Does Psystar have a chance against Apple? A few months ago I would have said no, but now I'm not too sure.
Back in April of last year a small company based in Florida called Psystar attracted a lot of attention to itself by selling PCs with the Mac OS installed on them. Now, ten months later, Psystar continues to sell these Mac clones and has filed an amended counterclaim with the California Northern District Court.
This amendment to the original counterclaim alleges that Apple is misusing the DMCAand that the EULA that Apple uses is unenforceable. And these claims have far more substance to them than the usual howling at the moon sorts of nonsense lawsuits that I normally come across. In this amendment Psystar's legal eagles have removed all the wild antitrust claims (which I think were just distracting from the main issues at hand) and trimmed the argument down to the core facts.
Back when Apple first filed suit against Psystar I expected the crack legal team that was hired by the Cupertino giant to pound the small OEM into the ground. However, thanks to having hired a very good law team, Psystar now seem to be in with a chance and could see role of both the EULA and DMCA being seriously questioned. A win for Psystar would not only have repercussions for Apple, but also other companies who use the DMCA and EULA as a shield.
However, win or lose, I don't think the outcome of this lawsuit will be good for Psystar. Win, and the floodgates are opened for other OEMs to start selling Mac clones. Lose, and all that will be left of Psystar will be a smoking crater. The flipside is that a win for Apple would likely keep other clone-makers at bay. If Apple loses, Mac clones could put a significant dent it its bottom line.