Although a judge recently ruled in favor of Apple in its copyright infringement case against Psystar, the two companies have reached a new settlement, according to Computerworld and other reports.
Details are sketchy at this point, and there's no confirmation from Apple, but Psystar claimed in a motion filed Monday that a partial settlement has been reached.
"Psystar has agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded," noted Psystar's motion filed in federal court in San Francisco. "Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple's copyright claims."
Psystar also seems to be looking for a loophole against any injunctions. Apple had asked the court to prevent Psystar from selling clones not just with Leopard, but also Snow Leopard, which was released after the lawsuit began. But in its filing, Psystar argued that it should be allowed to sell its Rebel EFI utility, which lets customers install Snow Leopard on clones sold by the company, thus moving the legal burden away from Psystar.
Psystar's motion also indicated that another motion with further details would be filed Tuesday with Judge William Alsup.
Apple's lawsuit against Psystar began in July 2008 after Psystar started selling Mac clones with OS X installed on them. Apple has argued that its end user license lets people install its operating system on Apple computers only.
On November 13, Alsup ruled in favor of Apple, finding that Psystar's use of OS X on its clones was not "fair use" as the company contended and further finding that Psystar violated the Digital Millennium Copyright Act (DMCA) by "circumventing Apple's protection barrier."
Since then, Apple has been keen to shut down Psystar's Mac clone business permanently, calling for an injunction against the company and potentially millions of dollars in damages, substantially more money than the clone maker has.
Alsup's findings and Apple's fervor in going after Psystar raise the question of why Apple would agree to any kind of settlement at this point. A hearing was set for December 14, with a full trial scheduled to start in January. But if the latest news from Psystar is true, then the company may be able to avoid further courtroom drama.
Neither Psystar nor Apple has responded to requests for comment. We'll provide further details of this latest development as court documents become available.
Industry insiders are accusing Apple of manipulating the price of NAND flash memory chips used in its popular iPhone and iPod products, according to a report in The Korea Times on Monday.
Citing unnamed sources, the article says Apple asks manufacturers to produce more chips than it eventually buys from Samsung Electronics and Hynix Semiconductor. The sources said Apple waits for the price of the chips to fall before making its purchase.
(Credit:
Apple)
The practice of not buying all of the product originally ordered, semiconductor analyst Jim Handy told CNET, is "not uncommon in the industry."
Handy, of market research firm Objective Analysis, explained that these contracts are normally negotiated with a cancellation clause, with provisions to protect the supplier and buyer. He said companies usually work closely with the buyers, so changes to orders are normally small and don't cause many problems.
Supply and demand in the NAND market are currently about even, Handy said, adding that with the popularity of the iPhone and iPod, he's heard estimates that 20 percent to 30 percent of the worldwide NAND flash memory goes to Apple. In its fiscal fourth-quarter results, the company reported selling 10.2 million iPods and 7.4 million iPhones for the three months ended September 26.
Chipmakers Samsung Electronics and Hynix Semiconductor declined to comment for The Korea Times, as did Apple's Korean office. Contacted by CNET, representatives of Apple in the United States also declined to comment for the story.
The iPhone sales numbers continue to increase, as does the number of applications available for the device. Apps are one reason the iPhone has become as popular as it is among so many different categories of users in such a short time on the market.
Apple currently has more than 100,000 apps available for download, with users having downloaded more than 2 billion apps as of November 4.
Apple's original Newton
(Credit: Apple)Back when CNET UK was a baby, it pitted an Apple Newton MessagePad against a Samsung Q1 UMPC in a brutal boxing match to the death. The Newton, despite being 10 years the Q1's senior, emerged victorious and the crowd--that's you lot--went wild.
Today, we've taken the reigning champion, the very same Newton, out of retirement to put it up against a brand-new contender. This time, the opposition is no Windows-tainted experiment doomed to failure. Oh no--this time it's the Newton's very own grandchild, the iPhone 3GS.
It would be a little unfair to compare the two devices on a like-for-like basis. One's a phone, for goodness sake, and one's a 400-year-old tablet thingy. CNET UK's Flora Graham and Rory Reid take a relative look at each, focusing on how innovative they were for their respective times...
Read more of "Apple Newton vs Apple iPhone at Crave UK.
The App Store has been a huge success for Apple and for some developers, but there have been a few hiccups along the way. Apps have made it past Apple's rigorous reviews machine only to be pulled down permanently, or have their developers required to remove key features.
Those who still have some of these apps can consider them collector's items, since they continue to work, despite not being able to be re-downloaded from the App Store. We've rounded up 10 of the most notable pulls (along with one that had to be tweaked for less functionality). Click the slideshow link below to get started.
Any we missed? Leave them in the comments.
A month after Apple started selling its iPhone in China, the device expanded its Asian reach Saturday with a much-heralded launch in South Korea.
In keeping with the tradition of waiting in line for hours in advance of an iPhone launch, hundreds queued up overnight outside the Olympic stadium in Seoul to snag the smartphone as soon as it officially landed amid blaring music and strobe lights. The hoopla appeared to far trump the phone's more subdued arrival in China, where it launched in the October cold and rain to smaller-than-expected crowds.
(Credit:
Apple)
KT Corp, South Korea's second largest mobile carrier (after SK Telecom) and the local distributor of the iPhone, says about 65,000 people have preordered the device, which hit the South Korean market two months after the government approved its sale.
Mobile penetration in South Korea is high--an estimated 93 percent of the country's population subscribes to a mobile service--but smartphones have yet to take off there due to cost, lack of apps, and high data rates by mobile carriers.
"We're hoping that this iPhone will be a trigger point for the smartphone market in Korea," said Yang Hyun-mi, chief strategy officer at KT Corp, according to the Canadian Press. Smartphones make up just 1 percent of all cell phones in South Korea, she said.
KT is pricing the 32GB iPhone 3GS at 396,000 won ($338) for customers who subscribe with a monthly service fee of 45,000 won (about $38). Customers who subscribe with a monthly fee of 65,000 won ($55) can get the phone for 264,000 won ($225). And premium users who sign up for monthly plans based on a 132,000 won ($113) basic rate can get the phone for free.
An 8GB iPhone, meanwhile, can be had for 132,000 won for subscribers signed on the 45,000 won monthly plans.
KT projects that iPhone sales will fall anywhere 200,000 to 500,000 units, a showing that's widely expected to shake up the country's mobile market. For years, the Korea Communications Commission used technical rules to stifle competition, allowing homegrown giants like Samsung and LG Electronics to take over the market, according to the Wall Street Journal.
Indeed, in good news for cost-conscious consumers, Samsung has already slashed the price of its 8GB Omnia 2 smartphone by 44,000 won ($37.50) to 924,000 won ($788).
Watch a South Korean iPhone television spot below.
Hot on the heels of its win against Mac clone-maker Psystar, Apple is suing another company that's making knockoffs of its products, but this time its power adapters.
(Credit:
Apple)
Apple filed the lawsuit against Media Solutions Holdings in the California Central District Court on Monday, according to InformationWeek. Apple claims the power adapters violate a patent the company holds on the design of its own adapters.
The power adapters in question come with Apple's MacBook and MacBook Pro line of notebooks. Apple also sells the adapters separately for $79 from its online and retail stores.
While several of Media Solutions Holdings Web sites, including Laptopsforless.com, Laptopacadapter.com, and Ereplacements.com, have Apple replacement parts in stock, none currently has the power adapter in question when CNET checked on Friday.
Media Solutions Holdings sells replacement parts for many of today's popular brands of computers like Sony, Toshiba, Lenovo, Acer and HP, among others.
Update 2: Apple's U.S. Black Friday sale is up, and while not spectacular, there are some rare discounts to be found. To go back to the same examples we used for the U.K. and Australian Apple stores, the base model 13-inch MacBook Pro is $1,098, down from $1,199.
In fact, it looks like all MacBook Pro models are exactly $101 off, while the $999 white MacBook is not discounted at all. The 32GB iPod Touch is $268, down from $299.
This sale is good online and in Apple's retail stores and runs until 3 a.m. EST on November 28.
Update: Even though it's not quite Black Friday in the U.S. yet, it's past midnight in some other parts of the globe. Notably, Australia and the U.K. have both seen their respective Apple Web sites updated to reveal Apple's one-day sale. While we can't say yet that the deals in the U.S. will be exactly the same, there's no reason think they won't be.
On apple.com/uk, we saw a 13-inch MacBook Pro, originally £1,149, marked down to £1,078. On apple.com/au, the same unit was A$1,868, marked down from A$1,999.
Similarly, a 32GB iPod Touch is £208, marked down from £229 on the U.K. site, while while in Australia, it's A$358, down from A$399.
We've also examined some Black Friday deals from other retailers.
Our original post continues below:
According to purportedly leaked documents on the tech rumor site Boy Genius Report, Apple is gearing up to offer a series of post-Thanksgiving bargains on products from iPods to MacBooks.
The deal, allegedly good only on November 27, lists "up to" discounts of 30 percent on iPods (excluding the Shuffle and iPhone), 25 percent on Mac laptops and desktops, and 15 percent on accessories, software, and other hardware.
The Boy Genius Report Web site says: "One of our connects just hit us up with some intriguing Apple information. According to them, what you see detailed above is a shot of Apple's yearly Black Friday deals. It's reported to be something Apple will email out shortly."
Of course, with the vague use of "up to" and no specific products listed, we can't be sure if these will be good deals or not. But if you're interested in being the first in line to check them out, the leaked doc also says that select Apple stores will be opening at 6 a.m. on November 27.
(Credit:
Boy Genius Report)
Having diligently hewn Psytar's legal coffin over the past year and a half, Apple has now taken up its hammer and set about nailing the Mac clone maker into it. This week, the company called for a permanent injunction against Psystar's operations.
"Psystar...has built its business on infringing Apple's copyrights and trademarks, free-riding on Apple's research and development efforts, and trading on Apple's hard-earned reputation for high quality, innovative and easy-to-use computers," Apple said in its motion.
"Psystar's appropriation of Apple's intellectual property and goodwill has been systematic and brazen, from the name of Psystar's 'OpenMac' computers to its deliberate pirating of Apple's Mac OS X," the company added.
"Psystar even seeks to profit from Apple's efforts to protect its rights, extolling this litigation as Psystar's 'opportunity to gain market share,' in a pitch to venture capitalists....Unless Psystar is permanently enjoined, it will not stop its unlawful conduct-conduct that is causing irreparable harm to Apple's business, brand and goodwill."
Catch that? Psystar was pitching VCs on its plan to use Apple's IP to "compete directly against Apple." Shameless. Little wonder Cupertino is so intent on burying the would-be rival.
And make no mistake, Apple legal is going to grind Psystar into fine silicon dust. In addition to the injunction, Apple is requesting compensation for legal costs and statutory damages owed under the Copyright Act and the Digital Millennium Copyright Act. And according to Apple's expert witness (PDF), statutory damages for the former should run "between $1500 and $300,000″ and for the latter "between $449,500 and $4,495,000."
Suffice it to say, that's quite a bit more than the current value of Psystar's assets which, according to its bankruptcy filing, are no more than $50,000.
Story Copyright (c) 2009 AllThingsD. All rights reserved.
Additional stories from AllThingsD
eBay is playing virtual Santa this holiday season with a free "Deals" app for the iPhone that leads consumers to the better buys on the auction site.
Launched Tuesday, eBay Deals is designed to deliver a stream of the best deals on the site from across hundreds of millions of listings. Like eBay Mobile, the company's regular iPhone app, Deals lets you search, shop, and pay for your items from your iPhone or iPod Touch.
All featured deals spotlight items with no bids, no reserve price, free or fixed-rate shipping, and less than four hours remaining to bid.
You can browse deals across eight categories, including apparel, computers, electronics, and collectibles. If you spot a deal you like, just tap on it, and its listing pops up where you can watch it or bid on it. Not crazy about the current deals? Just shake your iPhone or iPod Touch, and a new set of deals appears.
If you spot a deal that may be better for someone else, you can e-mail it or share it via your Facebook or Twitter account.
Besides browsing eBay's virtual aisles, you can search for your own deals by entering a product name, category, and price range. You can save your customized search results to return to them later.
Starting Friday, eBay will also be unveiling a "12 Days of Deals" feature promoting a new promotion each day until December 8. Friday's deal will offer Samsung's N120 Netbook.
"As the world's leading online marketplace we have insights into how people really want to shop...and they clearly want to shop on their phones," eBay Marketplaces President Lorrie Norrington said in a statement.
Though designed for the mobile crowd, eBay's daily deals can also be found online at the auction site's Deals page.
eBay has been busy lately sprucing up its mobile auction site for the holidays. The vendor recently added social networking to its eBay Mobile app, letting you share a listing through e-mail, Facebook, or Twitter.
Since its launch in 2008, eBay's mobile app has been downloaded more than 5 million times, said the company. With a purchase made every two seconds, the company said, more than $500 million worth of items are likely to be traded through eBay mobile this year.
It seems that Apple doesn't respect Verizon's Droid phone quite as much as it does Microsoft's PCs. But two new ad spots, launching Monday evening, come as close as Apple has done thus far to directly attack the allegedly do-it-all robotphone.
The Droid, you see, went after Apple in its teaser campaign with some telling remarks and the hearty claim that Droid does what the iPhone doesn't. Then Verizon decided it would be fun to knock both the iPhone and AT&T's spotty 3G coverage with its "Misfit Toys" concept.
AT&T has already replied by hustling a hastily-dressed Luke Wilson into directing a few resentful pins at Verizon's effigy. However these new ads, while entirely in keeping with the iPhone tone and style, end with a line that expressly assaults the doings of Droid--or rather, its alleged non-doings.
Both ads focus on the iPhone's ability to allow you to use voice and data capabilities simultaneously over the AT&T network. By asking gently at the end of each spot "Can your phone and your network do that?" Apple is bursting what it sees as the inflated stealth bombing that accompanied the launch of the Droid.
Apple iPhone Ad - Did You See My Email? from Arik Hesseldahl on Vimeo.
Apple iPhone Ad - What Time's The Movie? from Arik Hesseldahl on Vimeo.
These ads don't mention the Droid or Verizon by name. But the fact that Apple has decided to address its rivals, however obliquely, suggests that one can look forward to more accusations, more bickering, and more attempted one-upmanship.
'Tis the season of goodwill, after all.
