What Is the Issue in the Psystar Case?
Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
Apple Numerous irrelevant issues and feelings about them are ventilated in comments on the case. However, there are only two important issues. One is what the law is, the other is what we think the law should be.
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GCrain
Member since:
2005-07-11

However, your argument does not distinguish between for personal use vs for profit. In the case of Pystar, they are using Apple's software, installed on their hardware, to sell their product and compete directly against Apple. If Pystar was not using Apple's software in this way, would they still have a legitimate business? Is it right for a company, like Pystar to use Apple's own software to compete and take further business away from Apple? I say no, not without proper license from Apple, which it has not given.


Exactly, but I don't know if it is to use the software to compete against Apple's hardware so much (even though Apple doesn't like it). The fact that Pystar hacks the code, and parts of the OS to work. Is the code Pystar pre-installed IDENTICAL to the code that Apple sells?? No? Then how can Pystar legally reverse engineer, modify it and resell it? Reverse engineering is often not illegal in itself. For an individual, I doubt Apple cares much, but they are basing their business model around it. The EULA isn't the basis of the lawsuit.
This has further implications than just Apple-vs-Pystar. Another car analogy (since I work for an automotive company): A small company reversed engineered the engine controller code, made modifications and was reselling the code as a performance upgrade. It bypassed many safety and emissions related functions. The original manufacturer lawyers went ballistic. It never made it to court.
Should it be legal to resell modified engine controller code that was already 'sold' with the vehicle? The manufacturer did the R&D, testing, safety and emission certification.
Who's responsible when the vehicle is resold to someone unknowing that the air bags and emissions are no longer functional and they get into an accident? They will first go after the original manufacturer, and then the burden would rest on them to prove that the engine controller code was tampered with.

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