Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
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: Wrong application of SoftMan
by NathanHill on Tue 10th Mar 2009 13:59
in reply to "Wrong application of SoftMan"
Member since:2006-10-06
Another great reply in this thread.
I don't know why folks keep making this all about - "Apple is telling me what to do with the software I buy." Cause that is not at all the issue. Apple isn't suing any of the OSX86 guys. Nor the maker of EFI-X or whatever.
Thanks for your summary of the real issues at stake.
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Member since:
2005-07-27
SoftMan applies as case law only insofar as cases are similar to SoftMan v Adobe. The author clearly didn't take pains to even describe the case, no less give a more clear link with the present case.
In Softman v Adobe, what happen was that SoftMan took purchased Adobe products, ripped the CD and packaged Adobe software with other software to be resold. This contravened Adobe's EULA prohibition on resales. However, the courts ruled against Adobe because 1) the EULA was only seen when the CD is executed - so because there was no notice, there was no contract, and 2) there was no harm caused to Adobe. Consumers who can't purchase SoftMan's compilations would simply have to purchase individual software titles. There was no violation of copyright, and all the software were purchased legally.
In the Psystar case, there is notice: Psystar installed OS X. They clearly knew the existance of the EULA. They are many cases of shrinkwrap EULAs being enforced (ProCD v Zeidenberg, for example), so it isn't a clearcut case of EULAs being unenforceable.
And contract claims isn't what Apple is gunning for in this case (yes, its there, but not the biggest part of their case against Psystar). Quite simply, the payouts from winning contract cases are low (most likely, recalls of the software titles sold). Instead, Apple is pursuing copyright claims (including DMCA) against Psystar (Psystar modified Apple's software without permission) as well as trademark and trade dress claims. Apple has a solid case on those.
The only way Psystar can win this against Apple is that if they succeed in their copyright misuse (for anti-competitive purposes) case against Apple. But courts tend to act conservatively, especially if any ruling made in Psystar's way would so royally f--k so many business models (not just Apple's), I would mark it as unlikely.
As for EULAs, the courts have in the past been very reluctant to rule on the general legality of shrink wrap contracts, if I was one of those pining for the end of EULAs (which, btw, would also include the GPL/LGPL), I would not hold my breath.