Rather than folding in the face of legal action by industry monolith Apple, Mac clone vendor Psystar has unexpectedly launched a counterattack and is suing Apple for anticompetitive practices.
The tiny company's lawyer says "Apple's tying of the Mac OS to Apple-labelled hardware is 'an anticompetitive restraint of trade'", according to reports in the US media.
As Psystar battles to stay ahead of the courts in selling its plain-vanilla PCs loaded with Mac OS X, its main line of defence appears to that Apple's user licence accompanying OS X is invalid.
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Psystar claims the End User Licence Agreement (EULA) is anticompetitive if it is allowed to restrict OS X to running on only Apple hardware.
Rudy Pedraza, owner of the Florida-based company, says he wants to offer customers a choice – something he believes Apple does not do.
He explained: "What we want to do is to provide an alternative, an option. It's not that people don't want to use Mac OS, many people are open to the idea, but they're not used to spending an exorbitant amount of money on something that is essentially generic hardware."