Apple's Stovepipe MonopolyApple makes some of the most fascinating and design savvy hardware on the personal computer market. Apple also produces award-winning operating systems that offer a proven and stable user experience.

But is Apple’s coupling of hardware and software creating a significantly unfair environment for hardware vendors who want to put Mac OS X onto a different set of hardware specs?

Granted, a software vendor inherently knows its application the best and should know exactly what hardware integrates most seamlessly with their own platform. Of course this integration could give software vendors like Microsoft and Apple monster profitability in the hardware market, but only Apple capitalizes on such a monopolistic option.

With Microsoft already having a hard time fighting the EU on whether or not IE should ever be bundled with Windows or face having to bundle IE alongside other competing browsers, the same fair-business concept should certainly be raising eyebrows with Apple’s mass bundling of hardware and software as well.

On July 3rd of last year, Apple filed suit against Psystar alleging violation of Apple’s EULA. Specifically on violation of this stipulation:

You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.

Psystar filed a counter-suit based on the Clayton Antitrust Act and the Sherman Antitrust Act, saying Apple competes unfairly by tying Mac OS to Apple-labeled hardware. Psystar attorney Colby Springer of antitrust specialists Carr & Ferrell cites “an anti-competitive restraint of trade.”

Frankly, Apple’s EULA mandate is ridiculous and it stinks of ultra-guerrilla business tactics.

The moment Microsoft adds a statement of any similarity into their EULA for Windows — they would surely be sued into bankruptcy.

Why is Apple getting away with keeping and enforcing such a competitively restrictive clause? Nobody knows just yet. However, a joint California court trial -filed by both Psystar and Apple- is scheduled for late 2009. What will justice do?