Linked by Thom Holwerda on Mon 12th Oct 2009 18:25 UTC
Legal Now that all the nastiness of the discovery phase is behind us in the Apple vs. Psystar case, both parties are trying to get the case settled before it goes to court, much like the recent Vernor vs. Autodesk case. Both Apple and Psystar have filed motions asking for a summary judgement.
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RE[4]: OSNews legal analysis
by rhavyn on Mon 12th Oct 2009 20:36 UTC in reply to "RE[3]: OSNews legal analysis"
rhavyn
Member since:
2005-07-06

If I buy a Mac and it comes with the original software on disc, then I choose to sell my Mac to a friend with that disc, am I in violation of copyright law? Short answer is, no. I own the copy I bought from Apple as well as the computer. If I sell it, I'm selling my copy of the software and my computer, not Apple's.


You bought a copy from the copyright holder and sold it. All perfectly fine as long as you don't keep any copies you made.

Pystar is buying copies of Mac OSX from Apple and then selling people those copies. Again, no violation of copyright. Installing said copies onto a computer is also not a violation of copyright. Selling the computers with the installed copy and original disks is also not a violation of copyright law. If it were, then anyone that has ever sold a computer with software on it would be in deep doodoo from this case.


I quoted the actual laws and gave you two things you needed to prove in order for selling a copy of software you install on a computer to be legal. Unfortunately, you failed to even comment on either of those things, and ignored the entirety of the legal citations. But, in any case, Psystar buying copies of OS X and then selling them is fine. Buying copies and selling the identical copy installed on a computer is also possibly fine (the law specifically requires the installed copy be identical, however I'm not sure how identical is defined in practice since you don't get a bit for bit identical copy when you install software). However, selling modified versions of the installed software is definitely not fine, and Apple claims that is the only way Psystar could be selling OS X. Read the legal citation I provided. Additionally, the Supreme Court has already held that a copyrighted work can be leased (i.e. licensed) and, in that case, the first sale doctrine doesn't apply. So you should also explain how Apple is legally selling a copy, not leasing it per the Supreme Court's ruling. See for example Mirage Edition, 856 F.2d at 1344.

Regarding "anyone that has ever sold a computer," it's impossible to comment since there are presumably many different versions of different software all with different license agreements, etc. But, yes, many of them probably did commit copyright infringement.

Again, I fail to see how Apple could win this.


Again, I fail to see an actual legal analysis.

Edited 2009-10-12 20:49 UTC

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