What Is the Issue in the Psystar Case?
Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
Apple Numerous irrelevant issues and feelings about them are ventilated in comments on the case. However, there are only two important issues. One is what the law is, the other is what we think the law should be.
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rhavyn
Member since:
2005-07-06

"Psystar is modifying parts of Leopard to get it to load. (Hacking the system, changing the system to point to Psystar servers, etc... Uh oh.)


Uh oh? That's only a problem if the EULA is actually enforcable. Modifying something and reselling it is not a copyright violation, as long as it's not a copy that you're reselling. Same way I can buy a book, change some text and then sell it to someone else. I can, of course, not pretend that the changes I made are in the original or that I'm the original author but that's a different story.
For simplicities sake I'm ignoring DMCA since it has no effect in most of the world. "

So lets get it straight.

1. You have no idea what is actually written on the boxes of Apple's software.

2. You have an extremely poor grasp of copyright law (fyi, modifying a book and then selling it is copyright infringement, regardless of whether you pretend the changes are in the original or not).

3. You have decided to ignore a major law in the jurisdiction in which the lawsuit in question is happening because it completely destroys your arguments.

So the only real question is, why is someone with such a poor grasp of the facts of the case and the relevant laws in question spending so much time commenting on it?

Reply Parent Score: 0

Soulbender Member since:
2005-08-18

You have an extremely poor grasp of copyright law (fyi, modifying a book and then selling it is copyright infringement,


No, you're the one with the poor grasp. It's not copyright infringement since I am NOT making a copy.
It is perfectly legal to sell the same book that I bought that I have, for example, "modified" by making remarks in.

So the only real question is, why is someone with such a poor grasp of the facts of the case and the relevant laws in question spending so much time commenting on it?


Probably because I know more about copyright law than you do.

Reply Parent Score: 2