Psystar’s best shot at defending itself from Apple’s attempt to shut them down has gone up in smoke. According to Apple Insider, a judge has granted a motion from Apple to dismiss claims from Psystar that they are a monopoly:
In theory, Judge Alsup said it may be possible that, in rare and unforeseen circumstances, a relevant market may consist of only one brand of a product, but added that Psystar’s pleadings “fail to allege facts plausibly supporting the counterintuitive claim that Apple’s operating system is so unique that it suffers no actual or potential competitors.”
Judge Alsup added that Psystar’s pleading as a whole do not prove the Mac OS is an independent, single-product market, but instead work against the clone maker in providing several pieces of evidence to the contrary.
“The counterclaim itself explains that Mac OS performs the same functions as other operating systems,” he wrote. “The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition.”
So, does this development mean that Apple via their iLawyers are set to head to an easy victory in court? Does this mean that Psystar is doomed?
Tune in next time. Same Bat time. Same Bat Channel.