So if I understand the premise of this lawsuit correctly, you're claiming that Apple lied to you when they advertised the first gen Mac Pro as a 64 bit machine.
The problem with this premise is that there was no lie. The Mac Pro is a 64 bit machine that is fully capable of running 64 bit OS's. 64 bit Linux and 64 bit Windows 7 are both running on my Mac Pro. OS X 10.6 and 10.7 are 64 bit as well, I just have to run a 32 bit kernel due to the EFI limitation on my machine. I can still access the full theoretical amount of RAM that any other "fully" 64 bit machine can, and I can run 64 bit applications.
Another part of the premise here is that Apple has said that the reason our machines cannot upgrade to Mountain Lion is because they are not fully 64 bit. Please show me where Apple said that. I've heard that statement from several sources, but Apple is not one of them. Our machines cannot be upgraded due to
hardware compatibility. It's as simple as that.
- The original video cards shipped with the 1,1 have no drivers in 10.8, and are not up to the task of running it in any event.
- Our 32 bit EFI cannot boot a 64 bit kernel (without hacks) and 10.8 no longer includes a 32 bit kernel.
Come to think of it, the G5 Power Macs were advertised as 64 bit machines as well. They stamped it on those boxes too. Are G5 owners expecting to install Mountain Lion? Of course not, because of
hardware compatibility.
Let's be realistic. The Mac Pro 1,1 is 6 years old, and was discontinued by Apple quite a while back. Mine came with Tiger installed. I went from Tiger to Leopard to Snow Leopard and then to Lion. I intend to continue to use my first gen Mac Pro for quite a while yet. The lack of an upgrade to Mountain Lion will not affect me for some time.
In my opinion your lawsuit will do nothing but waste the court's and the taxpayers' time and money.
Flame away.