Linked by Thom Holwerda on Wed 24th Dec 2008 20:49 UTC, submitted by judgen
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Member since:
2005-07-24
Well, what is REALLY happening is rather typical of any lawsuit. You ALWAYS try to attack the very merits by whatever means available of the other party's case - ALWAYS.
If you find that a copyright application form was filed improperly - for whatever reason - you try and use that if your opponent's case depends on it. Cases get thrown out on technicalities all the time. Sometimes ones that don't even make sense.
Sadly, what I don't see here, is what Psystar's evidence is in regards to this matter. It could be something really minor ( like a typo )... or it could be something rather serious ( like the wrong proof of product - instead of OS X, they supplied Darwin (happens) ).
I wish I knew.
Besides, in the U.S., copyrights are automatic - so it ain't gonna work... but whatever...
Still, my desire is to see Psystar pull out a surprise win. Not just because I almost always root for the underdog, but because I believe Psystar is in the right. NOTHING in the law prevents Psystar, or anyone else, from installing MacOS X on a non-Apple computer.
Technical hurdles for copy-protect only apply to piracy. They buy MacOS X at retail and sell computers with a service to install MacOS X for the customer - while warranting that the computer will be able to run MacOS X. All legal.
--The loon
PS: I think I get it now:
From copyright.gov:
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.
Edited 2008-12-25 05:46 UTC