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Comment by Locke1689 | Hacker News Reader

Psystar's suit alleges that since Apple is "tying its operating system to Apple-branded hardware," Cupertino is unfairly monopolizing the market for what Psystar dubs "premium computers," and by doing so "collects monopoly rents."

The suit is specific to Apple's new Mac OS X 10.6 Snow Leopard operating system - which is why Apple wanted it thrown out, saying that the new suit was "essentially identical" to the existing legal imbroglio between Apple and Psystar, which centers on the previous operating system, Mac OS X 10.5, aka Leopard.

Uhh, that seems pretty straightforward...

Either the judge doesn't understand that there's really nothing different about Snow Leopard or there's some legal nuance I'm missing.

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If you'd finished the article, you'd have noticed that it was the second half of the request that the judge rejected. Apple wanted the judge to reopen the discovery part of the precedings to take into account 10.6 which was released after the the discovery part had already closed. The judge said that this was Apple's fault for delaying the release of the OS and declined the motion, the whole motion.

This sort of just highlights how the legal process just doesn't have the ability to deal with either the time frames or the technical challenges of the newer industries.

Throw in the ability of things like software to escape easy definition and/or the need for new legislation in light of new paradigms and you basically are stuck.

Apple purposely delayed the release of Snow Leopard so that the discovery period had ended, they then realised they needed it open and applied for it to be reopened. The judge denied this because Apple brought it on themselves, so how are there time frame problems? Apple fucked itself through its own legal incompetence, done and done.

Yes because Apple chooses all the ship dates for their OS updates based on rinky-dink legal cases. Actually Snow Leopard original scheduled ship date was 3 weeks AFTER it actually went on sale so they didn't 'delay' anything.

But you're completely right Apple "fucked itself" by releasing their new operating system ahead of schedule.

Apple purposely delayed the release of Snow Leopard so that the discovery period had ended

This is claimed, not proven.

Um, actually Apple wanted to toss out Psystar's suit because it does take into account 10.6. Apple is saying that the suit is like the existing suit which deals with 10.5.

I think the point is that if Psystar does win the right to sell Mac OS, Apple could force the judge to only allow them to sell 10.5 instead of the latest versions.

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