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Psystar argued in its counterclaim that Apple operates an illegal monopoly in what it claims is an exclusive OS X market. But Judge William Alsup said that the counterclaim itself refutes the company’s own case.

“The counterclaim itself explains that Mac OS performs the same functions

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as other operating systems,” he wrote. “The counterclaim admits that market studies indicate that, although Apple computers with Mac OS enjoy strong brand recognition and loyalty, they are not wholly lacking in competition.”

He added that Apple’s extensive advertising campaigns bear this out.

“Those advertising campaigns more plausibly support an inference contrary to that asserted in the counterclaim - vigorous advertising is a sign of competition, not a lack thereof. If Mac OS simply had no reasonable substitute, Apple’s vigorous advertising would be wasted money.”

Psystar issued its counterclaim in response to Apple’s original lawsuit of August this year. Apple is seeking to prevent Psystar from distributing its PCs with a hacked version of OS X.

Psystar now has until December 8 to file an amended counterclaim.