Monday, 03 October 2011 11:56

Psystar loses appeal against Apple verdict

By

Mac cloner Psystar has lost its appeal against a key aspect of the Apple v Psystar decision. Using licence terms to tie the use of software to a particular manufacturer's hardware is not copyright abuse.


Remember Psystar? (If not, you can refresh your memory here.) The Mac 'cloner' has lost its appeal against the judge's decision that Apple's tying of Mac OS X to the company's own hardware did not constitute copyright misuse.

Ninth Circuit Court of Appeals judge William Alsup upheld the concept that the 'first sale doctrine' which allows the purchaser of a copyrighted item to resell it does not apply to copies acquired by a licensee rather than a buyer. Just because Psystar acquired and resold retail-packaged copies of Mac OS X, it could not rely on the first sale doctrine.

Furthermore, Apple's licence agreement did not aim to prevent competitors such as Psystar from developing an operating system to compete with Mac OS X: "Apple's SLA [software licence agreement], like the one we reviewed in Triad, represents the legitimate exercise of a copyright holder's right to conditionally transfer works of authorship, and does not constitute copyright misuse," Judge Alsup ruled.

The only part of Psystar's appeal accepted by the judge was that the sealing Apple's motion for summary judgement was overturned pending further consideration by the District Court.

You can find the court's ruling at Groklaw. Groklaw's commentary points out that this decision essentially puts to rest any suggestions that someone could obtain a copy of GPLed software such as Linux and then resell copies under a different licence by relying on the first sale doctrine.


Subscribe to ITWIRE UPDATE Newsletter here

GRAND OPENING OF THE ITWIRE SHOP

The much awaited iTWire Shop is now open to our readers.

Visit the iTWire Shop, a leading destination for stylish accessories, gear & gadgets, lifestyle products and everyday portable office essentials, drones, zoom lenses for smartphones, software and online training.

PLUS Big Brands include: Apple, Lenovo, LG, Samsung, Sennheiser and many more.

Products available for any country.

We hope you enjoy and find value in the much anticipated iTWire Shop.

ENTER THE SHOP NOW!

INTRODUCING ITWIRE TV

iTWire TV offers a unique value to the Tech Sector by providing a range of video interviews, news, views and reviews, and also provides the opportunity for vendors to promote your company and your marketing messages.

We work with you to develop the message and conduct the interview or product review in a safe and collaborative way. Unlike other Tech YouTube channels, we create a story around your message and post that on the homepage of ITWire, linking to your message.

In addition, your interview post message can be displayed in up to 7 different post displays on our the iTWire.com site to drive traffic and readers to your video content and downloads. This can be a significant Lead Generation opportunity for your business.

We also provide 3 videos in one recording/sitting if you require so that you have a series of videos to promote to your customers. Your sales team can add your emails to sales collateral and to the footer of their sales and marketing emails.

See the latest in Tech News, Views, Interviews, Reviews, Product Promos and Events. Plus funny videos from our readers and customers.

SEE WHAT'S ON ITWIRE TV NOW!

BACK TO HOME PAGE
Stephen Withers

joomla visitors

Stephen Withers is one of Australia¹s most experienced IT journalists, having begun his career in the days of 8-bit 'microcomputers'. He covers the gamut from gadgets to enterprise systems. In previous lives he has been an academic, a systems programmer, an IT support manager, and an online services manager. Stephen holds an honours degree in Management Sciences and a PhD in Industrial and Business Studies.

Share News tips for the iTWire Journalists? Your tip will be anonymous

WEBINARS ONLINE & ON-DEMAND

GUEST ARTICLES

VENDOR NEWS

Guest Opinion

Guest Interviews

Guest Reviews

Guest Research

Guest Research & Case Studies

Channel News

Comments