Psystar Loses Appeal In Apple Case

The dispute between Mac cloner Psystar and Apple has been a long and twisty one; now, reader UnknowingFool writes that "Last week, the U.S. Ninth Circuit Court of Appeals ruled mostly against Psystar in their appeal of their case with Apple. The Court found for Apple in that they did not misuse copyright by having conditions in the OS X license. Psystar won on one point in which some of the court orders should have not been sealed."

hypothedical question?

[arbiter1]

What if Microsoft did this today or even years ago? I don't think they would got off Scott free like apple does on this crap where they limited their software.

Re:That's too bad...

[UnknowingFool]

They were resellers; however, they didn't merely resell unopened OS X boxes. They also modified OS X to run on non-Apple hardware and sold them along with the unmodified boxes. The unmodified boxes are not copyright infringement; the modified OS X was. In the Apple, Psystar did not contest that they violated Apple's copyrights when they did so; they said that Apple imposing conditions on their license violated First Sale. The court of Appeals noted that OS X like many software is not bought but licensed therefore First Sale does not apply.