Psystar has managed a small victory against Apple. The Florida-based Mac cloner will be permitted to answer Apple’s lawsuit by using copyright misuse in its defense.

After Apple requested to have the anti-trust violations thrown out, and wrongfully extending the Mac OS copyright through the End User License Agreemtn (EULA), Psystar restated its case in a 17-page filing that the judge’s most recent order responds to.

The defendants accused Apple of improperly making claims until the Digital Millenium Copyright Act, extending the Mac OS copyright into the computer hardware market by intimidating competitors.

Apple argued that Psystar’s claim was invalid, but the judge disagreed.

"This order is unconvinced, however, that misuse may never be asserted as a counterclaim for declaratory relief," the judge wrote. "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."

The judge also added that just because Apple’s interpretation of its rights could end up being correct doesn’t prevent Psystar from arguing otherwise.