Which then raises the question, if it was so open & shut as suggested so often on here, why has Apple not stopped them already? Surely they would have had a court in place to prevent Psystar from selling anything with OSX on it or included in the packaging?
A good question. The answer is: Psystar can thank the US court system. A quote from the court filings:
CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 6/26/2009. Jury Trial set for 11/9/2009 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Motions due by 8/20/2009. Pretrial Conference set for 10/26/2009 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 11/7/2008. (whasec, COURT STAFF) (Filed on 11/7/2008)
So in the middle of July 2008, Judge Alsup set the date for a jury trial to November 2009. "Discovery", that is the phase where both parties can ask the other side for any relevant information and evidence, was supposed to end on June 26th, about six weeks from now.
However, during discovery, Apple ran into a slight problem: Psystar claims that the information Apple asks for does not exist. Like bank statements. Invoices. Invoices for MacOS X boxes. Sales information. When Apple took a deposition from Psystar's CEO (Psystar was asked to send someone who would know about their business and sent their CEO), a total of 90 questions were answered with "I don't know". So they went to the court, and the judge decided that "the dog ate my homework" is not an acceptable excuse for Psystar, so they have up to May 18th at noon to supply all the information Apple asked for. If the information is not available to Apple by then, Apple will have the right to take depositions past the June 26th deadline.