Linked by Thom Holwerda on Sun 25th Oct 2009 12:51 UTC
Editorial A couple of years ago, a professor at my university had a very interesting thought exchange with the class I was in. We were a small group, and I knew most of them, they were my friends. Anyway, we had a talk about language purism - not an unimportant subject if you study English in The Netherlands.
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RE[4]: It's simple really...
by wirespot on Sun 25th Oct 2009 23:44 UTC in reply to "RE[3]: It's simple really..."
wirespot
Member since:
2006-06-21

Careful with the legal talk, Thom, you might cut yourself.

If you bothered to read Groklaw instead of dismissing PJ as "nutty" you might actually learn something. Such as this:

The Court recognizes that Vernor found the meaning of "owner" to be the same in sections 109 and 117 and therefore found Wise and Wall Data to be incompatible. Id at *7. The Vernor court elected to follow the older precedent of Wise. Id. This Court, however, is confronted with recent Ninth Circuit authority not only interpreting section 117, but also explicitly declining to reconsider the rule established in MAI and Triad. Wall Data, 447 F.3d 785 n.9. If the Circuit's interpretation of section 117 is to be reconsidered, it must be done by the Circuit, not this Court. Moreover, it is not at all clear that the result in this case would be different even if the Court were to follow Wise. Under Wise, a transaction is a license where the recipient is required to the return the copy to the copyright owner or the copyright owner retains title to the copy. 550 F.2d at 1190-92. As noted above, section 3 of the EULA provides that Blizzard explicitly retains title to "all copies" of the game client software. Dkt. #42 at 3.


No written by PJ, BTW, but by an US judge.

Apple is actively trying to make it illegal to jailbreak iPhones, a practice only done by individuals - and you're telling me they are okay with people like me installing Mac OS X on a non-Apple labelled machine?


Yes.

iPhones and Macs are not alike, OS-wise. The Mac comes with OS X and allows the user to exercise large amounts of freedom in handling that OS and applications. Not legally, but in practice. Yes, you may be breaking the OS X license. But Apple won't come after you. In fact, they've elected to treat their customers honorably and assume they're being legit, rather than torture them with authentication schemes a la Microsoft. That assumption obviously doesn't apply to a company like Psystar which tries to openly destroy Apple's business.

The iPhone, on the other hand, is a device on which Apple wishes to control all the running applications, in order to enforce a very high level of quality and security. In order to do that they have to lock it tight and closely examine any applications that goes through their AppStore. It's not an original practice; Linux distributions do it too with their repositories (minus the locking down of the users' machines, of course).

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