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Copyright Misuse

From: rjack
Subject: Copyright Misuse
Date: Wed, 16 Jul 2008 21:03:38 -0400
User-agent: Thunderbird (Windows/20080421)

The current copyright suit filed by Apple against Psystar
states under General Allegations:

“21. Apple has never authorized Psystar to install, use, or sell the Mac OS on
any non-Apple-labeled hardware.”

The term “non-Apple-labeled hardware” is so broad and
non-specific that as a scope of use restriction in their license, it may violate
the doctrine of copyright misuse.

The scope of use term does not restrict use to a specific platform (i.e. Intel
X86 or IBM’s POWER) but applies to *any* computer hardware, regardless of what’s
inside the box.

If Apple’s deep pockets don’t intimidate Psystar into a settlement, it will be
interesting to see how the courts view this case.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." -- John Adams, 'Argument in Defense of the Soldiers in the Boston Massacre Trials,' December 1770

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