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Nothing to do with copyright | 484 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
cross-market tying is still illegal
Authored by: mcinsand on Tuesday, May 15 2012 @ 04:07 PM EDT
Apple may make the hardware and they may make the software, but that doesn't
give them cart blanche to make whatever restrictions they want. It didn't give
Data General the right to restrict RDOS only to their machines (see DG versus
Digidyne). Cross-market tying has been ruled illegal, as well, when IBM tried
to restrict their computers to using only IBM punch cards, when Ford tried to
restrict where and how their auto parts were sold, and when some of the auto
companies tried to force buyers to only use their lubrication products or risk
warranty voiding.

Just because a company makes several products, that does not give them legal
rights to tie those products together.

Apple may get away with it now because they are still a minor player, but that
can change. A problem with making enforcement a matter of market share, though,
is that solutions are not implemented until after a market becomes distorted.

[ Reply to This | Parent | # ]

Nothing to do with copyright
Authored by: Anonymous on Tuesday, May 15 2012 @ 07:08 PM EDT
Apple has chosen to tie the use of MacOS only to Apple branded hardware: that's it's choice, and I for one would hate to see the rights of copyright holders diminished in this respect. GPL depends on copyright!

Apple's chosen restriction has nothing to do with copyright, so your GPL reference is inappropriate.

Apple's restriction is based on a EULA which tries to impose conditions that many deem unacceptable because they are not helpful to users and only serve to give Apple a hardware monopoly.

There is no copyright-related reason why an Apple user should not be allowed put their legally purchased Apple software onto a different box, because they acquired a set of permissions to copy for *reasonable* purposes when they purchased the software. (This does not include copying for clearly unreasonable purposes like selling it on, but it does include fair uses of many types such as for backup, and potentially for relocation to different hardware.)

Using the Apple software on different hardware is not significantly different to copying a copyrighted song from a legally purchased CD on to a different medium. The RIAA doesn't want you to do that either, but it's widely deemed reasonable despite them claiming that it is illegal.

And so it is with Apple. They are claiming the right to control where their software is run, and surprise surprise, their conclusion is that the only reasonable place is on hardware that nobody else can make. If you find that reasonable then you have an overreaching notion of corporate rights, and a very lackluster notion of user rights and reasonable expectations, as well as clearly supporting monopolistic behavior and denying competition.

[ Reply to This | Parent | # ]

Because your autodealer cannot tell you what to do with your car
Authored by: Anonymous on Wednesday, May 16 2012 @ 07:51 AM EDT


By upholding the idea that Apple can restrict what a purchaser does with an
Apple operating system it effectively becomes impossible to run an Apple OS in a
Virtual Machine.



[ Reply to This | Parent | # ]

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