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Copyright Misuse in Apple v. Psystar

From: Alexander Terekhov
Subject: Copyright Misuse in Apple v. Psystar
Date: Tue, 17 Nov 2009 12:40:04 +0100

"Psystar next argues that Apple’s attempt to use copyright to tie Mac 
OS X to Apple hardware constituted copyright misuse. Put differently, 
Psystar argues that Apple cannot extend its exclusive rights to 
control the computers on which Apple’s customers run Mac OS X. ...

Apple has not prohibited purchasers of Mac OS X from /using/ 
competitor’s products. Rather, Apple has simply prohibited 
purchasers from using Mac OS X /on/ competitor’s products."

And hence Apple is not guilty of copyright misuse according to Judge 

Uh drunktard....

The copyright misuse doctrine stems from the patent misuse doctrine. 
The patent misuse doctrine was first established by the Supreme 
Court in its 1942 Morton Salt decision, 314 U.S. 488. In that case, 
Morton Salt had a patent on a machine for depositing salt tablets
into canned food (think of Apple OS X product). Licensees of the 
machine patent (OS X EULA licensees) were required to use Morton 
Salt's (Apple's) salt tablets (x86 hardware). Ruling that public 
policy forbids the use of a patent to expand the scope of the 
claims beyond the patent granted, the Supreme Court held the 
patent unenforceable until "the improper practice has been 
abandoned and the consequences of the misuse of the patent have 
been dissipated." Id. at 493.  


(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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