Legally besieged Mac clone maker Psystar has registered its first legal victory against Apple. U.S District Court Judge William Alsup has given the permission necessary for Psystar to continue its countersuit. The judge lent his assent to those revisions to the countersuit that had been suggested by Psystar after its antitrust charges against Apple were dismissed in November 2008.
Now Apple will have to defend itself against charges pertaining to copyright misuse. “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,” Alsup said on Friday. The court’s latest fiat has rekindled Psystar’s hopes of surviving its legal ordeal upon which its actual survival hinges.