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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RE[5]: The right question
by Moulinneuf on Mon 9th Mar 2009 21:11 UTC in reply to "RE[4]: The right question"
Moulinneuf
Member since:
2005-07-06

http://en.wikipedia.org/wiki/Softman_v._Adobe

"selling as individual units the software titles that were purchased from Adobe as a single boxed ***"Collection" ***. The individual titles had their own CDs."

http://www.linuxjournal.com/article/5628

"So does this mean Linux users can break up a hardware/software bundle, keep the hardware to run Linux on and sell the software? Yes, says attorney Wendy Seltzer, Fellow of the Berkman Center for Internet & Society at Harvard Law School. "It makes a strong case that the licenses purporting to restrict resale in this manner are not valid licenses--so the transactions are in fact sales, and the buyers are not subject to the "license" conditions. It helped that Softman hadn't even had to click a clickwrap", Seltzer said in an e-mail interview."

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#1 Psystar install the OS and Agree to the term of EULA.

#2 they are not breaking an Apple system/bundle as they buy the OS *upgrade* only and not the hardware

#3 Apple is not suing Psystar over it's EULA.

Charges copyright, trademark infringement, violation of OS X software license ( << not the same as EULA )

http://www.computerworld.com/action/article.do?command=viewArticleB...

"In an order signed on Friday, U.S. District Court Judge William Alsup gave Psystar the go-ahead to amend its lawsuit against Apple. According to Alsup, Psystar may change that countersuit, which originally accused Apple of breaking antitrust laws, to instead ague that Apple has stretched copyright laws by tying the Mac operating system to its hardware."

http://www.computerworld.com/action/article.do?command=viewArticleB...

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