Linked by Thom Holwerda on Mon 12th Oct 2009 18:25 UTC
Legal 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[4]: OSNews legal analysis
by alcibiades on Tue 13th Oct 2009 08:14 UTC in reply to "RE[3]: OSNews legal analysis"
alcibiades
Member since:
2005-10-12

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.
are necessary for it to be a "legitimate working copy".



You could lose, in the following way. Suppose you resell your original mac with its original disks. This is perfectly legal and you need no permission from Apple to do this.

Suppose you bought a Mac running Tiger. You then bought a copy of Leopard and installed it, and then resold the system and the copy of Leopard.

It must be doubtful that Apple would deny you the right to do this, but in law, you do need Apple's permission for this sale, in the US. The reason is that you have made copies essential to use, under S117, and are now transferring them. For this the law says you need the copyright holder's consent.

Should you buy your copy of Leopard, resell it with your Tiger system to someone, then, having signed an agreement with him getting his authorization, you install his copy of Leopard on his machine. Now you are perfectly legal under S117, and need no permissions from anyone.

Yes, it is a bit odd and involved, but that is what the law (in this case S117) actually says.

Edited 2009-10-13 08:32 UTC

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