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Nothing to do with copyright | 484 comments | Create New Account
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Nothing to do with copyright
Authored by: Anonymous on Wednesday, May 16 2012 @ 12:33 AM EDT

Aside from the EULA, Psystar was also found to violate copyright because they made intermediate copies onto a disk duplication system.

Also this is largely a moot point now, as Apple no longer sells boxed copies of their OS. It's only available through their app store, so they can restrict who is purchasing it.

[ Reply to This | Parent | # ]

Nothing to do with copyright
Authored by: Anonymous on Wednesday, May 16 2012 @ 02:38 PM EDT
because they acquired a set of permissions to copy for *reasonable* purposes when they purchased the software.

No they didn't. Apple supplied the software to them on the condition that they accepted the terms of the EULA. If you reject the EULA you don't acquire any permissions to use the software whatsoever.

Now, if you think that is a sneaky, disingenuous end-run around the clear intent of copyright law then I agree with you. Unfortunately, it has been upheld wherever EULAs have been legally tested, not just for Apple, so its sneaky, disingenuous and legal.

If you buy a PC from a major brand that includes a copy of Windows, the EULA says that you can only use that copy on the specific PC you bought (and the Windows CD is often locked to only work on that hardware). If you buy a Windows "upgrade" then the EULA says you can only use it on a PC which already has an older version of Windows installed. If you buy an XBOX, Wii or PlayStation game you can only use it on an XBOX, Wii or PlayStation (I don't know but I'd wager that at least one of those will state that in the EULA). So its not just Apple doing this, and if the court had looked like ruling in favour of Psystar they'd have had a sackload of amicus briefs from major software and hardware vendors who's business model relies on EULAs.

[ Reply to This | Parent | # ]

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