Psystar had already made similar arguments in an antitrust claim, but that claim was dismissed last year.
Addressing the misuse of copyright claim, the judge examined exactly what Apple permitted its customers to do, and what it prohibited them from doing.
Psystar had brought up another case, in which a copyright holder required not only that its customers use its product, but that they not use any other products as well. That assertion of copyright was not upheld.
But in this case, the judge pointed out that Apple does not prohibit others from writing their own operating systems. Neither does it prohibit Mac OS X owners from using a competitor's product.
"Rather, Apple has simply prohibited purchasers from using Mac OS X on competitor's products," reads the order.
Finally, the judge found that Psystar violated the Digital Millennium Copyright Act (DMCA) by circumventing Apple's technological methods of protecting its software.
The court declined to address the question of damages or relief "at this juncture." And other issues still remain up for trial, including breach of contract, trademark and trade dress infringement, and unfair competition.
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