A federal court judge handed Mac clone maker PsyStar a victory Friday, in its effort to amend its previously failed antitrust counterclaim against Apple into one that alleges copyright misuse. Psystar has been selling machines equipped with Apple's operating system since April 2008.

Psystar's OpenComputers are designed to run the Mac operating system, but Apple filed a suit against the clone maker, alleging copyright and trademark infringement.

Although Apple's lawsuit against Psystar last July has probably had a lot to do with the lack of Mac clone competitors, it wasn't much of a deterrent in this particular case. In an interview with Der Spiegel, PearC's parent Hypermeganet noted that differences in how German law deals with EULAs may mean that PearC's products are legal in Germany.

The court order delivered new life in Psystar's counterclaim, which was delivered a blow in November when Judge William Alsup of the U.S. District Court in Northern California dismissed Psystar's antitrust claims against the computer maker. PsyStar, in its amended complaint, alleges Apple of copyright misuse, as well as unfair competition violations based on its alleged copyright misuse.

And apparently Judge Alsup who is in charge of this case is inclined to agree: "Psystar may well have a legitimate interest in establishing misuse independent of Apple's claim against it, for example, to clarify the risks it confronts by marketing the products at issue in this case or others it may wish to develop,” he said.

Alsup also said that if Psystar proves that Apple abused copyright laws, some of Apple's charges against the company would be moot. He also seemed to say that that others would then be free to follow in Psystar's footsteps.