In a joint filing made by both Apple and Psystar, the two companies agreed to a litany of stipulations for the handling of evidence that is deemed sensitive, a protected trade secret, or otherwise "confidential." The agreement also covers how code can and can't be reviewed.

The 18-page protective order defines two classes of "protected material" covered by the order. "Confidential" material covers anything that falls under Rule 26(c) of the Federal Rules of Civil Procedure, which allows for protection of sensitive information. Further, anything information that "would affect its competitive position, security interests, intellectual properties, or technological developments in an adverse manner" can be designated "Confidential — Attorney's Eyes Only."

Information marked "Confidential" may be disclosed to outside attorneys and no more than two additional full-time employees selected by each party. Information marked "Attorney's Eyes Only" may only be disclosed to the Counsel of Record for each party. The materials may also be accessed by court personnel, jurors, and certain experts and witnesses that have agreed to be bound by the terms of the protective order.

Additionally, the order stipulates that any software code that must be reviewed can only be done on a designated computer that is not connected to the Internet. Further, printouts of any code will only be done when absolutely necessary, and all printouts are to be marked "Confidential" and covered by the stipulations of the protective order.

The order also stipulates that any court documents that will be publicly filed either have confidential material redacted or removed, or have permission of the necessary parties to include the information. Additionally, any materials handed over during discovery marked "Confidential" will be returned at the end of the trial, any copies destroyed, and anything entered into evidence in court sealed.

Of course, the protective order is designed to protect trade secrets and other sensitive information from public purview. So if you thought you were going to be able to find out Apple's s00pr sekrit Mac OS X code or something by digging through court documents, you'll be sorely disappointed. But, you can expect the discovery process to begin in earnest once Judge Alsup rules on the motion for protective order.

All the legal wrangling began last July when Apple sued Psystar for selling unlicensed Mac clones. Psystar and Apple argued several motions regarding Psystar's countersuit, which were finally cleared up last week. Trial still won't begin until November, so the outcome of the lawsuit between Apple and Psystar is still a long way off.

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