At 5:05 AM -0500 8/30/2008, Ralph wrote:
>On Thu, 2008-08-28 at 17:19 -0400, Dan wrote:
>  > There is a legal question here as to the separation of hardware and
>>  software.  If the courts rule that they're separate products,,, the
>  > whole industry will change -- for the better, IMO.
>
>   Maybe there is a better way.  The case of Timothy Vernor vs Autodesk
>should be instructive.  It holds the first sale doctrine to apply to
>"licensed" software.  I have read several lawyers refer to it as well
>reasoned and more influential that pure precedent would suggest.  If
>first sale doctrine applies to OSX "purchases", then restrictions over
>where it can be installed fall to the wayside.

Verner vs Autodesk is good, I think, because it establishes that 
software is indeed a real product that can be sold and resold without 
limitations (export issues not withstanding).  But IP is a world unto 
itself sometimes...  In this particular case, the OS (sold at retail, 
not bundled) needs to be severable from the hardware platform. 
That's one more step beyond simple resale; going into how much 
control the company has wrt how and where you use the product after 
buying it.

>  > I'm sorry.  It's time for OS X to go mainstream.  And if that means
>>  Apple has to have its a** kicked, so be it.  Apple can lead the
>  > charge or deal with the hoof prints on its back, as we stampede into
>  > the future.
>
>I disagree here.  Whether I think Apple should support installs on
>non-Apple hardware or not does not matter.

I think it does matter!  I think Apple should provide the OS but then 
LOUDLY support it ONLY on a VERY limited range of hardware.  eg: just 
Apple branded Macs only, at first.

>Apple does not have to support it, but they don't have a right to 
>stop it, either.

Exactly.

>Maybe this is all a brilliant strategy by Apple.  They are allowing 
>pent up demand to grow [...]

Control is, ultimately, an illusion.  No business model based on it 
can succeed in the long run.  I want Apple to succeed long term.


- Dan.
-- 
- Psychoceramic Emeritus; South Jersey, USA, Earth

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