Psystar plans to countersue Apple – but they’re still not going to win

Psystar, the Mac-clone manufacturer that is currently have their pants sued off by Apple is planning a countersuit according to online reports. The company is claiming that Apple’s software license is a violation of anti-trust laws. The company further claims that Apple inflates the prices for its hardware and the EULA unfairly prevents other companies from competing with Alternative systems.

This case is extremely important to the technology industry, and one that Apple desperately needs to win. Not only with this affect Apple, it will affect all software and hardware companies from this point forward.

If a company is no longer allowed to make hardware, then make software exclusively for that hardware, then companies like Microsoft and Sony will find themselves being forced into allowing Xbox360 and Playstation 3 clones to be sold. One could even go so far as to say that companies like Diebold who provide electronic voting machines would no longer be able to create software exclusively for the hardware they create.

It is for those reasons that I seriously doubt Psystar will be able to win this case, or their countersuit, even though they have hired attorney James Gilliland Jr, who successfully sued Apple in the past. My guess is that they’re hoping to scare Apple into an out of court settlement that will line their pockets, and keep them from having to pay Apple damages for what they have done.

This is a case that would change the entire technology industry if Apple were to lose it, because of the precedent that it will set. Psystar isn’t going up against just Apple here, and I think they’ve bitten off more than they’re going to be able to chew.