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OS X The Courts Apple

Apple Says Booting OS X Makes an Unauthorized Copy 865

recoiledsnake writes "Groklaw has an extensive look at the latest developments in the Psystar vs. Apple story. There's a nice picture illustrating the accusation by Apple that Psystar makes three unauthorized copies of OS X. The most interesting, however, is the last copy. From Apple's brief: 'Finally, every time Psystar turns on any of the Psystar computers running Mac OS X, which it does before shipping each computer, Psystar necessarily makes a separate modified copy of Mac OS X in Random Access Memory, or RAM. This is the third unlawful copy.' Psystar's response: 'Copying a computer program into RAM as a result of installing and running that program is precisely the copying that Section 117 provides does not constitute copyright infringement for an owner of a computer program. As the Ninth Circuit explained, permitting copies like this was Section 117's purpose.' Is Apple seriously arguing that installing a third party program and booting OS X results in copyright infringement due to making a derivative work and an unauthorized copy?"
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Apple Says Booting OS X Makes an Unauthorized Copy

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  • by dontmakemethink ( 1186169 ) on Sunday November 01, 2009 @04:11PM (#29943728)
    Careful, you just made an unauthorized copy of a registered trademark on my monitor!
  • by IgnoramusMaximus ( 692000 ) on Sunday November 01, 2009 @04:39PM (#29944004)

    I think what they are saying is that everytime you run an unauthorized copy of a program, you infringe its copyright.

    This, in fact, is the logical consequence of the absurdity that is "copyright". Ultimately, when you look at something, the photons bouncing off its surface (a copy) enter your retinas whereby they trigger electro-chemical impulses (a copy) in your receptor cells and travel down axons to other cells (a copy) and end up bouncing around your brain (multiple copies).

    As one can easily see, the argument of "unauthorized copies" in any medium, once precedents are established (as they already apparently are), must logically lead to convictions for "unauthorized copies" in your mind (also known as "illegal thoughts"). Otherwise some "copies" are unequal to others based on arbitrary rules pulled out of some law-monkey's ass.

    This will become even more apparent once technology advances to the point where computer/brain integration will become feasible and deployed on a large scale in form of mind-enhancing implants, thus blurring the distinction between a "copy" in one's brain or one's implants.

    Copyrights (as all so-called "Intellectual Property") are illogical, nonsensical make-believe results of greed overpowering common sense and as the time goes on and technology progresses, their utterly moronic nature will only become more and more odiously apparent.

  • by Anonymous Coward on Sunday November 01, 2009 @05:00PM (#29944186)

    You lost me at "lappies".

  • by Vexorian ( 959249 ) on Sunday November 01, 2009 @05:21PM (#29944380)
    Yay! Analogy time! I made the keyboard you are using right now, I invested my $$$ making it, and regardless of whether you paid it or not, I am going to forbid you from using it to type your pro apple opinion, if you do, I won't just get mad at you and promise not to sell you a keyboard again, but I will send you to hail for copyrite infrigement!11
  • by Dishevel ( 1105119 ) * on Sunday November 01, 2009 @06:04PM (#29944766)

    that was over a app with online play and pay to play a OS is a buy one time per system and you don't pay per mouth to use it as well.

    I vote for worst use of the English language ever?

  • by bhtooefr ( 649901 ) <bhtooefr@bhtooefr. o r g> on Sunday November 01, 2009 @06:18PM (#29944874) Homepage Journal

    Or they just require a paper license agreement to be signed pre-sale for all sales of OS X.

    Problem solved.

  • by MindlessAutomata ( 1282944 ) on Sunday November 01, 2009 @06:37PM (#29945038)

    I've always been a PC at heart.

    Not like the rest, the others. Everyone around me. I was at odds with my society and knew it early since birth. Unlike them, I did not "Think Different!"--the mantra of the Macs around me, the phrase on all the billboards in the city that served as a reminder to its citizenry. Sameness pervaded the essence of my being and no amount of self-conditioning I did could change that. Eventually, I gave up and isolated myself emotionally from society.

    I gaze at the faces going by, the white earphones contrasting their black turtlenecks, connecting their ears to their pockets, their blank faces engrossed in hip Indie rock music and various garage bands. I envied them for their perfection against my flaws and my compulsive nature to expand, to burden my life with troubles instead of remaining, like them, simple and easy to deal with. The grandest of virtues, simplicity... the philosophy by our loyal benefactor Steve Jobs, who descended from the heavens, creating the Earth, the iron, the wind and the rain. Steve Jobs, who defined the parameters of existence, the one who set about the patterns of reality, the constants, the variables. He who made gravity, electromagnetic energy, and shaped atomic structures and brought forth motion. From these things, he crafted the elements, processed them, refined them, and from these things engineered Apple products through the purity of his mind. Each Apple product was individually crafted by his own hands with the programming code used to run each device having being compiled in his brain and uploaded to each device telepathically, breathing life and perfection into each and every unit.

    Except, it seems, for me, for I was not among the many. I was a PC. They were Macs. I've always been a cold, stiff person. I got by, disguising myself by keeping my non-Ipod music player safely out of sight, which I use because of my depraved nature demanding more functionality than the simple and easy-to-use Ipods have to offer.. In the safety of my own home, behind locked doors, I ran a Forbidden, a contraband computer from more depraved, earlier days that was not given the love and blessing of being birthed by Steve Jobs. I dual booted, out of the great sin of curiosity-- curiosity, a shameful value of a PC, as curiosity has no place where simplicity matters most--using two of the great unutterable blasphemies-- something called "Windows Vista" and something else called "Linux." Although, as I mentioned before, although my tendency to be a PC and towards conformity has always been inherent to me, I was truly transformed when I found these old things in a hidden cache of computer parts predating The Purging. Perhaps the greatest sin of all, the single evil that, if discovered, would damn me forever, was the fact that my mouse had more than one button.

    As I walk among the Macs on the streets, passing the Starbuckses as I went along, I wondered how it all came to this. I glanced at The Holy Marks on the foreheads as the people wandered down the streets, the Bitten Apple tattooed on all our of us at birth, and wondered if, perhaps, there could be something more to life. But again, this was a PC's thought, and not, like everyone elses', a Mac's. We were to hold ourselves to the philosophy of Steve Jobs--so as his products were designed for idiots, so too were we to be idiots. But I was not a Mac--I was not an idiot. I was simply too complicated to be a worthwhile person.

    Nature called. I found a nearby public iPoo--squeaky clean and sparkly white, things weren't all bad--and let myself go, expelling the waste that had accumulated inside me. After relieving myself and committing the overly-complicated and thus illegal act of wiping my ass (I did not flush as iPoos, designed to be idiot-proof, did not flush) I left and once again wandered the streets aimlessly, hoping to find some meaning in a world where I simply did not belong, a world where if my true nature was discovered, I would be endlessly persecuted by smug, self-righteous sons of bitches.

  • by Jeremi ( 14640 ) on Sunday November 01, 2009 @08:58PM (#29945928) Homepage

    And that's not even counting processor cache (probably small enough to be considered fair use).

    And why stop there? The bits on the wire connecting the hard drive to the motherboard? That's another copy right there. And as the bits travel through each additional stage of gates on the way to RAM and/or the CPU? Another copy.

    Cry havoc, and let slip the lawyers of war!

Evolution is a million line computer program falling into place by accident.