Copyright Misuse

[rjack]

The current copyright suit filed by Apple against Psystar
http://blogs.zdnet.com/BTL/images/apple.pdf
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.

http://digital-law-online.info/cases/15PQ2D1846.htm
http://en.wikipedia.org/wiki/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.

Sincerely,
Rjack


"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