldn't agree on one.

Digital Versatile Disk
Digital Video Disk

[A.C.E.R. @ Dec 23rd 2008 1:01AM]

You don't have to own a trademark, pay any money, or file any paperwork to be protected by copyright law. All you have to do is say your work is copyrighted and when the time comes prove it's yours if necessary.

[Félix @ Dec 23rd 2008 5:32AM]

True but the problem isn't copyright.
The problem is Eula, and the fail is the copyright.
You don't get it..
just google it like engadget.

[LondonConsultant @ Dec 23rd 2008 7:51AM]

"All you have to do is say your work is copyrighted"
Copyright is automatic; you don't even have to say your work is copyrighted. However, there are benefits from asserting it (eg to warn others) and registering it in US (eg to provide supporting evidence in the event of certain legal claims).

[tom @ Dec 23rd 2008 9:26AM]

I think Psystar purchase the OSX in boxes and install them. They didn't infringe the copyright. It is the fact that they did not install them on an Mac which cause them the trouble (violating the EULA)

[ekwmin @ Dec 25th 2008 3:33AM]

LondonConsultant you rock. Yeah, they don't have to file the copyright. Anyone's original work is copyrighted, it just makes it easier to defend if it's filed. For my photos I just place the © info and for written stories I just mail myself a few copies and keep them sealed (poor man's copyright).

[oh boy @ Dec 23rd 2008 12:31AM]

so who is funding Pystar?

[who? @ Dec 23rd 2008 12:52AM]

The entertainment companies, obviously.

[STINK @ Dec 23rd 2008 1:51AM]

Chinese manufacturers wanting more money from Apple?

[Keaton @ Dec 23rd 2008 3:03AM]

M$?

[STINK @ Dec 23rd 2008 4:00AM]

I don't know Keaton...OS X and Linux are the only things keeping M$ antitrust suits at bay...maybe? *shrugs*

[Taylor @ Dec 23rd 2008 4:34AM]

Apple Records?

[Miguel @ Dec 23rd 2008 4:50AM]

Apple, Inc. themselves.

It's a great way to play the "victim" company. They can't be like "Oh, look at us the underdog to MS" anymore. So they now have the strategy of "Look at us, people are ripping us off--clearly a great product if others want to buy it--plus, they are stealing revenue! No!" Free publicity. Well, mostly free.





How's THAT for a conspiracy theory?

[Mobius_1 @ Dec 23rd 2008 6:38AM]

George Bush.

[Macca @ Dec 23rd 2008 8:39AM]

I am.

[Hackettman @ Dec 23rd 2008 12:34PM]

I agree with entertainment companies........ I think sony and the like would love to see Apple squirm a bit...... This does look like a last ditch effort for psystar. Theres a few more angoles theyll try to play before getting booted out of court...... And with all the internet hits their getting theyre probably able to fund alot of this legal action themselves.

[mos @ Dec 23rd 2008 12:32AM]

Psystar might not have a case but N. Patel should not sound...

[absinthe party @ Dec 23rd 2008 7:09AM]

Egads, man! Should not sound what!?

[Heshmati4 @ Dec 23rd 2008 1:02AM]

I believe this will be a long long fight....

[Shyam D @ Dec 23rd 2008 1:05AM]

My god, at this point they just need to die and that Law Firm needs their all their bar certifications taken away. I hope they're paying Pystar to represent them, because I'm pretty sure Homer Simpson would do a better job. How fricking hard is to bring up a tying case? There is already precedent showing that it doesn't have to be under a monopoly to come to court. Say they're tying, reference the damn cases and move on. Trying to walk around that argument is just ruining them.

[UnixSystemsEngineer @ Dec 23rd 2008 4:25AM]

Until Jack Thompson is disbarred, I'm happy to let the Psystar people keep on practicing law. At least they're not freaking insane.

[Ter @ Dec 23rd 2008 7:56AM]

They could be trying to propose a new interpretation of the law, or maybe they will reference a case when the motion is heard in front of the judge.

And I really don't think the argument is ruining them, lawyers make all sorts of motions all the time, a lot of it is throwing a lot against a wall and running with what sticks. A good lawyer should try as many different motions as possible, not worry about which ones the internet thinks make them look silly.

[liquidmark @ Dec 24th 2008 11:09AM]

Jack Thompson was disbarred dude.

[Matt @ Dec 23rd 2008 7:13PM]

Jack Thompson was disbarred....

[Anmol Garcha @ Dec 23rd 2008 1:08AM]

Sometimes, people just need to know when to throw in the towel.

[Giroro @ Dec 23rd 2008 1:10AM]

"unfair competition" What does that mean? What counts as 'fair competition'?

[Félix @ Dec 23rd 2008 5:34AM]

When you compete on one market, not taking advantage of your monopole, or dominant position on another market.
that's fair competition.

[liquidmark @ Dec 24th 2008 11:10AM]

There's nothing unfair About Apple's practices. There are PLENTY of competing products on the market.

It is hard to bring a ant-trust case when a company is in the minority.