A federal judge on Tuesday dismissed charges from a small computer maker that Apple Inc is a monopolist because it tightly controls which computer makers build machines using its Macintosh operating system software. With his ruling, US District Judge William Alsup has handed Apple its latest victory against cloners that create and sell machines based on Apple's software.

The battle between Apple and its opponent Psystar began earlier this year when the latter selling cheap Mac clones running Apple's OS X Leopard operating system. Even as Apple failed to react immediately, Psystar began claiming it had all the right to sell the Mac clones, and that Apple has created a monopoly on the market, a matter that should be settled in court.

In the consequent lawsuit filed by Apple in July, Psystar was accused of violating the terms of the Software License Agreement regarding the use of Mac OS X software and Apple's intellectual property. Furthermore, Apple argued in its claims that Psystar was responsible for advertising and promoting products in manners that affect the Apple brand, by offering consumers poor quality products.

Consequently, Apple demanded full statutory damages for what they called "the willful act" of copyright infringement, an injunction against Psystar for continuing the production and distribution of Apple copyrighted materials, as well as the recall of all products.

Psystar reacted with a countersuit accusing Apple of anticompetitive business practices, arguing that Apple's policy to use the Mac operating system exclusively on Apple hardware is ''an anticompetitive restraint of trade.''

In the most recent legal action against the clone-maker, Apple pleaded for the dismissal of the ''deeply flawed'' countersuit filed by Psystar on the ground that it was nothing but an attempt to get away with something they knew was wrong.

The judge evidently agreed. Psystar can try to amend its argument to convince the judge that it has come to a valid argument, but it only has 20 days left before the case is dismissed.

Judge Alsup ruled that the antitrust argument was invalid because OS X had competitors on the market.  He states, "The pleadings...fail to allege facts plausibly supporting the counterintuitive claim that Apple's operating system is so unique that it suffers no actual or potential competitors."

If the suit is dismissed, as now seems likely, Psystar will be headed to court with Apple.  Legal analysts say that against the power of Apple, Psystar will likely be put out of business - permanently - like many clone makers before it.