The last we heard of the ongoing Apple/Psystar legal battle, the former had succeeded in having the latter’s initial counterclaim thrown out, while Psystar were accusing Apple of not properly copyrighting OS X in the first place. It wasn’t looking too hot for the Mac-clone maker; however much to Apple’s presumed chagrin, a federal judge has now ruled that Psystar may continue to push its freshly-amended countersuit and even hinted that, if the company can prove its allegations, other companies may be free to sell non-Apple hardware running OS X.
“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 … Moreover, if established, misuse would bar enforcement (for the period of misuse) not only as to defendants who are actually party to the challenged license but also as to potential defendants not themselves injured by the misuse who may have similar interests” Judge William Alsup
Psystar are now claiming that Apple has “stretched” copyright laws; if it is able to prove this, Alsup has suggested that some of Apple’s own claims regarding the clone company’s supposed copyright infringements may be unfounded. Apple has not yet revealed the “John Does 1 through 10”, the companies which it believes are behind the Psystar case, saying it will release the names once it has uncovered them.
Judge Alsup did dismiss Psystar’s attempt to include state unfair competition charges in their counterclaim, however, together with acknowledge Apple’s right to decide how Mac OS X is licenced and used. The case is scheduled to go to trial on November 9th; Psystar has one week to submit its counterclaims, following which Apple has 20 days to respond.