Linked by Thom Holwerda on Wed 8th Sep 2010 22:09 UTC
Hardware, Embedded Systems There's this hole here at OSNews, a hole left when Psystar was dealt a devastating blow by Apple's legal team. That whole saga provided a nice steady stream of news articles that's been dried up for a while. However, Psystar was not the only clone maker out there - what happened to Quo Computer, that clone maker with an actual real-world store front? They're still here, and just launched a new product.
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I'm still reading the opinion in detail, but footnote 13 stands out to me with respect to many arguments made here. Specifically the 9th circuit said

"It may seem intuitive that every lawful user of a copyrighted software program, whether they own their copies or are merely licensed to use them, should be entitled to an “essential step defense” that provides that they do not infringe simply by using a computer program that they law- fully acquired. However, the Copyright Act confers this defense only on owners of software copies. See 17 U.S.C. § 117. In contrast, a licensee’s right to use the software, including the right to copy the software into RAM, is conferred by the terms of its license agreement."

In other words, if the software comes with an EULA then you have no right to make any copies of the software without permission in the EULA. That means, you can't install it, you can't run it (because running it copies it into RAM), you basically can just sit and stare at the shiny side of the CD.

The 9th circuit contines by pointing out that the Congressional Record upholds their reading of copyright law (H.R. Rep. No. 94-1476, at 79 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5693). The 9th circuit continued by saying:

"The report also asserts that the first sale doctrine does not “apply to someone who merely possesses a copy or phonorecord without having acquired ownership of it.” Id.""

Edited 2010-09-10 22:12 UTC

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