Linked by Thom Holwerda on Tue 2nd Dec 2008 22:42 UTC, submitted by anon
Legal The legal back-and-forth between Apple and clone-maker PsyStar continues to develop, with the latest news being a move by Apple - the Cupertino company has invoked something with many already predicted Apple would call upon: the DMCA, or the Digital Millenium Copyright Act. This was done in an amendment to the original suit, filed in July this year.
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RE: Apple stinks!
by Kroc on Wed 3rd Dec 2008 08:41 UTC in reply to "Apple stinks!"
Kroc
Member since:
2005-11-10

No nothing is being stolen. Apple are not saying that, that is not their charge.

Their charge is that their software is being circumvented which, in North America, *is* illegal, as per the DMCA - like it or not.

Reply Parent Score: 3

RE[2]: Apple stinks!
by Thom_Holwerda on Wed 3rd Dec 2008 09:06 in reply to "RE: Apple stinks!"
Thom_Holwerda Member since:
2005-06-29

Except that the DMCA also states that protection mechanisms may be circumvented if for the purpose of interoperability - so no, this case is not as clear-cut as it seems.

Which kind of sums up this case. Lots of people in the comments making absolute statements about something they have absolutely zero knowledge or experience of.

The best you can do - like I did in my article a while back on the legalities of EULAs in The Netherlands - is contact legal experts. And even what they say is just an interpretation - only probably better than the ones in this comment section.

Reply Parent Score: 6

RE[3]: Apple stinks!
by Soulbender on Wed 3rd Dec 2008 09:12 in reply to "RE[2]: Apple stinks!"
Soulbender Member since:
2005-08-18

Dude, talking to legal experts is for sissies. If there's one thing I've learned from OSnews forums it is that people who think they are good with computers are also experts in every other possible field, be it law, finance, marketing or space travel.
That's why I always let the marketing guys fix my computer.

Reply Parent Score: 8