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October 19th, 2008

Apple and Psystar agree to Alternative Dispute Resolution (ADR)

Posted by Adrian Kingsley-Hughes @ 10:01 am

Categories: Apple, Legal

Tags: Apple Inc., Adrian Kingsley-Hughes, Psystar, Alternative Dispute Resolution, Apple Mac OS X, Apple Mac OS, Desktops, Investment, Operating Systems, Software

The Apple vs. Psystar legal tiff takes an interesting direction with both companies agreeing to Alternative Dispute Resolution (ADR).

As opposed to the public deathmatch of a trial, the companies have chosen to take the route of ADR, which means that both parties will meet outside of a trial to come to an agreement on how to settle this issue (background 1, 2, 3, 4, 5 and 6). The outcome of these negotiations could remain secret, so we might never know how things pan out (although we might get a clue, depending on whether Psystar continues to offer Mac OS X as an option on PCs). We also don’t know which side asked for the process to be shifted to ADR [UPDATE: It now appears that the two companies were pushed into mediation.].

The ADR process could take months to complete, but the court filing does indicate that the process will kick off before Jan 31st 2009.

Filing here (PDF).

Few random thoughts …

  • ADR might not be good for Apple. After all, a public hanging of Psystar would put off any other company with the same idea.
  • I really doubt that this will end up with Psystar being licensed to sell Mac clones. If this happens, watch Apple’s stock price take a serious beating.
  • I wonder how much the upgraded copyright bill has to do with this change of direction?

As of today, Psystar continues to offer the Open Computer for sale.

Adrian Kingsley-HughesAdrian is a technology journalist and author who has devoted over a decade to helping users get the most from technology. He also runs a popular blog called The PC Doctor. See his full profile and disclosure of his industry affiliations

Want to get in touch? Got a tip? Feel free to drop me a note! I ALWAYS respect anonymity. I'm also on Twitter (@the_pc_doc)

Right to Reply: Should any industry representatives wish to comment on any posts on Hardware 2.0, I will be happy to publish their reply verbatim on this blog.

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Related Discussions on TechRepublic

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  • Most Recent of 17 Talkback(s)
Have no idea
Would be useful to know what would happen if they're not (I'm sure Apple's lawyers are exploring it). My guess would be that if Psystar's incorporation is invalid, it would be a de facto partnership ... (Read the rest)
Posted by: John L. Ries Posted on: 10/21/08 You are currently: a Guest | | Terms of Use
My guess here would be that  GuidingLight | 10/19/08
OSX itself is not hacked  djchandler | 10/20/08
Confused on the meaning of first "random thought"  MGP2 | 10/19/08
Re: Confused  jbroche18 | 10/19/08
RE: Apple and Psystar agree to Alternative Dispute Resolution (ADR)  The Management consultant | 10/19/08
RE: Apple and Psystar agree to Alternative Dispute Resolution (ADR)  gamerfreak | 10/19/08
It isn't binding.  TripleII | 10/19/08
RE: Apple and Psystar agree to Alternative Dispute Resolution (ADR)  preachjohn | 10/20/08
Glad he is not  markbn | 10/20/08
RE: Apple and Psystar agree to Alternative Dispute Resolution (ADR)  dennyc5@... | 10/20/08
I really wouldn't go...  Rick_K | 10/20/08
Ok For Now  dennyc5@... | 10/20/08
Says more about Apple than about Psystar  John L. Ries | 10/20/08
One fact that is telling  John L. Ries | 10/20/08
Yes It looks that way  toviz@... | 10/20/08
Is Psystar even a legal company?  vulpine@... | 10/20/08
Have no idea  John L. Ries | 10/21/08

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