Apple accuses Psystar of destroying evidence

By Jake Widman
Saturday, 15 August 2009 03:12

Strategy

In its latest move in its suit against the Mac clone maker, Apple has alleged that Psystar destroyed evidence it was legally required to preserve.

Apple has been in court with Psystar for more than a year now.

The allegation comes in a letter brief filed with the U.S. District Court in San Francisco.

The heavily redacted letter opens, "Defendant, Psystar Corporation, has destroyed relevant evidence that it was legally required to preserve. Specifically, Psystar has overwritten -- i.e., erased -- infringing versions of the software code used on computers sold to its customers."

The erasures came to light during Apple's deposition of Psystar cofounder Roberto Pedraza.

Apple maintains that by erasing previous versions of its source code, Psystar willfully engaged in spoliation, or the destruction of evidence that Apple had requested it produce.

The response of the court, if it finds that Psystar did destroy evidence, could take many forms.

For possible actions, see Page 2.