Showdown at High Noon: Apple vs. Psystar

There’s been a lot of commentary on the Apple/Psystar case, though I believe most of it is based on misunderstanding of the legal process and the normal dance steps that take place before trial. In such cases a “loss” on either side is really not a loss at all, it’s just the standard pre-trial theatrics leading to the main event. 

There is a good scoop on World of Apple about the latest developments, which include a new twist.

A decision on Apple’s motion for dismissal is expected by 11/20 (i.e., within two weeks of the oral arguments presented last Thursday, 11/6). The composition makes the following claim regarding the motion to dismiss: 

Now I will repeat what I have said multiple times before: Apple will not prevail on its Motion to Dismiss, and the Apple web will completely blow the significance of Apple’s loss out of proportion. I believe that Apple will not prevail simply on sheer statistics, and the philosophy that courts do not like to take cases out of the hands of the jury.

I

can’t help but agree with both sentiments.

• Even without a legal background, it’s clear to me no judge in his right mind wants to keep a case from a jury. It gives the appearance that a judge is not allowing someone to be tried by the classic “jury of their peers.” whether there’s even a shred of doubt, soon after a judge will nearly certainly allow it to proceed. In my view, the motion to dismiss is simply the standard first step Apple makes, but they know full well it’s a shot in the dark. They’d likely faint whether it were granted. 
• Based on what I’ve seen blogged on that case, the article’s claim that the blogosphere will form a big deal out of Apple “losing” that round seems pretty solid. And yet, bloggers aside, the truth is it won’t mean much of anything. 

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Orginal post by Tom Reestman

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