Psystar has decided to sue Apple again. According to ComputerWorld, they are arguing the following in front of a Federal Judge:
“By tying its operating system to Apple-branded hardware, Apple restrains trade in personal computers that run Mac OS X, collects monopoly rents on its Macintoshes, and monopolizes the market for ‘premium computers,'” said Psystar’s lawsuit, filed last Wednesday. “Apple’s share of revenue in the market for premium computers — computers priced at over $1,000 — is currently 91%.”
Last month, retail market research company NPD Group estimated that Apple controls 91% of the $1,000-and-up market, a fact that got significant play in the media and on blogs.
“This case raises a wholly separate set of issues [from] those in Apple Inc. v. Psystar Corp…because that case is limited to Psystar computers running Mac OS X Leopard,” the company’s lawyer’s argued. “Both the technical mechanisms used by Apple to tie Mac OS X Snow Leopard to Macintoshes and the technology used by Psystar to get Mac OS X Snow Leopard to run on Psystar computers are new and different and not within the scope of the California litigation.”
I guess we’ll see when this case makes it inside a court room. I’ll give the usual IANAL disclaimer before saying that my feeling is that Psystar’s chances are about the same as a snowball’s chance of surviving in a blast furnace. Would any lawyers out there care to comment on their chances?