The Florida-based clone maker asked the judge to rule that the company can purchase copies of Snow Leopard from Apple, and Best Buy - as it claims to have done with Mac OS X 10.5, aka Leopard - and that its practice of installing Snow Leopard on clones does not violate Apple's copyright or break the Digital Millennium Copyright Act (DMCA). 'Psystar believes that it is legally entitled to resell copies of Mac OS X Snow Leopard on Psystar computers, but is confident, based on the ongoing litigation with Apple over Mac OS X Leopard, that Apple will view Psystar's decision to sell computers running Mac OS X Snow Leopard as illegal,' read the lawsuit.

Last week's filing spent most of 14 pages trying to convince the judge to fire a preemptive strike at Apple. Psystar asked the Florida court to award it treble damages and force Apple to stop tying Mac OS X to its Mac hardware in the operating system's end user license agreement (EULA), as well as through technical tricks that check to see whether the computer starting Snow Leopard is a real Mac. '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.' Psystar Corp.because that case is limited to Psystar computers running Mac OS X Leopard,' the company's lawyer's argued. 'This case raises a wholly separate set of issues those in Apple Inc. Psystar said that the situation with Snow Leopard is completely different. A federal judge in California tossed out Psystar's claims last November, however. The antitrust angle in the new lawsuit is a repeat of Psystar's strategy of more than a year ago, when it accused Apple of violating the Sherman and Clayton Acts. 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. 'Apple's share of revenue in the market for premium computers - computers priced at over $1,000 - is currently 91%.' '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. Psystar also asked a federal judge in Florida to rule that the small company has the right to purchase copies of Snow Leopard on the open market and use them to install Mac OS X 10.6 on the machines it sells. Mac clone maker Psystar last week sued Apple for a second time, charging that it illegally ties the new Snow Leopard operating system to its hardware.

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