Apple and Psystar Go to Mediation

Apple and Mac clone maker Psystar have apparently been forced into mediation talks by the judge in the case...but that doesn't mean it won't go to court.

According to filing unearthed by The Mac Observer, Apple and would-be Mac OS clone maker Psystar have been forced into mediation talks by the judge handling the parties suits against each other. Apple has sued Psystar alleging copyright infringement for putting Mac OS X on non-Apple hardware, along with claims of trademark infringement and unfair competition. For its part Psystar sued Apple, claiming the Mac maker engages in unfair competition and violates antitrust law by not allowing others to ship Mac OS X on third-party hardware.

Now, the companies have both agreed to participate in Alternative Dispute Resolution proceedings before the judge will let the matter go to trial. If the two parties can’t work out an agreement or settlement, the judge can decide to move them along to trial, but if the just feels one of the parties is being unreasonable—or, really, for any reason at all—the court can continue to require the parties to keep talking.

Mediation talks are scheduled to begin January 31, 2009.

If Psystar emerges victorious from either the talks or a court battle, it will likely mean open season for computer makers looking to build their own Macs and undercut Apple’s famously high margins on hardware. Psystar is seeking to have Apple’s end user license agreement for Mac OS X declared invalid, but—should it win—could even go after Apple for damages.

Industry watchers currently mark Psystar’s chances of victory as slim: in addition to having to face down Apple’s well-honed legal team and deep cash reserves, the company’s claims that Apple is guilty of antitrust violations are difficult to fathom, given that Apple is still very much a minority player in the U.S. (and global) PC market.