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Psystar Ramps Up Again, but Carr and Ferrell Says This Is Its Stop; Jammie Thomas' Final Lawyer Wants to Represent Psystar

By Pamela Jones et al.

Apple v. Psystar is going forward, whether Psystar enjoys it or not. The judge, US District Judge William Alsup, has set a date for trial, January 11, 2010, and the cut-off dates for discovery are set forth in the Second Case Management Order [PDF], after the parties filed a Second Joint Case Management Statement [PDF], which provides a kind of "state of the case" overview. The order also officially lifted the bankruptcy stay so this case can go forward. The last page is a suggestions form, where the judge asks the attorneys to provide any ideas for improvement by him or the court, to be offered anonymously. I've never seen that before, but then I have never been in a court in California.

Interestingly, it looks like Psystar will be going forward with new lawyers. There is a filing asking to substitute new lawyers for the Carr & Ferrell firm. The new lawyers Psystar wishes to substitute are Camara & Sibley, a Texas firm, and Welker & Rosario, a California firm, which agreed to serve as local counsel. They are all Harvard guys. As you may recall from Psystar filings in the bankruptcy, Carr & Ferrell's unpaid $88,468.84 bill is the largest debt that Psystar listed when seeking Chapter 11 bankruptcy protection. Camara & Sibley is the same firm that agreed to take on the Jammie Thomas case, when her first lawyer wanted out. And the firm presents itself as being willing to take on a case even very late in the process, even after adverse rulings. One can't help but recall, however, that the RIAA massacred Ms. Thomas-Rasset, or more accurately put her into perpetual, lifetime servitude.

Full post as published by Groklaw on July 17, 2009 (boomark / email).