
There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones
earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to
take legal action against PsyStar,
claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will
stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have
hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.
Member since:
2005-11-21
http://en.wikipedia.org/wiki/Bleem!
""Two days after bleem! started taking preorders for their emulator, Sony filed suit against them alleging that they were violating their rights and that providing access for PlayStation games to run on non-Sony hardware constituted unfair competition.
Ultimately bleem! won in court and a protective order was issued to "protect David from Goliath" [1]. Sony lost on all counts, including bleem!'s use of screenshots of PlayStation games on its packaging. The court noted that bleem!'s use of copyrighted screenshots was considered fair use and should be allowed to continue."
That's a pretty fitting legal precedent PsyStar can draw from.
Darn, I totally forgot the blem! case. "
Apple's suit isn't claiming SONY's stance.