Judge throws out Psystar's countersuit against Apple

— 9:39 AM on November 19, 2008

That didn't take long. According to Dow Jones, a judge has dismissed Psystar's countersuit against Apple. After catching the ire of Apple's legal department, the unlicensed Mac clone maker had attempted to countersue Apple on grounds that its Mac OS X tie-in represents "anticompetitive restrain of trade."

District Judge William Alsup had none of that. Dow Jones says he wrote in his 16-page decision that Apple's products "don't constitute a market to dominate" and "as a consequence, Apple then can't be considered a monopolist."

The ruling leaves Apple's orignal lawsuit intact, but it probably isn't going to help Psystar any. Apple filed its lawsuit in July, alleging that the small, Miami-based firm violated trademarks, broke license agreements, and diluted the Apple brand. Psystar continues to sell its white-box "Open" computers with Mac OS X 10.5 pre-installed to this day. Last we checked, Psystar was using software from the (public) OSx86 project to get OS X running without Apple's special sauce. (Thanks to TR reader ssidbroadcast for the tip.)

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