Re: Copyright Misuse in Apple v. Psystar

[Alexander Terekhov]

Rjack wrote:
[...]
> This distinction is often glossed over by federal judges. Use of a
> copyright that doesn't violate one of the granted exclusive rights may
> only be prevented by contractual covenant (doesn't cause infringement).

I know. But given that Apple itself is alleging that a breach of its
EULA results in a copyright infringement the court could have accepted
arguendo the allegation as true and then rule that Apple is precluded to
enforce its OS X copyrights *and patents* against anyone due to unlawful
tying restriction until "the improper practice has been abandoned and
the consequences of the misuse of the patent have been dissipated."
Apple would then immediately announce to the world that tying
restriction was a bad joke not to be taken seriously and file a notice
of voluntarily dismissal. That would be justice.

regards,
alexander.

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