Edible Apple

The on-going saga between Apple and Psystar is starting to make a little bit more sense.  Earlier this week we mentioned how it seemed strange that Apple would be so quick to enter Alternative Dispute Resolution with Psystar when their legal allegations lack any strong legal foundation.  Now word is coming out that the only reason Apple and Psystar entered into ADR was because it was required by the Northern District of California.

Colby Springer, an attorney for the firm representing Psystar had this to say about the matter:  “It’s standard practice, not for all courts, but the practice is growing. Quite frankly, all the talk about entering negotiations is really a non-story… the case is very much alive.”  Springer went on to say, “the real story from our point of view is our objection to the Apple move to dismiss.”

A motion to dismiss is quite common in cases where one party believes that the other side is filing suit without merit.  If a judge reviews the allegations and the motion to dismiss, and comes to a conclusion that there is no legal basis to proceed with litigation, then the suit is dismissed and thrown out of court.  Again, given Psystar’s un-precdented assertion that a computer operating system by itself can be considered a “market”, it wouldn’t be surprising at all to see this case dismissed.  Psystar, however, seems keen on fighting this one out tooth and nail to the bitter end.

Apple and Psystar will argue the motion to dismiss on November 6th.