Apple one of the big fish in market, has lost the battle against Mac clone. A federal judge has ordered that Psystar can continue its countersuit against Apple.
He also made it clear that if Psystar proves its allegations, other may also free to sell computer with Mac OSX already installed.
Alsup had tossed Psystar’s antitrust charges in November 2008, but left the door open to a modified complaint. Psystar took advantage of the opportunity, and filed a revised lawsuit in mid-December.
Apple, however, had hoped to quash Psystar’s revision, saying that the Florida company “attempts to repackage its dismissed antitrust allegations under the guise of copyright misuse.”
On Friday, Alsup said that Psystar could continue to press its once-dismissed case. “Psystar may well have a legitimate interest in establishing misuse [of copyright] independent of Apple’s claims against it—for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop,” Alsup said in his ruling.
Apple had gone to the court door in July and charged on the Psystar that they have broken copyright and software-licensing laws by selling Intel-based computers with Mac OS X 10.5 preinstalled.