Yesterday, Judge William Alsup, United States District Judge for the Northern District of California, dealt Psystar a crushing blow in its ongoing litigation with Apple over whether or not Psystar could market and sell non-Apple computers running modified copies of Apple's operating system. If you're not familiar with the circus case, I refer you to, well...grab a coffee and click here. The two companies, embroiled in litigation since early last year, recently completed pre-trial discovery and each filed cross motions for summary judgment.

Judge Alsup put the ultimate hurt on Psystar when it granted Apple's motion for summary judgment and denied Psystar's motion for the same. In a sweeping order (courtesy Groklaw), the court agreed with Apple's take on the case and dismissed all of Psystar's defenses, both on the merits and for having waived and failed to properly plead.

The end result was a dramatic and startling court order in an ongoing series of dramatic legal squabbles between the two companies. And at least one of Psystar's attorneys saw this coming. The litigation doesn't end here; various issues still remain for trial such as breach of contract and trademark infringement, but Psystar has been gutted. The court is clearly unsympathetic to Psystar's core position and while damages on the copyright issues falling in Apple's favor in the order have not been ruled upon, it would probably behoove Psystar to start looking under the couch cushions for spare change.

A hearing is scheduled for December 14 on the remaining issues and for damages.

Read on for a more detailed analysis of the court's order....

This is the kind of thing that probably should have been done a long time ago, but Macworld is reporting that Apple has launched iTunes Preview, a page that appears when you click an iTunes link (like this one) and your browser sends you over to iTunes. Previously, you just got that placeholder page that said "One Moment Please" and asked if you wanted to open the link in an external application, but with iTunes Preview, you get a nicely laid out page with information and reviews (and your browser still opens up the iTunes store).

Currently it only seems to work with music -- movies and television only get a small thumbnail, and applications get the same old gray page. But that'll probably change before long -- it's much smoother to see what you're clicking through to, and of course there's the added bonus for people who don't actually have iTunes installed. As MacWorld points out, there are actually no "preview" buttons on the page -- you can't listen to music there, only click through to the iTunes store. But like I said, it's better than a blank window and a browser popup asking for your permission. I wouldn't be surprised at all to see this grow a lot more in the future.

Say what you will about Psystar, the community that continues to sell computers running OS X, despite bankruptcy, constant legal problems with Apple, and a case so slim even their own legal team gave up. Sure, they're out of reason, out of room, and way out of line, but at least they've got plenty of cojones, as the locals say.

Why else would they say the things they do in this Miami Times article? Our friends at Engadget lay out just what's wrong with that piece, from Robert and Rudy's Pedraza's claims that they "cracked the code" behind OS X, to the suggestions and hints that what they're doing just might not be a contract violation. Whether or not Apple's EULA is enforceable is, of course, one of the arguments at issue in Psystar's case, even though plenty of shrinkwrap licenses have been upheld in court before. Apple's also got a copyright infringement claim against Psystar; this will be one of the topics at today's summary judgement hearing in California.

But the kicker in all this is the statement that Rudy Pedraza makes about the famed Hackintosh scene -- a community of people who persist in running OS X on hardware and devices that it wasn't supposed to run on (not nearly as much of a problem to Apple, as they don't sell the capability like Psystar does, but still not technically allowed by the license agreement). Surely, you might think, this is where the Pedrazas could find friends; surely, despite all of the commotion they're causing, this is the place where they could find a kind ear and a helping hand. Nope. From the article: "The first thing you have to do is unlearn everything you've read online about how to make this work," Rudy says, "because it's all wrong."

Nice. Way to alienate the one group, the one community that might still support your cause. I wish Psystar the best of luck -- not, mind you, because I need to buy or run any of their machines (I buy Apple because I appreciate both the hardware and the software), but just because their story continues to be so darn entertaining.

Our friends at Cult of Mac commented on the possibility, floated on CNBC, that Apple will eventually overthrow Microsoft as the most valuable company in the technological world. If you think about it, Apple's stock was worth an unstable $25 dollars a share at this time 10 years ago -- today, it's worth $202 a share and shows no signs of decline. CNBC reports that Microsoft isn't really growing, but Apple continues to gain value and market share every day. From that, you could logically deduce that Apple will surpass Microsoft... but there are still a few points to make.

Apple has a long way to go before they're really ahead of Microsoft by most metrics. I suppose it's possible that the company's worth could surpass Microsoft within the 2 years that CNBC predicts, but as far as actual market share... I hope not. Here's why:

If Apple grows that quickly, we're going to see the effects of gravity bring them back down a bit. That kind of growth would be great for the brand but not necessarily the customer. We're already seeing record highs at the Genius Bars and not enough experienced staff to handle the demand. Calling AppleCare is usually a chore, not a pleasure.

Then again, any tech support call isn't fun, but long wait times make it even more frustrating. Using the example of Microsoft, getting too big too fast degrades your ability to offer quality service. It doesn't mean that their products are horrible, it means that you have to bring in more people to fill the gap -- people who aren't necessarily the most qualified to help. Will this sort of thing happen with Apple? I hope not. If their growth continues at its current rate, they better have a very good plan to avoid the Microsoft effect.

In my opinion, Apple does well as the underdog: they constantly have to adapt to the changing markets and make themselves more appealing than the competitor. If you look at Apple's top-dog aspects (iPod and iPhone), we begin to see things that aren't so awesome: the lack of a subscription service, the restrictive iPhone platform, not to mention the App Store approval process. In some ways, they get to the top of the mountain and then stop trying. Apple doesn't figure out where to go after they reach the summit, they simply find a different mountain and start climbing. They spent a couple years with the iPod, then a couple years with the iPhone... now we're gonna be seeing a couple years of the iTablet (or iSlate or iPad, you get the point).

If I'm not mistaken, it's really been a while since they've done anything innovative with the computer. Sure, the iTablet could bring innovation, but that's another mountain -- as were the iPod and iPhone. I'd love to see the company get back to the personal computer and do something that would change how we look at Apple. When I mention Apple at the moment, I hear the response, "Oh, they make the iPhone, right?" 4 years ago, that was the iPod. Soon enough, it will be a new piece of sexy hardware that Jonathan Ive designed.

Maybe two mountains will collide with the iTablet. Maybe it will really be the computer innovation that we've been missing. Maybe it will put Apple ahead of Microsoft in value, but let's hope that the Apple brand continues its reputation for great products, service and innovation.

Talk about burying the lead -- Shufflegazine did a piece on Nvidia CEO Jen-Hsun Hwang during a visit to Dubai recently, in which he talks about how much he and his family love their Macs, and Apple's machines add value, and in his house it's just "Mac, Mac, Mac," and OH MY GOD, what is that SITTING ON THE TABLE in front of him? OK, it's probably not definitely not an Apple tablet (yet), as there's no clear Apple logo on it, but man that's a nice looking tablet device, and even Engadget says they have no idea what it is.

The thing is, this picture just appeared with Shufflegazine's piece, and while Hwang did go on and on about how much he loves Apple stuff (and yes, the two companies have a long history of sharing some hardware), there's not word one about that tablet or anything like it in the piece, no hint of any other hardware or partnership announcement. It could be a prototype, it could be another tablet we're just not recognizing, or yes, Hwang could have just thrown it down on the table during the interview, and Shufflegazine could have just completely missed it. [They didn't. -Ed.]

Though if that last one is true, we have no idea how it happened. How do you cover Apple and their gadgets and avoid being drawn to that tablet. It's so... thin and well-designed. We'll be honest, if we were in the room, we might have licked it then and there to claim it as our own.

Thanks to Nemanja for the tip.

Jesus Diaz over at Gizmodo had a fascinating exposé in a post late last week that provided a look into some of the thinking of Steve Jobs back in 1997. As Diaz relates, Oracle CEO Larry Ellison and his friend Steve Jobs were on a beach in Hawaii in '97 when Ellison, under the influence of a few margaritas, floated the idea of buying Apple to bring Jobs back into power at the company he had co-founded with Steve Wozniak.

Jobs declined, although Ellison had funding all lined up to allow The Steve to make a hostile takeover of the company. He told Ellison that a takeover would make people think he was greedy, just wanting to make money out of Apple. Ellison later stated that "He (Jobs) explained to me that with the moral high ground, he thought he could make decisions more easily and more gracefully."

Diaz went on to conjecture that it was more than decision-making that went into Steve's refusal to push his way back into power; it was love. As Diaz notes,

"Steve wanted to be wanted. He knew he was loved by the public and the press. After all, everyone likes the story of a legend coming back-to see him succeed or, better yet for Hollywood drama, fail. More importantly, the company was his company. He didn't have to buy it! That was absolutely preposterous, he probably thought at the time. He knew he was going to return as King once again, acclaimed by his troops and his people, so why spend any money?"

Since his return to Apple, Steve Jobs has, of course, brought the company from the brink of extinction into profitability and recognition. Whether or not he would have been equally successful as a result of a hostile takeover is a great plot for an alternative universe sci-fi novel, but it adds a lot to the legend of Steve Jobs to know that he was able to regain control of the company through a combination of connections, persuasion, and his love for his company.

The rest is history. As Ellison stated in an interview in Fortune, "The difference between me and Steve is that I'm willing to live with the best the world can provide-with Steve that's not always good enough." That difference explains why Apple continues to amaze us with their products, why Steve Jobs is so important to the company, and why Jobs was the hands-down choice for Fortune's CEO of the Decade.

[via Digg]

Apple, being the innovative corporation that it is, applies for patents many times per year. While many of these items may never make it to market, the company is proactive in making sure that possible patents are filed as soon as possible in order to protect the intellectual property that's been developed.

One such filing from last year describes a fascinating cloud-based, cross-platform sync service referred to as "Grab & Go." The filing showed up earlier this week and demonstrates how synchronization of data over multiple devices could be simplified. Grab & Go creates pre-defined data sets with categories like family, entertainment, or business that a user could literally "grab" and move to a device. The patent document shows how sharing files between devices (whether the device is a smartphone, computer, tablet, or even a game console) could be made easier.

The software is flexible enough to adapt to different connection types (Bluetooth, Wi-Fi, Ethernet, to name a few) and can provide different levels of encryption and security. The filing even discusses a possible requirement of having two or more devices within a certain distance of each other in order for synchronization to begin.

If you're up for a long, but interesting read over the weekend, head on over to the US Patent & Trademark Office and check out the details of Grab & Go. It could be a foretaste of things to come, or just another long legal document.

[via AppleInsider and Engadget]

As a guy who likes shopping online, but who still appreciates the act of going into a retail store for big purchases, I love this news. Apple has introduced a "Reserve and Pick-up" service for the holiday season.

The name is a little unwieldy, but it gets the point across. You go onto the Apple web site to find what you want, click to reserve the product at a nearby Apple Store, and then go to the store and pick up the goods while you're doing your holiday shopping between December 15 to 24.

For many folks, this might seem awkward -- why not just buy the product online and get it shipped, or just go to the store and buy it? For guys like me, it's perfect -- all of the convenience of choosing a product online, with the added bonus of being able to check out the retail store during the holidays.

iLounge notes that there's no AppleTV on the list, so if you were planning to pick one up as a gift, you'll have to go a more traditional route. There's also no way to actually reserve an iPhone. Instead, you're told to get an iPhone gift card to give to some lucky recipient. Nevertheless, I like the idea of reserve and pick-up, an interesting mix of online shopping and in-store purchasing for the holiday season. It's Apple take-out.

If you're tired of dropped calls and dead zones, and pondering the merits of turning in your iPhone for a DROID... hold on there, champ. AppleInsider says it's received a copy of a report by OTR Global, claiming that Apple has signed contracts to produce a UMTS / CDMA hybrid iPhone to be released in the third quarter of 2010.

The hybrid handset, built around a dual-system chip from Qualcomm, would allow the iPhone to run on virtually any GSM/UTMS cellular network worldwide -- and also on the CDMA2000 networks of US carriers like Verizon and Sprint. In particular, Verizon is cited in the report as the target carrier for the new devices.

The report states that Foxconn, the Taiwan-based sole-source provider of iPhone hardware at this time, will not build the new device. Instead, a subsidiary of Asustek known as Pegatron has been selected to kick off manufacturing. It's also rumored that the hybrid device uses a 2.8" screen, making the handset smaller than the current model which uses a 3.5" display.

Photos of the smaller display were first featured on iLounge in June of 2008 (see photo at right), sparking widespread rumors at the time that an "iPhone nano" was on the way. Over a year later, neither the smaller iPhone nor a Verizon model are available. However, if the leaked report is any indication, 2010 could be yet another year of incredible growth for the iPhone economy.

Here's a few interesting stats from a survey recently conducted in Europe. These aren't specifically about the iPhone, but given that smartphones relied on buttons almost exclusively before Apple's handheld came along (and nowadays, everyone's bragging about their touchscreen technology), a temperature-taking on what people think of touchscreen controls is more or less a referendum on what people think of Apple's influence.

At least in France, Germany and the UK, reactions are mixed. While 38% of those surveyed say they were planning to get a touchscreen on their next mobile phone, only 47% of people who already owned a touchscreen said they would get another one. In other words, less than half of touchscreen owners thought they'd stick with the technology on their next purchase. Apple remains an anomaly -- both HTC and Apple have a higher amount of current customers planning to stick with their touchscreen interface (with the full numbers being released at a conference later this month), but the fact remains: current touchscreen users aren't anywhere near 100% on living button-free forever.

Especially as a gamer, that makes a lot of sense. Touchscreens are great for a lot of things -- they allow for limitless flexibility in the kinds of interfaces on offer, and especially with multi-touch, a lot of the controls on the iPhone are extremely intuitive (you automatically know now that pinching equals zooming, and so on). But as nice as touchscreen is, there are a lot of functions on mobile phones, from adjusting volume or changing music tracks on a phone out of sight in your pocket, to hitting exact button controls while twitch gaming, that work much better with tactile feedback. Steve, as he always does, made a big deal about the iPhone being a one-button interface, but I wouldn't be surprised at all to see future iterations of the iPhone include either a few more buttons, or, even better, a few more haptic interface technologies.

The lack of Flash of the iPhone has been an issue, complaint and breaking point for many current (and potential) iPhone users. It seems that Adobe is just as fed up as the rest of us and has started to more publicly blame Apple for the lack of this technology.

When a website requires a Flash plugin, it provides a link to a "Get Flash" page. From here and on most devices, you can download the appropriate version of Flash and be up and running in a few minutes. In the past, iPhone users have been greeted with a message that basically states that Flash is not available for their device.

A recent change, pointed out by GearDiary, shows Adobe getting a bit more snippy with Apple. The updated page now states that:

"Apple restricts use of technologies required by products like Flash Player. Until Apple eliminates these restrictions, Adobe cannot provide Flash Player for the iPhone or iPod Touch."

While this may not be "breaking news," it does say a number of things. For one, Adobe is clearly able to develop Flash for the iPhone and obviously wants to introduce it on the iPhone and iPod touch. This also shows that Adobe is very in tune of all the complaints and has redirected the blame to Apple.

Apple is already the huge name in the music business with the iTunes Store, and they've made continual inroads into the application, video, and movie markets as well. But what if Apple also became the content provider of choice for TV?

That idea isn't that far-fetched, according to a blog post by Peter Kafka at the Wall Street Journal's All Things Digital. Kafka reports that Apple has been pitching the concept of $30 monthly TV subscriptions through iTunes to TV networks.

You'll note that I said iTunes. That's the interesting point here -- Apple isn't pushing sending content to a particular device, like the Apple TV that Kafka refers to as "underwhelming" (sounds familiar, doesn't it?) or the fabled Apple tablet / slate / whatever. Instead, the service would be available immediately to the more 100 million iTunes account holders that Apple had as of a year ago. Have a Mac? You're a potential customer. Have a PC? Ditto.

There's only one fly in the ointment -- will broadcast and cable programmers buy into this? Kafka thinks the first content provider to jump would be Disney, which of course counts Steve Jobs as its largest shareholder. Cable companies might not like the loss of their usually overpriced monthly packages to an upstart, or having their bandwidth chewed up by hordes of people streaming HD video. And there's always the question of whether current cable TV subscribers would make the jump to streaming content.

Kafka ends his post with a quote from an unnamed TV executive, who says of Apple's subscription plan "I think they might get it right this time." What's your take, TUAW readers? Do you think the world is ready to purchase all of its video content from Apple? Leave your comments below.

Update: As our loyal commenters have pointed out, Gizmodo (which was among the first sites to report that Clow was changing roles, echoing a piece in the industry journal Advertising Age) has followed up with an internal email from Clow where he says Miller's promotion does not imply that Clow is stepping away from his own leadership role with the company, including "keeping an eye on Apple."

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When many people think of Apple, they think of the ad campaigns that the company has used over the years:

• The original "1984" Super Bowl ad that introduced the Mac to the world
• The "Think Different" campaign that coincided with the return of Steve Jobs to the company
• The iPod dancing silhouettes
• "There's an app for that" -- the iPhone ads
• "Hello, I'm a Mac. And I'm a PC." -- the Get A Mac ads

Apple's advertising agency is TBWA / Media Arts Lab, and the person who has been the creative force behind all of these ads is a man by the name of Lee Clow. The 66 year-old Clow has decided to step down as chief creative officer at the agency, although he'll remain chairman and global director of Media Arts Lab and fulfill other roles within TBWA.

Clow's replacement is no stranger to Apple. Duncan Milner is currently the executive creative director on the Apple account and is considered by many in the advertising industry to be the perfect replacement for Clow, a close friend of Steve Jobs.

As the holiday season brings additional shoppers to Apple's retail stores, they'll be making changes to ensure a pleasant experience for the new customers, ifoAppleStore reports.

First, they're going to ditch the color-coded Starfleet uniform T-shirts, which shoppers have found confusing. Instead, all employees will wear the same color. Next, the handheld checkout devices will be swapped out for specially-equipped iPod touches. A new scanner accessory will interact with point-of-sale software on the iPods. Best of all, employees will be able to accept cash from customers right where the stand, eliminating the often time-consuming walk to the cash register.

Watch for these changes at an Apple Store near you.

TechCrunch has posted pictures of what they're calling an "unlaunched Apple tablet." In 1990, as the story goes, Apple was supposedly working on a pen-based touchscreen tablet called the Pen Mac that was actually extremely small for the time -- just about an inch thick, with a screen the same size as a Mac Portable. They were bringing a few different companies in on the deal, and apparently it worked well -- ran a full Mac OS, used a pen to control or let you plug in a mouse and keyboard, and there was even a smaller version called the PenLite (bulky by today's standards, but remember that this is 20 years ago now).

So why weren't we all using tablet computers 20 years ago? TechCrunch blames John Sculley, who apparently thought the tablet idea was out, and the PDA idea was in, and we ended up with the Newton instead. I won't second guess him -- while it's easy to think that anything could have beaten the Newton, would the current Apple touchscreen tablet craze even be here if it weren't for the iPhone? And isn't Apple's smartphone just a hop, skip and a jump from their original PDA?