Re: Copyright Misuse

[Alexander Terekhov]

Barry Margolin wrote:
[...]
> It restricts it to a specific brand of hardware, namely those carrying
> the Apple brand.

The copyright misuse doctrine is similar to the better-developed 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. Licensees of the machine patent were required to use
Morton Salt's salt tablets. 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.  

regards,
alexander.

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