As the Information Week article notes, in order for Psystar’s case to have any chance of succeeding, the company has to prove that Apple computers are a separate and distinct market of their own. If they are part of the much larger market known as personal computers, then Apple’s behaviour arguably doesn’t matter, because the company only has about 10 per cent market share (depending on whose numbers you look at). But Psystar claims that Apple computers are actually a separate market, thanks in part to the company’s marketing campaigns, which are aimed at creating a mystique and a feeling of superiority around its products.
According to an article in Information Week, the Apple clone-maker known as Psystar Systems is counter-suing Apple, claiming that the computer company uses illegal tactics to protect its market share in personal computers, including anti-competitive measures that are prohibited by the Sherman Act, a key piece of U.S. anti-trust legislation. Among other things, the clone-maker argues that Apple employs technology that effectively “bricks” Apple clones when the software detects non-standard hardware, and also that the company is able to charge more for its computers because of such tactics.