Well, we can't say we didn't see this coming -- Judge William Alsup in the federal Northern District of California today dismissed Psystar's antitrust counterclaims in Apple's copyright infringement lawsuit against the wannabe Mac cloner. According to the judge, Psystar's hotshot legal team failed to provide facts "plausibly supporting the counterintuitive claim that Apple's operating system is so unique that it suffers no actual or potential competitors." Not only that, but the judge also found that Psystar actually contradicted itself in pointing out that Apple has to advertise heavily to promote OS X against competing operating systems that perform the same tasks, and that Apple is "certainly entitled" to ask its customers to only use OS X on Apple machines. Yeah, that's a smackdown. Psystar has until December 18th to amend its complaint and try these arguments again, but we can't say we think it's got a shot in hell here -- and something tells us that that court-mandated alternative dispute resolution process isn't going to get very far in Psystar's favor either.

Disclaimer: Nilay's a lawyer and sells bootleg OSx86 machines out the back of his van, but he's not your lawyer and this isn't legal advice.

[Via Macrumors]

It looks like Psystar really hasn't been hit by either the economic downturn or the lawsuits Apple has brought against it regarding those "OS X-capable" machines. Adding insult to yesterday's injury -- the announcement of desktops with built-in Blu-ray and NVIDIA's GeForce 9800GT-- it also looks like the company is actively developing a Mac laptop clone, according to an email obtained by AppleInsider. A Psystar spokesperson claims that, "Although there is no mobile open computer at the moment, I can tell you that it is something that is in development," and adds "No release day or price has been set for any potential mobile product line. However I can assure you that at release it will be very competitively priced." Well then -- assuming the quality of the laptops will be comparable to those desktops -- we can hardly wait.

While suits from Psystar and Apple are currently attempting to work things out via alternative dispute resolution, the former company is doing something the latter company won't: offer OS X-capable machines with built-in Blu-ray and NVIDIA's GeForce 9800GT. Showing no mercy whatsoever in a recent release, Psystar calls Steve Jobs out for his controversial "bag of hurt" comment and proceeds to inform the general public that it's "now shipping" OS X-compatible PCs (better known as Open Computers) with Blu-ray optical drives and the GeForce 9800GT GPU. Based on pricing figures gathered from the company's website, a 6x Blu-ray writer is a $310 upgrade over a dual-layer DVD burner, while the 512MB GeForce 9800GT will set you back $200 more than the 8600GT. Whatcha got to say now, Steve? Huh? Huh?

[Via MacUser]

As much as we were hoping to see Steve Jobs and... well, anyone from Psystar settle things in the squared circle, we suppose we'll have to live with a much more peaceful end to this madness. Rather than spending wads of cash on lawyers for no good reason, the two outfits have agreed to use alternative dispute resolution in order to wrap this scuffle up and move forward. As you may know, ADR is a private process where both parties meet outside of a trial in order to reach some sort of agreement, though we imagine the outcome will be pretty public depending on Psystar's ability / inability to continue fulfilling orders. We're told that the process will get going before February of 2009, and the full fling (PDF) with the US district court in the Northern District of California is linked below if you've suddenly found yourself with entirely too much free time.

[Via The Mac Observer]

We don't suppose there's any friendlier way to put this: Open Tech Inc. is setting itself up for an Apple lawsuit, without any of the nice "product people will want to buy" stuff to balance out the equation. See, Open Tech thinks you're an idiot, and that you'll buy one of their "open computers" that can run (gasp!) OS X, XP, Vista or Ubuntu -- just like almost every other PC on the market today. We're guessing they figure that as long as they aren't loading OS X onto the computer themselves, they won't have any trouble from Apple, but that's where they go wrong. In addition to the EULA and copyright allegations, Apple's complaint against Psystar has claims for inducing copyright infringement and infringing on Apple trademarks by advertising non-Apple machines as compatible with OS X which is exactly Open Tech's ploy here. Mix that in with some crappy specs, an August-ish launch timeframe and no pricepoints to speak of, and you have one of the least desirable computers known to man. And hopefully a fun lawsuit for us to enjoy.

So we just got our hands on the complaint Apple filed against Psystar for building off-label Mac clones, and as expected, Steve and friends aren't pulling any punches -- in addition to the eight total claims, request for a permanent injunction, and money damages, Apple wants a recall of every Psystar machine ever sold. That's harsh, but it's not like Apple to take this lightly. Like we've been saying all along, the suit is more about copyright infringement than EULA violations, since Psystar was distributing a modified version of Apple's copyrighted code outside the terms of the EULA. Grab the complaint here [PDF], and then head after the break for a quick breakdown of what Apple says Psystar is liable for.

PS. - Somewhat charmingly, we're quoted in the factual allegations section as calling the Psystar machine we reviewed "crazy loud" -- aww, you shouldn't have, guys. Maybe you want to throw in a citation next time, though? Just a thought.

We weren't terribly impressed with Psystar's Open Computer the first time around, but hopefully this new revision will perk things up a bit -- along with dealing with that insufferable fan noise. Psystar is making no such promises, but it has quietly rolled out a new case design, along with tossing in a NVIDIA GeForce 7200GS 256MB graphics card -- a decent bump over the original's integrated graphics. The price is still $399, and it still costs $155 extra to get Leopard pre-installed on the system.

[Thanks, iPod Macman]

Okay, so we've been playing with the Psystar Open Computer for a few hours now, and we've formed some early impressions and put together a short video of it in action. We haven't really tried to stress the system yet, but based on our other experiences with OSx86 machines, we're expecting things to generally go smoothly. That said, there are some definite rough patches and issues, all mostly having to do with the fact that OS X isn't really built for this hardware. Here's what we know so far:

Engadget NYC might have gotten to play with Apple's latest and greatest iMac yesterday, but we keep it dirty in the Chi -- yep, we've got the first Psystar Open Computer shipped out for review. We're just getting it set up, but check out the unboxing below, and hit us up with anything you want to know in comments -- you know we're going to put this thing through its paces.

Update: We've done some preliminary testing and benchmarks, check 'em out.

It's been a pretty hectic few days for wannabe Mac cloner Psystar -- its former credit card processor shut off its account when it learned what it was trying to sell, no one could figure out the company's true address, and company president Rudy Pedraza still has the disconcerting habit of not answering any questions and promising to call everyone back with a formal statement that's never arrived. Still, the company posted up a blurb today saying it's gotten a new credit card processor and that Open Computers are now being shipped in the order purchases were made. Of course, Rudy's been promising us a test machine since day one, so we're curious to see if he follows through -- has anyone gotten a tracking number? Anyone have their credit cards charged? Let us know.

Read - Psystar: "Store up and running"
Read - News.com article about Psystar's former credit card processor
Read - ZDNet article on Psystar's address

Uh-oh, it looks like wannabe Mac clone maker Psystar has more than one licensing issue with the Open Computer: the company didn't get permission from developers working on the OSx86 Project to sell their work. Netkas, who developed the EFI emulator Psystar is using, posted up a blog entry yesterday calling Psystar "liars" and has re-released his code under a license that specifically forbids commercial usage. We chatted briefly with Netkas and he told us that not only did Psystar take his code without permission, it's using other code from the project like the NVInject graphics patch developed by Gotoh, and that he contacted Psystar when he learned about the Open Computer with no results. We also talked to several other members of the OSx86 scene who believe that Apple is tolerant of (and even subtly assisting) their efforts, and are worried that the Psystar flap might end that relationship and bring the hammer down -- after all, there's no Psystar without OSx86.

Interestingly, when we called Psystar to get comments on all of this, Rudy Pedraza, the president, first wanted to know if we could make Netkas call him, then denied using the EFI emulator, then repeatedly asked us for Netkas's phone number (in Russia!) so he could talk to him directly, and then finally promised to call us back. Yeah, he never called back. That's a lot of uncertainty around a pair of machines that haven't shipped from a company with two different addresses that's been in business for less than a year -- and Apple hasn't even gotten involved yet. At this point we're going to say that if you really want a hackintosh, you're likely better off rolling up your sleeves and building one yourself -- you'll probably have it done well before this whole mess gets sorted out.

Read - Netkas blog posting
Read - The Guardian "So exactly who or what is Psystar?"
Read - Psystar listing at the Florida State Department website

So the rumors swirling around would-be Mac clone maker Psystar are getting pretty wild out there -- we've heard everything from "Apple has shut the company down" to "Psystar is going to challenge Apple's EULA in court" in the vacuum following the company's site meltdown yesterday. That's a big spread, so we hit up Psystar's president Rudy Pedraza for some answers. Rudy was relatively cagey on the phone, refusing to answer any questions about Apple's EULA or copyrights -- or even confirm if Apple has talked with the company -- but he told us that he's got a "team" of people working on an official response and that the Open Computer (and the new quad-core Open Pro, pictured above) are still for sale. What's more, he told us that "a few" orders placed before yesterday's flood of interest have shipped, which means we're curious to see if any of these early adopters actually surface in the next few days. Rudy also told us that Psystar isn't out to infringe any copyrights or trademarks (really?), and that he has no idea how Information Week got a quote from someone named "Robert" indicating that the company was going to challenge Apple's EULA in court. Sure thing. Rudy promised us a machine either today or tomorrow, we'll see what happens -- honestly, it seems like things are chaos at Psystar's HQ in Miami right now.

P.S. -Remember MGM v. Grokster? In that case the Supreme Court ruled that a company that based its business around the knowing copyright infringement of customers was still liable, even if it didn't infringe directly. Kinda shoots a hole in the "just don't pre-install Leopard" theory, no?

Read - Psystar Open Pro
Read - Information Week ("Psystar vows to challenge Apple EULA")
Read - DailyTech: ("Apple Kills Psystar's $399 Mac")