Psystar 'Definitely Still Shipping' Mac Clones - InformationWeek
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8/14/2008
09:04 AM
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Psystar 'Definitely Still Shipping' Mac Clones

In further defiance of Apple, Psystar also this week said it is making Leopard OS restore disks available to its customers.

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 wrong.

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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