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Tuesday, April 15, 2008, 10:00 am PT (01:00 pm ET)

Mac clone maker vows to test Apple on OS X licensing terms

Psystar Corporation, which this week began selling a series of Mac clone systems without Apple's blessing, is determined to challenge the Mac maker in court over the licensing terms for its Mac OS X operating system.

Speaking to InformationWeek, a Psystar employee identified only as Robert said his company sees Apple's end-user license agreement, which prohibits third-party installations of Mac OS X on non-Apple hardware, as a violation of antitrust laws.

"What if Microsoft said you could only install Windows on Dell computers?," he said. "What if Honda said that, after you buy their car, you could only drive it on the roads they said you could?"

As such, the Psystar representative implied that the company is eager to bring the matter before a court, where it believes Apple will have a tough time defending its stringent licensing terms.

As part of its defense, the Miami-based reseller also appears to be accusing Apple of price gouging its customers with each Mac OS X-based computer it sells.

"They're charging an 80 percent markup on hardware," Robert told InformationWeek.

He said Psystar plans to continue selling its $400 OpenMac clone and insisted that the company isn't "breaking any laws."

Ironically, Psystar on Monday evening changed the name of its offering from "OpenMac" to "Open Computer," presumably to avoid charges that it was indeed violating trademark law.