Psystar Misses Second Court Deadline, Still Sells OpenComputers

The Florida-based Mac-cloner known as Psystar, who has already drawn some attention onto itself within the last three months, has missed the second deadline to formally respond to Apple's charges. Despite being cornered by Apple, the company is still selling its OpenComputers, even issuing Mac OS X Leopard restore disks to its customers.

Long story short, Apple stresses out that Psystar's Mac clones violate its EULA, which says no other computers, except its own, are allowed to run OS X Leopard. Psystar, for its part, claims Apple's EULA itself conflicts with US monopoly laws. The rest of the aspects will soon be re-opened for debate in court. We will be promptly reporting on them, as the events unfold.

According to various sources on the web, Psystar was originally supposed to submit its response to Apple's accusations by July 28, this being its first extension period. The company selling regular PCs that run Leopard like a charm failed to do that, and received another extension, until August 18. Psystar failed to meet that deadline too, and required another extension for August 28.

InformationWeek notes that "the delays could be the result of routine scheduling conflicts, or a sign that the case is more complex than Psystar anticipated. The company's response is the subject of keen anticipation in the computer industry, as it will provide the first public indication of the legal theories that Psystar's attorneys plan to employ in its defense."

Softpedia take: It's not unheard of "sue-ees" to miss their deadlines to answer accusations, but Psystar sure isn't making it easy for itself still selling the EULA-violating OpenComputers and, even more, by sending out "restore" solutions to its customers. It's almost as if Psystar, in a desperate approach, is trying to sell as many of its products as possible to raise cash for the fight with Apple.

We previously reported that three attorneys at Carr & Ferrell had been listed on the original filing that extended Psystar Corp.'s deadline to respond to Apple's lawsuit. Colby Springer, Christine Watson and Robert Yorio (partner at the firm) have previously beaten Apple in court, reports say, so they're probably charging a few extra bucks for their Herculean feat. Internet real estate sites have also recently revealed that Psystar's "house" was up for sale. If Psystar (and its legal reps) is smart, it should take this extra time to come up with a good defense, instead of collecting pennies.