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Psystar Makes Its Case In Bankruptcy Court, but Stay is Lifted Anyway

By Pamela Jones et al.

The bankruptcy court in Florida has granted [PDF] Apple's motion to lift the automatic stay, to allow the Apple v. Psystar case to continue to resolution in California:

The automatic stay imposed by 11 U.S.C. §362 (a) is lifted to allow the Infringement Action to proceed for all purposes through final judgment; provided that Apple must seek further relief from this Court before executing any money judgment obtained in the Infringement Action against the Debtor's estate.

Psystar had filed an opposition [PDF] to Apple's motion to lift the stay. Attached as Exhibit C [PDF] was an affidavit from Psystar's President, setting forth Psystar's position. To no avail, alas.

So, it's off to the races. I'm sure Psystar just can't wait to make its EULA arguments. Of course, as is typical in bankruptcy cases, even if Apple wins, no money can be handed over without the bankruptcy court OKing it first. But that isn't, I suspect, Apple's primary goal anyway. They want the copyright infringement, as they see it, to stop.

Full post as published by Groklaw on June 23, 2009 (boomark / email).