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.
Yorio in 2007 won a $10 million settlement from Apple for Burst.com, which claimed that Apple had violated its streaming media patents. Yorio also helped negotiate a similar, $60 million settlement from Microsoft on behalf of Burst.com.
On its Web site, Carr & Ferrell describes itself as "a full-service law firm uniquely positioned to provide strategic intellectual property, corporate, financing and litigation services." The firm makes note of the fact that it's "located in the heart of Silicon Valley's technology and venture capital community."
Psystar claims its Mac clones cost about one-quarter to 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 earlier this month and demand that any systems previously sold by the company be recalled.
It's a high stakes case. If Psystar prevails, it could open the door for other PC makers, including major vendors like Dell and HP, to offer Mac clones. That in turn, could undermine Apple's entire business model -- which features Apple software locked down on Apple hardware -- while giving computer makers more leverage against Microsoft.
Court records show that Psystar plans to file a formal response to Apple's charges in mid-August.
Open Government: A San Francisco Treat
San Francisco took Obama's pledge of open and transparent government seriously, and launched datasf.org -- its attempt to give the city's data back to its citizens. Developers and users have embraced it, and the city's mayor is already looking ahead....

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