Legal Archive

Apple Asks for Permanent Injunction, Psystar Sold 768 Machines

We've got some progress in the other legal case Apple is involved in. The California case, Apple vs. Psystar, is more or less a done deal, but the Florida case, Psystar vs. Apple, is only just beginning. As it promised it would do, Apple has now asked the court in California to either dismiss the Florida case, or transfer it to California. Apple is also asking for a permanent injuction against Psystar. Through this motion, we also gain some juicy insight into Psystar's sales projections - and more interestingly, how many machines the clone maker actually sold.

Apple Scores Massive Win in Psystar Case

As Murphy's Law dictates, this news was destined to come while I'm down and out with the flu, while being miserable on the couch. Dragged my bum to the computer for this one (my iPhone alerted me, oh the irony): Apple has scored a major win in its case against Psystar. Judge William Alsup more or less agreed with just about everything Apple said, granting Apple's motion for a summary judgement. Instant update: Mind, though, that this ruling only covers Leopard. Snow Leopard will be handled in the Florida case.

MPAA Shuts Down Municipal WiFi Due to Single Illegal Download

As regular readers on OSNews will know, I'm quite opposed to the concept of post-sale restrictions, but also the insane countermeasures undertaken by the film and music industry against individuals who illegally download content. The reason I'm so opposed to these things is not because I approve of the act of illegal downloading - no, it's all about the slippery slope effect.

Intel, AMD Settle All Legal Disputes

Intel and main (and only?) rival AMD have long been embroiled in legal battles regarding antitrust and patent issues. On top of that, antitrust regulators all over the world are investigating Intel for possible antitrust violations, so it looks like Intel needed to close off at least one flank: the company has reached a settlement with AMD, ending all legal disputes between the two chip makers. Intel will pay 1.25 billion USD to AMD.

Judge: Norwegian ISP Does Not Have to Block The Pirate Bay

Every now and then you come across these news items that make just too much sense to be true. Earlier this year, the International Federation of the Phonographic Industry threatened Norway's largest ISP, Telenor: block access to The Pirate Bay within 14 days, or face legal action. Telenor refused to comply - so it went to court. In what can only be seen as a major victory, the judge sided with Telenor.

EU Adopts ‘Internet Freedom’ Provision on Internet Cut-offs

"For weeks, the major governing institutions of the European Union have been locked in a battle over three-strikes laws, Internet disconnections, and the appropriate role of judges in the process. Just after midnight last night, the deadlock was broken and all parties agreed to a new 'Internet freedom provision' that reinforces the presumption of innocence, the right to privacy, and the right to judicial review under any Internet sanctions."

Psystar Asks Judge to Rule Its Business Is Legitimate

While the Apple v. Psystar case is currently on hold until the hearing regarding the motions for a summary judgement takes place (November 12) the Psystar v. Apple case (still with me?) is only just beginning. Psystar has amended its original complaint in this second lawsuit, asking the judge to order Apple to cease calling Psystar's business "illegal", claiming it hurts the clone maker financially.

Borland in the 1980s: “Treat Software Just Like a Book”

Let's do a little trip down memory lane. We're talking the '80s, early '90s, and we're looking at a company called Borland, which produced several well-known and popular products related to software development. Back in those days, Borland had an end user license agreement. However, contrary to the EULAs we know and despise today, Borland's 'No-Nonsense License Statement' was a whole lot simpler, and in fact, is a perfect example of how software should be treated.

Dutch RIAA Plans to Charge Bloggers for Embedding Videos

Here on OSNews I've already talked about various copyright related issues here in The Netherlands - obviously because I'm Dutch and live there. As a small nation, the copyright issues we face here serve as nice, comprehensible discussion starters that we can all grok. Well, we've got another one. Our own RIAA equivalent has caused quite the stir by announcing that they will start charging bloggers and social website users for embedding YouTube videos with copyrighted content. Say what?

New Rules to End ‘Blogger Payola’

"US regulators will for the first time crack down on bloggers who fail to disclose fees or freebies they get from companies for reviewing products. The Federal Trade Commission, decided to update its nearly 30 year old guidelines to clarify the law for the vast world of blogging. Offenders could face eventual fines of up to $11,000 (GBP 6,900) per violation."

Judge Sides with Vernor, Slams Autodesk

Yesterday morning, we ran an item on the Autodesk case, but we (as in: me) got all confused about what exactly was going on. As it turns out, I was right from the start; despite my update to the item, the case was not resolved. The link in the update referred to an earlier stage of the legal ramblings. However, we now have a real conclusion in this case - and once again, Autodesk lost: software is sold, not licensed. Note: Thanks to Brian W. Carver from Cyberlaw Cases for clearing everything up via email. Much appreciated!

Microsoft Prevails in Patent Battle– Again

A long-term patent battle between Microsoft and a California- and Singapore-based security software company known as Uniloc has found Microsoft on the winning side... again. The said battle began about six years ago when Uniloc first sued Microsoft for allegedly infringing a patent of a technology that decries piracy by way of an activation key. Microsoft was supposed to have violated the patent by integrating the technology into the Windows XP and Office products' activation sequences that we all know and love. In short: Microsoft won the original case in 2003, Uniloc appealed and eventually won the appeal in April 2009 after many years of long and drawn out legal proceedings, and Microsoft appealed the appeal and won that appeal just recently, now not having to pay the US$388 million from the last appeal. Oh, and Uniloc already has plans to appeal.

The Difference Between EULAs and Open Source Licenses

In France, the GPL has scored yet another major win in court. What makes this infringements case special is that it was filed not by the developers of the infringed-upon code, but by users, demonstrating that they, too, can successfully enforce the GPL. Since I noted on a few threads here on OSNews that a lot of people still fail to grasp the difference between an open source license and an EULA, I figured I'd take this opportunity to explain the difference one more time - using hand-crafted diagrams!