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Apple still wants to get Psystar into court

Mac maker is asking a judge to change the stay on proceedings and require Psystar to show up in court this fall, despite the latter's bankruptcy filing.

Apple is not giving up on its desire to get Psystar into a courtoom.

Apple filed a motion on June 5 asking the court to modify a stay of proceedings and to compel Mac clone-maker Psystar to show up in court in November as previously scheduled.

Psystar got an automatic stay of proceedings when it filed for bankruptcy in May, but Apple doesn't think the company should be able to use the bankruptcy laws to do so.

Apple points out in the court documents that Psystar filed for bankruptcy in May, after a motion was granted compelling Psystar to give Apple additional documents. The bankruptcy filing also came just before a scheduled deposition from Psystar.

At the heart of Apple's new motion is that despite Psystar's bankruptcy, the company is still in business and continues to sell its computers with Mac OS X pre-installed. The latter is what prompted Apple to file a copyright infringement lawsuit in the first place.

It's clear from the court documents that Apple is looking for a judgment in the case, not monetary damages. The company said in the filing that it understands that it can't collect against Psystar except through bankruptcy proceedings.

Psystar is just one of the clone companies Apple has to contend with. RussianMac and PearC have also started selling Mac clones in Russia and Germany, respectively.

One of the biggest Mac clone stories to come along in recent months is Quo Computer, a California-based company that has opened a retail store in Los Angeles.