Psystar and Apple Tell the Appeals Court Why Mediation Wouldn't Work Out

 
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Old 01-27-2010
Psystar and Apple Tell the Appeals Court Why Mediation Wouldn't Work Out

It isn't hard to see why mediation wouldn't work for the parties in the Apple v. Psystar litigation, just by reading what each has filed with the US Court of Appeals for the Ninth Circuit in a form called the Mediation Questionnaire:
01/22/2010 - 3 - Filed (ECF) Appellee Apple Inc. Mediation Questionnaire. Date of service: 01/22/2010. [7205615] (JGG)

01/24/2010 - 4 - Filed (ECF) Appellant Psystar Corporation Mediation Questionnaire. Date of service: 01/22/2010. [7205736] (KDC)

The form is a mediation form that they have to fill out within a week of a filing for appeal, telling the court about the case, so their mediation service can figure out what the issues are, or in this case, why mediation would be a wasted effort.
It's a total he said/she said thing. Here's the only thing they agree about: "Both Psystar and Apple agree that this case is not suitable for mediation." But this form is of real interest, in that it gives us our first real indication of what Psystar's appeal is going to be about. It has filed a notice of appeal, but it won't file its brief until May. So this is our first substantive clue.

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SubmitDiagInfo(8)					    BSD System Manager's Manual 					 SubmitDiagInfo(8)

NAME
SubmitDiagInfo -- sends diagnostic information to Apple SYNOPSIS
SubmitDiagInfo DESCRIPTION
SubmitDiagInfo is a system process which runs periodically. If the user has opted-in for automatic reporting of diagnostic and usage infor- mation, then SubmitDiagInfo collects and sends to Apple any recent diagnostic information which has not yet been sent to Apple. SubmitDiagInfo also cleans up any diagnostic and usage information which was created more than one month ago and is no longer needed. Sending diagnostic and usage reports to Apple helps us improve the quality and performance of our products and services. It helps Apple identify common usage trends and issues that enable us to allocate our resources efficiently, and it helps us provide better support services to you and other customers. All of the diagnostic and usage information is collected anonymously from your computer in a way that does not personally identify you. Reports may include the following information: - Details about application or system crashes, freezes, or kernel panics. - Information about events on your computer (e.g. whether a certain function, such as waking your computer was successful or not). - Usage information (e.g. data about how Apple and third party software, hardware and services are being used). Automatic reporting of diagnostic information is off by default and no information is sent to Apple unless a user has opted-in to automatic collection of diagnostic information. A user is offered the opportunity to opt-in for automatic collection of additional diagnostic and usage information after the user has manually sent a crash, hang or panic report to Apple. Users may at any time opt in or out of automatic reporting in the Security & Privacy pane of the System Preferences application under the "Privacy" tab. All diagnostic and usage information which is eligible for automatic reporting is visible in the Console application under the "DIAGNOSTIC AND USAGE INFORMATION" heading in the application's sidebar. (The information appears here even if a user has not yet opted-in for automatic reporting.) For security purposes, some system diagnostic information will only be visible to admin users and will only be submitted when an admin user is logged in. Users who need technical support should use http://www.apple.com/support or other authorized support channels. Developers who are ADC mem- bers should submit bug reports using http://bugreporter.apple.com in order to allow for two way communication between Apple and the bug reporter. SEE ALSO
ReportCrash(8) DumpPanic(8) diagnostics_agent(8) Mac OS May 31, 2019 Mac OS