By now you should all be familiar with Apple’s trial against Apple. And it looks like we have news from the front. Psystar has managed to both win and loose a little against Apple. An 8-page order filed last week gives Psystar the consent to answer Apple’s suit by using copyright misuse in the defense.

Psystar tried to use anti-trust violations which judge William Alsup rejected. Then it said that Apple “wrongfully extended the scope of its Mac OS copyright” through that End User License Agreement which will force users to install the software only on Apple machines. Psystar’s 17-page filing has received quite well by the judge. Here’s what the judge said about copyright misuse:

This order is unconvinced, however, that misuse may never be asserted as a counterclaim for declaratory relief. Psystar may well have a legitimate interest in establishing misuse independent of Apple’s claim 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.

While Apple contested Psystar’s last claim, the judge was favorable to it, but not entirely:

[Psystar] fails to explain, however, how this conduct constitutes harm to competition or a violation of the spirit of the antitrust laws. [Tying copyrights to computer hardware] requires monopolization. Psystar has identified none.

Well Psystar might defend itself against Apple but it can’t seem to prove Apple did anything wrong with its OS. The trial date has been established. That’s November 9, which is a long way to go from now. I wonder how many Psystar systems will be sold in the mean time.

via AppleInsider