Psystar claims its Mac cloning actions aren’t in violation of copyright laws because they’re not modifying Mac OS X, but merely bundling OS X with their own proprietary software, much like how you might find a copy of Minesweeper with a retail copy of Windows 7, the article adds. Psystar, in essence, is arguing that it’s not tinkering with any OS X source code, but that it merely writes software designed to extend the functionality of OS X, just like a third-party web browser or a word processor.

On Oct. 8 both Apple and Psystar filed separate motions, with their respective supporting evidence, requesting a summary judgment from Alsup in a San Francisco court. Two hearings have been set for Nov. 12, and the outcome could determine whether the trial will take place in January.

Recently, Psystar sued Apple for "illegally" tying Snow Leopard into the company's own hardware. "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,'" Psystar said in the lawsuit. "Apple's share of revenue in the market for premium computers -- computers priced at over $1,000 -- is currently 91 percent."

Psystar has claimed in the past that Apple has violated Sherman antitrust rules and other U.S. laws. Psystar claims in court documents filed in U.S. District Court for San Francisco that Apple “has engaged in certain anticompetitive behavior and/or other actions that are in violation of the public policy underlying the federal copyright laws.”

In response, Apple said the defendant, Psystar, “is knowingly infringing Apple’s copyrights and trademarks, and inducing others to do the same.” Psystar makes and sells personal computers that use, without permission, Apple’s proprietary operating system software.