14 DAY TRIAL // New information is available regarding the legal battle between Apple Inc. and Florida-based Mac cloner Psystar. Reportedly, Apple has filed a new document alleging Psystar erased crucial evidence, thus violating federal rules and a court order. The trial is scheduled to start on January 11, 2010.
"Defendant, Psystar Corporation, has destroyed relevant evidence that was legally required to preserve," the court document reads. "Specifically, Psystar has overwritten – i.e. erased – infringing versions of the software code used on computers sold to its customers [...] This discovery revealed that Psystar has erased prior versions of its software that Apple's experts independently found on defendant's computers," the document states, according to an AppleInsider report.
The document, described as "heavily redacted" by the Apple-focused website, conceals descriptions of the bootloader code used by Psystar. It also asks the court to force Psystar to produce the software. Referring to a redacted portion, one footnote in the document adds that, "Psystar's counsel stated that Psystar's e-mail and customer support software (SupportSuite) randomly 'deletes or loses' e-mails."
Psystar, for its part, now has the chance to depose a number of Apple executives in its own defense. "We are pleased to announce that an agreement with Apple’s counsel was reached earlier this month and we now have the final list of their deponents for our proposed topics with respect to this litigation," a post on the Mac cloner’s blog reads. "For the past week and for the following ten days we will be doing depositions of some of Apple’s highest level people. After numerous depositions of Psystar employees and associates the shoe is finally on the other foot, oh the joy!"
Among the nine Apple employees that Psystar is interviewing are mentioned SVP of Worldwide Marketing Phil Schiller, and SVP of Mac hardware engineering Bob Mansfield. Psystar goes as far as asking for questions from the commenters to use in the deposition. The post, titled "A taste of their own medicine," can be found here.