Linked by Thom Holwerda on Mon 12th Oct 2009 18:25 UTC
Now that all the nastiness of the discovery phase is behind us in the Apple vs. Psystar case, both parties are trying to get the case settled before it goes to court, much like the recent Vernor vs. Autodesk case. Both Apple and Psystar have filed motions asking for a summary judgement.
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RE[2]: OSNews legal analysis
by rhavyn on Mon 12th Oct 2009 20:15
in reply to "RE: OSNews legal analysis"
Member since:2005-07-06
I believe you are incorrect about the argument of them using two copies. The copy on the computer is necessary to get the copy they bought from Apple (the disks) to work (this is called installing software, not copying software). Reselling the disks with the software on the computer is the same argument. Both are necessary for it to be a "legitimate working copy".
Installing software is copying software, and congress specifically amended 17 U.S.C. § 117 in 1980 to allow the owner of a copyrighted work to make a copy as long as "such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner." (17 U.S.C § 117 (a)(1)). However, it also says that "[a]ny exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner." (17 U.S.C § 117 (b)). But you'll find it mighty difficult to prove that
a) What is on the computer is an exact copy of the original copyrighted work
b) That Psystar made no modifications in order to ensure that OS X ran on their computers.
If Apple wins this round then this will surely go to the Supreme Court (likely headed there anyway). But, I don't see how they could possibly win this under the circumstances.
I don't see how Apple could possibly lose, and unfortunately, it doesn't appear that anyone on this site is capable of actually performing and presenting legal analysis in support of Psystar.
RE[3]: OSNews legal analysis
by jgagnon on Mon 12th Oct 2009 20:31
in reply to "RE[2]: OSNews legal analysis"
Member since:2008-06-24
If I buy a Mac and it comes with the original software on disc, then I choose to sell my Mac to a friend with that disc, am I in violation of copyright law? Short answer is, no. I own the copy I bought from Apple as well as the computer. If I sell it, I'm selling my copy of the software and my computer, not Apple's.
Pystar is buying copies of Mac OSX from Apple and then selling people those copies. Again, no violation of copyright. Installing said copies onto a computer is also not a violation of copyright. Selling the computers with the installed copy and original disks is also not a violation of copyright law. If it were, then anyone that has ever sold a computer with software on it would be in deep doodoo from this case.
Again, I fail to see how Apple could win this.
News
Linked by Thom Holwerda on 06/18/13 22:33 UTC
Official Apple statement on PRISM and privacy: "Regardless of the circumstances, our Legal team conducts an evaluation of each request and, only if appropriate, we retrieve and deliver the narrowest possible set of information to the authorities. In fact, from time to time when we see inconsistencies or inaccuracies in a request, we will refuse to fulfill it." This is basically Apple re-publishing their earlier statement in a more official manner. You either believe it, or you don't.
Linked by Anonymous on 06/18/13 22:26 UTC
The open source Contiki operating system and its commercial Thingsquare distribution are making strides towards the connected home. According to a Computerworld article, a new LED light bulb manufacturer is putting small computers into their light bulbs. Each computer runs the Contiki OS, which gives each bulb an IP address and allows them to be controlled with a smartphone application. To connect the bulbs to the application, the bulbs use both Wi-Fi and the much lower power IEEE 802.15.4 mesh technology.
Linked by Thom Holwerda on 06/18/13 22:25 UTC
"Google asked the secretive Foreign Intelligence Surveillance Court on Tuesday to ease long-standing gag orders over data requests it makes, arguing that the company has a constitutional right to speak about information it's forced to give the government. The legal filing, which cites the First Amendment's guarantee of free speech, is the latest move by the California-based tech giant to protect its reputation in the aftermath of news reports about sweeping National Security Agency surveillance of Internet traffic." Draining the ditch after the cow has drowned in it.
Linked by Thom Holwerda on 06/18/13 17:45 UTC
"I can't find one person who has been using the Nexus 7 for an extended period of time, and hasn't seen a massive downgrade in performance. Just what kind of downgrade are we talking here? I cannot pick up my Nexus 7 without experiencing problems like a lag of ten seconds, or more, just to rotate the display; touches refusing to acknowledged; stuttering notification panel actions; and unresponsive apps." Fully and utterly agreed. My Nexus 7 was blazing-fast and awesome for a few months, and at some point, it just started sucking. Just like that. I've tried loads of ROMs, and nothing helps.
Linked by Thom Holwerda on 06/18/13 17:32 UTC, submitted by poundsmack
A new release of the hobby operating system MenuetOS! The release notes are a bit non-descript, but you'll have to take what you can get: "updates and improvements (picview, httpc, ehci, ...)".
Linked by Thom Holwerda on 06/17/13 17:58 UTC
"The Internet is one of the most transformative technologies of our lifetimes. But for 2 out of every 3 people on earth, a fast, affordable Internet connection is still out of reach. And this is far from being a solved problem. There are many terrestrial challenges to Internet connectivity - jungles, archipelagos, mountains. There are also major cost challenges. Right now, for example, in most of the countries in the southern hemisphere, the cost of an Internet connection is more than a month's income. Solving these problems isn't simply a question of time: it requires looking at the problem of access from new angles. So today we're unveiling our latest moonshot from Google[x]: balloon-powered Internet access." Insane.
Linked by Thom Holwerda on 06/17/13 17:52 UTC
"MineAssemble is a tiny bootable Minecraft clone written partly in x86 assembly. I made it first and foremost because a university assignment required me to implement a game in assembly for a computer systems course. Because I had never implemented anything more complex than a 'Hello World' bootloader before, I decided I wanted to learn about writing my own kernel code at the same time. Note that the goal of this project was not to write highly efficient hand-optimized assembly code, but rather to have fun and write code that balances readability and speed. This is primarily accomplished by proper commenting and consistent code structuring." Just cool.
Linked by Thom Holwerda on 06/14/13 21:03 UTC
Jon Rubinstein, former CEO of Palm: "Well, I'm not sure I would have sold the company to HP. That's for sure. Talk about a waste. Not that I had any choice because when you sell a company you don't get to decide that. Obviously, the board and shareholders decide that. If we had known they were just going to shut it down and never really give it a chance to flourish, what would have been the point of selling the company? I think the deal we had with Verizon really hurt us, but who knew that at the time? These things are all hindsight."
Linked by Thom Holwerda on 06/14/13 20:46 UTC
"And so it is with Dell's Alienware X51 R2, a small form factor gaming PC in console digs. It's shaped similar to Microsoft's Xbox 360 Slim, and though it's slightly larger than either a 360 or PlayStation 3, the X51 R2 would be right at home in a living room setting nestled next to a large screen TV. Indeed, it's adept at running Steam's Big Picture mode, and if your primary objective is to play games in the living room, go ahead and consider the X51 R2 a hybrid game console." This is obviously not the only machine like this - still, these are very valid console alternatives even for those that don't like being hunched over with a cramped WASD-claw. Also, PC gamers among us: could you get away with the $699 model for gaming?
Linked by Thom Holwerda on 06/14/13 17:32 UTC
From Bloomberg: "Microsoft, the world's largest software company, provides intelligence agencies with information about bugs in its popular software before it publicly releases a fix, according to two people familiar with the process. That information can be used to protect government computers and to access the computers of terrorists or military foes." The lid has officially been blown off.More News »
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2008-06-24
I believe you are incorrect about the argument of them using two copies. The copy on the computer is necessary to get the copy they bought from Apple (the disks) to work (this is called installing software, not copying software). Reselling the disks with the software on the computer is the same argument. Both are necessary for it to be a "legitimate working copy".
If Apple wins this round then this will surely go to the Supreme Court (likely headed there anyway). But, I don't see how they could possibly win this under the circumstances.