Linked by Thom Holwerda on Wed 24th Dec 2008 20:49 UTC, submitted by judgen
Legal The legal back-and-forth between PsyStar and Apple is slowly but surely moving into the twilight zone. Not too long ago we had Apple going all black helicopter on PsyStar claiming people and/or companies other than PsyStar are involved in the clone maker's unlawful practices, even though Apple could so far not name any of them because, well, they don't know who they are yet. If that wasn't enough, PsyStar now claims that Apple's copyright on Mac OS X is invalid.
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Software Copyright and Appple
by OSGuy on Thu 25th Dec 2008 03:01 UTC
OSGuy
Member since:
2006-01-01

The software copyright should only limit you on how many computers you can use the software *but* it *absolutely* should *not* limit you on the type of hardware you will be using it. That is your own right. You purchase a license and you are obliged to comply that you will not make illegal copies but when it comes to usage, I should be allowed to pick the hardware *I* want. Software and hardware are independent.

However, I am afraid if PsyStar does win, Apple's days will be numbered. Soon everyone will start doing what PsyStar does and things will get out of control since the copyright will be invalid. Imagine if HP grabbed a bunch of Windows copies and put them on PCs without consulting with MS. So a company can do this and not care what Apple says. Apple will be powerless to stop them. They will struggle.

Apple is a hardware company. Although I dislike Apple and their business practises, I believe it would be very bad if they do lose as they are proven innovators and the only way to survive would be to continue to do what they do. For the sake of Apple and the rest of the IT world, I want them to win. I don't like what they do BUT it would be better if they win. Only time will tell what they will come up with in the future -- Personal Opinion --

Edited 2008-12-25 03:08 UTC

Reply Score: 2

RE: Software Copyright and Appple
by sagum on Thu 25th Dec 2008 05:43 in reply to "Software Copyright and Appple"
sagum Member since:
2006-01-23

The software copyright should only limit you on how many computers you can use the software *but* it *absolutely* should *not* limit you on the type of hardware you will be using it.


I don't think a copyright can limit the amount of computers you can use the software with. A copyright is just a legal writ to say who has ownership to copy.

Any software you use is bound by the terms you agree to use it by, the EULA (end user legal agreement) and that stipulates that you can instal it on 1, 2 or however many machines. it may even refer you to other legal agreements such as site or seat licensing agreements.

Generally the only thing a legal copyright owner can tell you to do with software you've brought is to not to make a backup of it for anyone other then yourself.

Remember, when you 'buy' software, you're usually buying the 'right of use' for it on the terms set out in the EULA.

Reply Parent Score: 3

OSGuy Member since:
2006-01-01

Yes you are right, it is the EULA indeed.

Reply Parent Score: 2

Bobthearch Member since:
2006-01-27

Imagine if HP grabbed a bunch of Windows copies and put them on PCs without consulting with MS.

HP or any other computer manufacturer absolutely CAN do that, and many smaller companies and independent builders do it every day! Heck, I've done it several times myself with absolutely no 'consultation', permission, or communication with Microsoft.

In the case of HP though, they get a huge price break in exchange for signing marketing agreements with Microsoft.

Psystar isn't asking for any such special agreements with Apple, but merely trying to protect their legal right to pre-install lawfully-purchased software on their computers.

But the peripheral suits and counter-suits are getting ridiculous and aren't relavent to the basic disagreement. Another SCO-like circus...

Edited 2008-12-25 07:30 UTC

Reply Parent Score: 4

Gone fishing Member since:
2006-02-22

I can't see why it would be the end of Apple. If OEMs had the choice of Vista or OSX - well I know which I'd choose. Apple might change from a hardware to a software company, but with innovative design etc even thats not inevitable.

Whether this would be a good thing - Apple with an OS monopoly - scary.

Reply Parent Score: 2