TAG | Apple asks judge to dismiss Psystar countersuit 'with prejudice' |
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| by Stephen Withers | |
| Thursday, 02 October 2008 | |
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Page 3 of 3 As I previously wrote on the subject of Psystar's arguments, "So what might be a parallel? That's always a dangerous question in this type of debate, but try this for size: KFC refusing to sell a cafe owner its mix of 'secret herbs and spices' so the latter can use it to prepare fried chicken? After all, KFC would have you believe that its product is distinct from any old fried chicken.Featured Whitepaper
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Anyway, Psystar's countersuit always seemed like a sideshow. The main attraction is Apple's case against Psystar. I wouldn't be surprised if one or more of Apple's claims fail (for example, it seems to me that Psystar's use of Apple trademarks has only been to identify Apple products), but the company probably only needs to score one goal to prevail. The really interesting part of the case is whether the judge will uphold Apple's apparent contention that installing Mac OS X on a non-Apple computer constitutes copyright violation (as it is not permitted under the licence), and that selling such a computer with Mac OS X installed is the distribution of an infringing copy and inducing, causing or materially contributing to copyright infringement by the purchaser. If the court upholds the idea asserted by some people that licence agreements can extend but cannot restrict a user's rights, I still reckon that would be a major upset for the computer industry. For example, would Microsoft still offer a lower-cost OEM version of Windows if it wasn't able to limit its use to the computer on which it was originally installed? Could a company selectively ignore the GPL terms relating to the provision of the source for object code contained in a "User Product"? The case will work its way through the legal process and eventually there will be an outcome - but I'll be very surprised if Apple is an outright loser. |
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