Apple's 'private' route to resolve 'Mac clone' dispute

Apple and Psystar have agreed to pursue a mediated settlement to their legal dispute over Psystar's Open Computers.

The Mac Observer turned up a court filing from earlier this month in the Apple-Psystar case noting that the two parties have agreed to participate in the Alternative Dispute Resolution (ADR) process. Apple sued Psystar earlier this year for copyright infringement after Psystar began selling low-cost Open Computers with Mac OS X preinstalled. Psystar then countersued Apple on antitrust grounds.

ADR is a way to bypass the costly legal process as well as keep the outcome private, which is one of Apple's favourite words. The document can be downloaded from the US District Court of Northern California's website, and it says Apple and Psystar have agreed to three portions of the ADR process: non-binding arbitration, early neutral evaluation, and mediation. The parties have agreed to hold their sessions by 31 January 2009.

It's not exactly clear what Apple and Psystar are thinking with the decision to choose this path. If Apple loses the case, and Psystar is allowed to continue selling Mac OS-based Open Computers, it won't really matter if the outcome is kept private, since the availability of Open Computers will tell the tale.

Psystar has never appeared to have a lot of resources to use on its behalf, despite hiring a big-time Silicon Valley law firm to represent it against Apple. So it might be interested in a cheaper method of resolving the dispute, especially if Apple has the upper hand.

And Apple may very well not want to concede in a public courtroom that Psystar has a chance of proving its antitrust claim that the relevant market for this case is Mac OS computers, rather than just personal computers in general. That could hurt Apple in other antitrust cases it's facing regarding iTunes and the iPhone.

Original article: Apple, Psystar agree to dispute resolution process from CNET News.com