Apple never sleeps. As Windows 7 is dangerously gaining more and more hopeful fans, Apple is working to keep Mac OS X a highlight to Mac hardware in order to stop any potential switchers to betraying their software and retain its loyal users at the same time. The Snow Leopard release grows closer indeed.

Apple initially seemed to suggest that Mac OS X 10.6 Snow Leopard would be a minor release following 2007's 10.5 Leopard, citing support for Exchange Server push messaging as the only customer-facing feature. However, Apple historically directs attention upon its currently shipping products rather than its future plans.

Snow Leopard will deliver a full 64-bit kernel, requiring the same significant "all at once" upgrade in device drivers that Vista's significant kernel changes did. Apple will likely have an easier time pulling this off, as Snow Leopard is only designed to run on a relatively small number of higher end PCs, all made by Apple.

In the meantime Microsoft wants to put Vista behind it as soon as possible. In fact, the next version of Windows is almost here already. It’s called Windows 7, and it’s available as a free download, in surprisingly smooth, stable test form, from microsoft.com/springboard until Saturday.

Microsoft needs Windows 7 to be a hit. Vista, the current version of Windows, has failed to catch on with mainstream computer users and businesses have shunned it outright. Many users have complained about Vista's hardware requirements, intrusive security measures, and lack of compatibility with older applications.

Dissatisfaction with Vista has allowed Apple to gain share against Microsoft in the computer operating system market in recent months. Windows' market share in November fell below 90% for the first time in years, while Mac OS is flirting with the 10% mark, according to market watcher Net Applications.

But on top of it all, today Microsoft got more bad news. As Computerworld's Gregg Keizer reports, a settlement in the Vista Capable law suit could cost the company as much as $8.5 billion dollars. Keith Leffler, a University of Washington economist and expert witness for the plaintiffs, calculated that it would cost a minimum of $3.92 billion and as much as $8.52 billion to upgrade the 19.4 million PCs sold as Vista Capable to hardware able to run the premium versions of Windows Vista.

In other words, the software giant is being sued in the US by plaintiffs who claim the company "unjustly enriched" itself by using Vista Capable stickers to sell PCs that weren't suitable for Vista Home Premium or Ultimate editions.

But Windows Vista 2007’s problem (and perception) plagued operating system also played a major part in the revenue drop, said MacDonald. "Compounding the problem is the fact that Vista has been a very disappointing release. That makes a bad situation worse."

So the battle between the two is far from heading towards an end whatsoever. We’ll just have to wait and see what the two major giants come up with next, but they definitely give us the impression we have a lot to choose from.